Criminal Justice Attorney – Criminal Law, Mens Rea & Criminal Liability

Criminal law is the body of law that pertains to crimes. It addresses criminal intent, which is what makes an action a crime. In order to convict someone of committing a crime, intent must be proven.

This means that you have to intend to do something that is illegal. Criminal laws can be broken down into two categories: malum in se and malum prohibitum. Malum in se are crimes that are bad in themselves, such as murder or theft. Malum prohibitum are crimes that are only bad because they are illegal, such as speeding or driving without a license.

Prosecutors must prove that an individual had the intention to break the law in order to get a conviction.

Elements Of A Crime

The following are the different elements of a crime:

1. An act that is prohibited by law.
2. The offender’s awareness that it is a crime to do such act.
3. The will or intent of the offender to do such a prohibited act.

What Is Mens Rea?

Mens rea is a legal term that refers to a person’s mental state when committing a crime. It is important because it determines whether a person is guilty of a crime or not. It can be broken down into four categories: intention, knowledge, recklessness, and negligence.

Intention is when an individual has the desire to carry out a criminal act. Knowledge is when an individual knows that their actions will lead to a criminal outcome, but goes ahead with them anyway. Recklessness is when an individual consciously disregards the danger of their actions and proceeds anyway. Negligence is defined as carelessness or indifference which leads to someone breaking the law.

What Is Actus Reus?

The actus reus is a Latin term that refers to the guilty act, or the criminal behavior that leads to someone being charged with a crime. In order for an act to be considered criminal, it must be accompanied by both the actus reus and mens rea. The mens rea is the mental element of the crime, and it refers to the defendant’s intention or state of mind. Together, these two elements must occur simultaneously in order for an act to be considered criminal.

There are several different types of actus reus. One type is called general intent crimes, which require only that the defendant have intent to do the prohibited conduct. Another type is specific intent crimes, which require that the defendant have additional intent beyond just doing the prohibited conduct. For example, with murder, the defendant must specifically intend to kill someone in order for it to be classified as murder.

A third type of actus reus is called recklessness crimes. These offenses are based on a person’s reckless disregard for a known risk. For example, if someone drives drunk and causes an accident that kills another driver, they can be charged with vehicular manslaughter based on their reckless actions behind the wheel.

Finally, there are also strict liability offenses. These are crimes where the defendant doesn’t have to have any intent whatsoever, and can be convicted simply based on their actions. An example of this would be a company that is charged with violating environmental regulations, even if the employees had no intention of breaking the law.

Concurrence

Concurrence is the coming together of two or more elements to form a single effect. It can be an event, like two cars colliding, or it can be a state of mind, like two people agreeing on a plan. In criminal law, concurrence is an important concept because it’s one of the ways prosecutors prove criminal liability.

There are three types of concurrence: act, result, and mental. An act concurrence happens when the defendant commits an overt act that goes towards the commission of the crime. A result concurrence happens when the defendant’s actions cause a particular result, like causing someone to die. And finally, a mental concurrence happens when the defendant has the same intent as the person who committed the crime (also called “actus reus”).

Prosecutors rely on these different types of concurrences to prove criminal liability because they offer different ways to show that the defendant was responsible for committing a crime.

Criminal Liability

In order to be criminally liable for an offense, a person must have committed the actus reus of the offense and must also have had the requisite mens rea.

Therefore, a person who accidentally bumps into someone on the street would not be guilty of assault, as they did not have the requisite intent. However, if a person punched another person without provocation, they would likely be found guilty of assault as they had both the actus reus (punching someone) and mens rea (the intention to punch someone).

A good criminal defense attorney should be able to use these various elements to help clients avoid or at least reduce the degree of liability.

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Lawyer – DWI In-Prison Recovery Program In Texas

According to Texas Law, a person is charged with a DWI (or driving while intoxicated) if caught driving a vehicle in public while intoxicated. To understand DWI in cities like Dallas or Balch Springs, TX, you must define intoxication as prescribed by law.

If you don’t have normal use of your physical or mental faculties because you have consumed alcohol, drugs, or both, you qualify as intoxicated. Despite appearing sober, you can still be deemed intoxicated in cities like Dallas or Balch Springs, TX. That holds true even if you drink small quantities of alcohol. Texas law requires a person’s BAC to be less than 0.08%. Commercial drivers have a lower BAC limit (0.04).

Sobriety is usually determined by field sobriety tests to assess indications of intoxication to a Breathalyzer and BAC tests to confirm intoxication. The Texas Penal Code: 49.04 clearly states the statutes on DWI offenses.

Driving While Intoxicated Convictions

Many people attempt to challenge DWI in cities like Balch Springs, TX, on their own. However, doing so without a DWI attorney will increase the chances of a conviction. Most charges are Class B misdemeanors. However, charges can be enhanced leading to more serious penalties if convicted.

DWI convictions for first offenders usually carry up to 180 days in prison and a fine not exceeding $2,000. Driver’s licenses could also be suspended for up to 12 months. Repeat offenders face more serious consequences. Second offense convictions attract a fine not exceeding $4,000 and up to 12-months in jail. Third offenses attract up to a decade in prison and a fine not exceeding $10,000.

In-Prison DWI Recovery Program

Besides jail, fines, and driver’s license suspension, there are other penalties that come with a driving while intoxicated conviction. You can be required to take a recovery program while in jail. Texas has a special recovery program for inmates convicted of such offenses.

The program spans six months and tackles various behavioral issues and risk factors that lead to DWI offenses. This substance treatment program targets inmates serving considerable time for said offenses.

Texas implements the recovery program via didactic skills training and group therapy. It is characterized by a comprehensive curriculum that combines evidence-based practices focusing on alternatives to intoxication. It also delves into the medical effects of intoxication, alcohol disorders, lifestyle factors contributing to intoxication, cognitive therapy, victim awareness, stress, and more.

The In-Prison DWI recovery program lasts for 20 hours weekly conducted by licensed counselors using educational activities, group, and individual therapy. The program also incorporates family services such as discussions between family members, study groups, sponsorship sessions, and intervention courses. The program expects participating inmates to be completely rehabilitated. The reason is that the program equips them with everything they need to avoid DWI offenses in the future.

The Need For A Criminal Defense Attorney

The consequences of DWI convictions in Dallas or Balch Springs, TX, are dire, yet it takes an experienced criminal defense lawyer to put up a solid defense and avoid conviction.

The Medlin Law Firm has a highly skilled DWI attorney waiting to assist you with Texas driving while intoxicated charges and convictions.

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Law Firm – DUI & Substances That Result In Charges

DUI cases in cities like Balch Springs, TX, are often associated with alcohol. However, the law covers intoxication from many substances. Texas has very stringent DUI laws that can result in hefty fines and jail terms. You need a highly competent criminal defense attorney to fend off serious DUI charges.

DUI Due To Alcohol

If you drive after drinking alcohol, you will likely be arrested in cities like Balch Springs, TX. It also depends on your gender, the drink in question, and factors like body size. Texas DUI laws require drivers to have a BAC (or blood alcohol concentration) of less than 0.08%.

Anything equal to or greater than 0.08% can lead to a driving under the influence offense. Its severity depends on how intoxicated you are and if it’s the first or a repeat offense. The charges increase in severity in special circumstances like if you were driving intoxicated while carrying a minor in your car.

An alcohol-related conviction can result in serious consequences like a fine of up to $10,000. You should get a highly skilled criminal defense attorney when faced with a DUI charge.

Marijuana & DUI

Marijuana intoxication can also lead to DUI charges in cities like Dallas or Balch Springs, TX. While recreational use of marijuana is legal in many states today, Texas hasn’t legalized the drug. Alcohol intoxication has worse effects on a person’s motor skills and ability to control machinery according to the CDC. However, marijuana still has an impact on someone’s brain that could pose risks when driving.

Marijuana can cause poor judgment, poor coordination, multitasking difficulties, and slow reaction times. Suppose you are caught driving under the influence of marijuana. In that case, you risk penalties based on the amount of marijuana in question and if you are a repeat offender. Most importantly, possession of marijuana alone is a serious offense in itself.

Cocaine, Meth & DUI

Cocaine is an illegal drug with very serious possession penalties. Being caught in possession of a tiny amount of cocaine (one gram) results in state jail felony charges that can earn you a year in prison and a fine not exceeding $10,000. If you have 4 grams of cocaine in your possession, you risk a 3rd-degree felony charge.

Being intoxicated by cocaine and meth while driving is a more serious offense that can attract up to a century in prison and fines not exceeding $100,000. The drugs are known to cause recklessness and aggressiveness, making them dangerous when driving.

Some OTC & Prescription Medicines

Some medication that is completely legal can also result in DUI charges in Dallas or Balch Springs, TX, depending on the effect of such medication. Legal prescription drugs that cause excessive dizziness and drowsiness or those that warn patients from operating machinery can result in a charge.

If you face a DUI charge after taking OTC drugs, an experienced criminal defense attorney from the Medlin Law Firm can help put up a solid defense. A skilled defense attorney can question the evidence against you, how you were arrested, and the testing method, to have the charges dismissed or lessened.

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Trial Attorney – Drug Manufacturing Offense In Balch Springs, TX

The state and federal laws on drug crimes, such as manufacturing illegal drugs, are very stringent. Drug manufacturing offenses encompass owning the property used to make illegal drugs. It also includes being in possession of substances and/or paraphernalia used to make drugs.

Individuals involved in manufacturing illicit drugs such as cocaine, meth, fentanyl, and other hard drugs risk life imprisonment.

Given the harsh jail sentences and fines, anyone charged with drug crimes in cities like Dallas or Balch Springs, TX,  needs a highly competent criminal defense attorney. The Medlin Law Firm is a renowned law firm where you get the services of an experienced criminal defense attorney.

But first things first, what do Texas laws say about drug manufacturing.

Definition Of Drug Manufacturing

The term drug manufacturing spans many things ranging from cooking illicit drugs to mixing chemicals to create an illicit drug. In many cases, growing marijuana plants also constitutes drug manufacturing.

As mentioned above, being in possession of the chemical components used to make illegal drugs also qualifies as drug manufacturing. The law assumes individuals should know they are in possession of elements or ingredients needed to make illicit drugs. For instance, Texas law prohibits the possession of methylamine and phenylacetone together when there is an intention to make meth.

Drug-related statutes in cities like Dallas or Balch Springs, TX, define the manufacturing of drugs as preparing, processing, converting, producing, compounding, or propagating controlled substances. Being involved in extracting natural substances, combining extraction and synthesis, or chemical synthesis also qualifies as manufacturing.

What’s more, packing an illegal drug, re-packaging, labeling or re-labeling containers containing illegal substances qualify for drug manufacturing charges. Generally, drug crime charges in Texas can arise if a person is involved at any drug production stage.

Penalties For Drug Manufacturing In Texas

Texas has very strict drug laws on possession, usage, and manufacturing. The severity of punishment depends on the number of illegal drugs in question. The category of the drug also matters. Damaging and addictive drugs carry the worst charges, penalties, and punishments.

Involving minors in manufacturing or committing other crimes while manufacturing also results in stiffer penalties. Generally, you can expect life imprisonment of up to 99-years in jail and a fine not exceeding $250,000 upon conviction.

The Need For A Drug Crimes Defense Attorney

Since drug manufacturing charges in Texas have serious consequences, you should seek a highly skilled drug crimes attorney right away. Texas authorities must follow due process when arresting persons suspected of drug charges. A skilled criminal defense lawyer can use unprocedural arrest as a valid defense to have such charges dismissed or reduced.

What’s more, the prosecution can be put to task to explain intent if you are found with certain ingredients capable of manufacturing drugs. You could also be a victim i.e., a landlord whose premises is being used to manufacture drugs. Having a skilled drug crimes defense lawyer is crucial to executing legal maneuvers successfully.

Find a criminal attorney in cities like Dallas and Balch Springs, TX. The Medlin Law Firm has a team of experienced drug crime attorneys who can put up a solid defense against various drug-related charges.

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Legal Services – Is An Assault & Bar Fight A Misdemeanor Or A Felony?

Assault and bar fights are common occurrences in businesses that serve alcohol. Intoxication does impair judgment. Many factors can trigger these fights, from accidental physical contact to different opinions, to mean dispositions. While these can look petty to a sober person, assault charges can have devastating consequences. It can result in hefty fines and time in prison. These could turn into misdemeanor or felony charges, depending on how serious the damage is. When faced with assault charges in cities like Balch Springs, TX, immediately seek the services of an experienced criminal defense attorney.

Consequences Of A Bar Fight: Simple Charges

You face the possible criminal charge of simple assault if you threaten someone in a bar or touch them. It is a Class C misdemeanor that carries a fine not exceeding $500. This offense doesn’t come with jail time. However, threats targeted at elderly persons can be enhanced to a more serious misdemeanor (Class A). It carries up to a year in jail and fines not exceeding $4,000.

Other qualifying factors can enhance simple assault charges. It includes threatening a security guard, emergency services workers, or government officials. What’s more, repeat offenders also face heavier penalties.

Consequences Of A Bar Fight: Enhanced Charges

A bar fight can result in aggravated assault charges if serious injuries occurred during the fight or if there are weapons involved. This type of crime is more severe than simple assault.

Typical aggravated assault charges in cities like Balch Springs, TX,  can get a second-degree felony conviction. It carries a 2-20-year jail term and fines not exceeding $10,000. The charges can also be enhanced if the offense is by a repeat offender. The same applies if you hit security guards, witnesses, and police officers. Such an offense can lead to a 5-99-year jail term.

Consequences Of A Bar Fight Charge In Texas

Aside from paying fines and serving jail time, convicted persons can damage their career prospects due to the resulting criminal record. Many employers in cities like Balch Springs, TX, check criminal records before hiring. Landlords also do background checks before admitting tenants. It includes the checking of criminal records. Bar fights can also result in serious injuries and liabilities to third parties such as bar owners.

Experienced assault attorneys are crucial in knowing your legal options when facing these charges in Texas. A skilled bar fight criminal defense attorney can employ various legal remedies to have the charges dropped or reduced.

The Medlin Law Firm has a team of assault and bar fight criminal defense attorneys that can lay out the legal options for you at the onset. The firm has more than 96 years of collective knowledge and experience in handling bar fight charges in Texas.

Assault & Bar Fight Criminal Defense

Simple or enhanced assault charges from a bar fight must be reviewed and the evidence assessed. Evidence can be disputed if it doesn’t meet the definition of assault in Texas. There also needs to be concrete proof you were responsible for starting the fight.

Highly skilled criminal defense lawyers can use self-defense or other affirmative defense as a counter to these charges. Affirmative defense involves using physical force to protect your property or another person from harm. Bar fight defense attorneys can also challenge evidence with witness accounts. For instance, they can ask if witnesses were in the right emotional or mental state to remember the occurrences accurately. The relationship between witnesses and alleged victims can also be challenged.

Don’t risk your freedom, reputation, and finances when facing assault charges in cities like Balch Springs, TX. You can contact highly qualified criminal defense lawyers at The Medlin Law Firm for legal representation.

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General Practice Attorney – Top Examples Of First Degree Felony & Their Penalties In Texas

A felony committed in cities like Balch Springs, TX, has different levels of seriousness. The charges typically begin with the least penalty and progress to more serious crimes. In this article, you will learn that a felony of the first degree is a serious offense.

It is the second most serious offense in Texas and comes with severe punishment. However, the court cannot impose the death penalty as a sentence. Most convictions for first-degree offenses result in a minimum of 5 years in prison and might lead to a life sentence.

Examples Of First-Degree Violations

Below are examples of a felony of the first degree in cities like Balch Springs, TX.

• Solicitation of a heinous crime that is punishable by death.
• Human trafficking.
• Aggravated kidnapping.
• Child sexual exploitation.
• Manufacturing or distribution of controlled drugs.
• Assault with a deadly weapon.
• Aggravated sexual assault.

In addition, the court can enhance second-degree felonies into first-degree offenses. It is based solely on the context surrounding the alleged offense. An example is the theft of property with a value of between $150,000 and $300,000 from a nonprofit organization.

Another example is manslaughter against a public official, such as a police officer. One more example is the manufacturing or supplying of prohibited pharmaceuticals in a drug-free school zone.

Penalties For First-Degree Felony

A felony of the first degree carries the penalty of between 5 years and life in prison as well as up to a $10,000 fine. It is typically the same in cities like Balch Springs, TX, and other states. However, the amount can go higher depending on certain drug cases and their severity. The potential jail time for first-degree conviction can also increase depending on the qualifying circumstances.

One such circumstance is when the defendant already has a felony crime on their record other than a state jail felony. It can also be increased to a life sentence if the person commits an aggravated sex offense and has past convictions for particular sexual assaults.

Collateral Consequences For Conviction

Of course, penalties for first-degree felonies are not always paying fine charges or serving time in prison. Depending on the case, people who commit a first-degree felony can lose their right to vote and own guns. Other than that, their professional licenses can be revoked. Their conviction also stays indefinitely on their criminal record. Anyone who performs a background check on you, such as employers, landlords, and banks, can see this criminal record.

Another option that you can look into instead of serving time in jail is probation. Some people convicted of a first-degree felony are sentenced to probation once they meet the requirements.

• Payment of court fees and reparation to victims.
• Random drug testing.
• Regular visitation of the probation officer.
• Complete community service.

However, according to the Texas Code of Criminal Procedure, there are some first-degree offenses where the court cannot grant probation. Probation does not apply to murder, sexual assault, aggravated robbery, or crimes involving a dangerous weapon. In addition, probation is never an option for the defendant if the serving jail time is longer than 10 years.

What Happens After Probation

Keep in mind that probation differs from parole. Although they are both types of supervised release, probation has an included jail sentence. On the other hand, parole can be granted only after some jail term has been served. After serving one-quarter of their prison sentence, inmates are eligible for release.

If you want to discuss more on felony of the first degree in detail, you can consult a criminal defense attorney in Texas at The Medlin Law Firm. Get in touch today to know your legal options.

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Barrister – Theft Charge In Texas Versus Robbery & Embezzlement

Theft is the act of obtaining belongings without the owner’s consent. There are different types of stealing offenses in cities like Balch Springs, TX, depending on the charges and severity. One of them is grand theft. This type of crime is rarely considered an act of felony, but a misdemeanor offense in some states.

What Is Grand Theft?

Grand theft refers to the stealing of personal or tangible property over a certain dollar amount, as prescribed by law. It is a more serious offense than other types of stealing because the stolen property is of high value. Grand theft typically includes farm animals, automobiles, and firearms. In addition, multiple people can work together to steal these items. In this case, the value of the stolen items adds up and the act of stealing qualifies as grand theft.

According to the Texas Penal Code, a person commits theft when they steal property from another. It can be stealing tangible and intangible property to deprive the owner of the property. The most serious crimes of grand theft are first-degree felonies, which involve a fine of $200,000 or more and a jail sentence. On the other hand, you can categorize less serious cases as a class C misdemeanor, punishable only by a $50 fine.

Stealing Vs Robbery Vs Embezzlement

When you’re charged with theft, understanding the specific technicalities of the crime is vital. This is so you can determine the best legal course of action to take. There are similar types of offenses in cities like Balch Springs, TX, which are robbery and embezzlement. They may look the same as the other, but below are their primary differences.

Based on the Texas Penal Code, a person commits robbery if they intentionally or recklessly injure the owner or threaten them in fear of death or imminent harm. This makes robbery a second-degree felony, as it is more than aggravated robbery. The criteria for this crime are as follows:

• Causes severe bodily harm to another.
• Employs the use of a lethal weapon.
• Does or threatens to bring harm to a person.

Still considered stealing, embezzlement is different because of the relationship between the parties. It occurs when an employee steals funds from their employer. Most of the time, embezzlement and fraud go hand-in-hand. In addition, embezzlement can be as minor as taking a specific amount of money from the cash register or as serious as taking thousands of dollars from a company. Similar to grand theft, embezzlement charges vary solely on the extent of the crime and the value of the property stolen.

Penalties For Grand Theft

In Balch Springs, TX, and most states, grand theft is considered a felony offense. The potential punishment for this crime can be from a year up to more in prison. In case of misdemeanor convictions, the judge has the authority to sentence you to up to a year in prison. However, it can last far longer for felony charges. In fact, it can be from five to twenty years or more, especially when the theft involves extremely expensive items or if the individual convicted is a repeat offender.

You can also pay a fine if you get a conviction, usually less than $1,000 for misdemeanor fines. Meanwhile, felony fines can exceed $100,000. In addition, the court might require you to pay restitution to the owner or to undergo probation for at least 12 months.

When you’re charged with theft, it’s important to speak with a Texas criminal defense lawyer to help you navigate the legal process. Consult Medlin Law firm now to establish a strong defense against these kinds of charges.

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Family Law Attorney – Domestic Violence & Its Effects On Mental Health

Domestic violence is a pattern of behavior used to gain the upper hand over an intimate partner. It asserts control over an intimate partner and is also known as intimate partner violence or domestic abuse. The abuse can be verbal threats, manipulation, gas lighting, intimidation, injury, and humiliation. Domestic violence can happen in cities like Balch Springs, TX, and to anyone. That holds true regardless of their sexual orientation, age, reputation, religious beliefs, and economic background. Furthermore, incidents like this can escalate in frequency and severity. It can have a long-term effect on the mental health of the victims.

Potential Effects Of Domestic Violence On Mental Health

1. Post-traumatic Stress Disorder (PTSD). This illness arises when a person goes through a traumatic or frightening incident in their life. Fear can cause several split-second changes in the victim’s body to help them defend themselves from danger. The effects or fear manifest particularly after a domestic violence incident. Symptoms often appear three months after the assault, and victims may endure nightmares, disturbing thoughts, and unexpected outbursts of anger. Signs of physical stress as a result of remembering this incident include rapid heartbeat and profuse perspiration.
2. Sometimes known as major depressive disorder, depression is a severe condition. It is typically characterized by symptoms of chronic sorrow or loss of interest. Depression can cause a variety of behaviors and symptoms. It includes changes in sleeping patterns, lack of appetite, low energy level, poor concentration, and suicidal thoughts. Depression symptoms typically persist for at least two weeks and cause a change in the victim’s level of functioning. Other conditions such as persistent depressive disorder and disruptive mood dysregulation disorder are also associated with depression.
3. Not to be confused with depression, this condition usually pertains to the anticipation of a future. It is associated with avoidance behavior and muscle tension. People with anxiety disorders tend to avoid certain situations because of the body’s fight-or-flight reaction. This reaction holds true for domestic violence victims, whether in big cities or cities like Balch Springs, TX. These victims would rather stay in an area away from their abusers instead of facing them head-on.

Domestic Violence On Mental Health – Get Help

Short-term effects of domestic violence such as bruises, wounds, bumps, and other visible injuries can be spotted easily. However, the long-term effects are harder to recognize and treat. It may require therapy, counseling, and other forms of mental health services for treatment. Getting these treatments can help prevent destructive coping mechanisms, such as excessive alcohol drinking, overeating, smoking, and drug intake. Resorting to such actions may help victims forget the pain momentarily, but it is not mentally or physically helpful in the long run.

What To Do If You’re In A Domestic Violence Situation?

If you find yourself trapped in an abusive relationship in cities like Balch Springs, TX, here are the things you can do.

Get Support. It can be hard to leave a dangerous or frightening environment, especially if you have been threatened or mistreated for a long time. If ever possible, talk to someone you can trust, such as friends or relatives. It would also be preferable to schedule an appointment with a therapist or counselor so that they can offer guidance on your specific situation.

Know Your Rights. If you’re injured or sexually assaulted, contact emergency services immediately or visit the nearest hospital. These services are typically available 24/7 in cities like Balch Springs, TX. It’s also suggested to consult a domestic violence defense attorney. They can help you stop the abuse using the legal process. In this way, you can protect yourself from your abuser.

Check your rights and contact Medlin Law Firm now so they can help you get away from domestic violence.

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District Council – Misdemeanor Crimes Common In Texas & The Other States

Misdemeanor crimes are widespread and very common in cities like Balch Springs, TX. In many other states, these compose most of the charges filed by state prosecutors. These range from petty shoplifting to more serious offenses like online identity theft. However, it’s important to consider what makes misdemeanors more common than felony crimes.

Why Misdemeanor Crimes Are More Common

Research indicates that lesser crimes (misdemeanors) are more likely to happen because they attract lesser penalties. Misdemeanor punishments are lighter and more lenient than felony charges that attract prison time and hefty fines.

Most Common Type Of Crimes In Texas

In Texas, a Class C misdemeanor is the most common and carries no jail time. Generally, the most common of these in cities like Balch Springs, TX, will be one that doesn’t involve violence or significant property loss/damage. This class includes crimes such as traffic citations, petty theft (such as shoplifting), disorderly conduct, gambling, and public intoxication. It also includes issuing a bad check (under $20), using laser pointers, having small amounts of drugs (controlled substances), and more. However, that shouldn’t mean you should take this criminal charge very lightly.

An Experienced Misdemeanor Defense Attorney Is The Best Option

Common misdemeanor crimes in Texas are Class C which carries a small fine (up to $500) and no jail time. However,  the charges can be enhanced to more serious Classes (A or B) when specific circumstances are met.

For instance, individuals who are repeat offenders can expect their charges to be enhanced. Even if the value of stolen items is minimal, a repeat offender will get stiffer penalties.

The same applies to committing petty crimes due to prejudice or bias. For instance, a crime with religious or racial vilification elements can expect harsher charges that involve a mandatory 6-month jail term. Also, petty crimes involving drugs also carry a mandatory 6-month jail term. Such charges are usually enhanced to Class A.

Hiring Criminal Defense Lawyer For Misdemeanor Crimes In Texas

The above information shows why it’s essential to seek legal help even for the least serious of misdemeanor crimes. In cities like Balch Springs, TX, charges of these crimes are weighed based on the unique circumstances of the offense. It’s not automatic that you will receive a charge having the least penalty in your first offense. What’s more, you stand to suffer other negative consequences besides going to jail or being fined.

For instance, these offenses can result in a damaging criminal record. You can also lose job opportunities or have difficulty finding somewhere to live. Landlords and employers typically check criminal records for potential employees and tenants.

A criminal defense attorney isn’t a luxury. What’s more, you need an attorney with years of experience dealing with these charges in cities like Balch Springs, TX.

Misdemeanor charges can carry serious penalties especially when they involve drugs, violence, prejudice, or repeat offenses. Seeking legal representation from highly competent criminal defense attorneys is the best possible course of action.

The Medlin Law Firm has a team of misdemeanor defense attorneys with more than 96 years of collective experience dealing with these charges. Highly skilled criminal defense attorneys can get the charges dismissed or reduced.

 

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Council – Marijuana Possession & The Impact Of Cannabis Bills In Texas

Marijuana possession in cities like Balch Springs, TX, continues to be a prevalent issue to this day. Although the topic of marijuana possession has slowly been accepted across the U.S., the Texas and federal law is still reinforcing the usage and possession of marijuana as illegal regardless of the amount. As a matter of fact, the law continues to punish those who go against it severely. For example, if someone is convicted of possessing marijuana under 2 ounces, they automatically carry a maximum penalty of 180 days in jail and a fine of up to $2,000.

Penalty For Marijuana Possession, Sale & Cultivation In Texas

The mandatory minimum sentence for possession of marijuana is around 180 days. It can still increase depending on the amount possessed by the defendant. For example, if they hide a total of around 50 to 2000 lbs, the criminal act will now be considered a felony. The maximum prison time is a life sentence and a fine of up to $10,000. If the court finds the defendant guilty of selling them, the minimum fine would be $2,000 to $4,000. It also comes with a prison sentence of 180 days up to a year, depending on the case. The same goes for the cultivation of marijuana.

Exceptions To The Texas Law Of Marijuana Possession

However, keep in mind that not all courts in cities like Balch Springs, TX, order a prison sentence or fine. Some of them provide drug diversion programs to allow particularly first-time offenders to complete their rehabilitation programs. In this way, they won’t have to spend their lives in prison.

In addition, there are laws supporting the use of marijuana in the medical field. The Texas Compassionate Use Act’s major clauses imply that the state’s low-THC medicinal cannabis program would cover people suffering from PTSD and cancer. Further, it will raise the existing THC threshold on medicinal cannabis from 0.5% to 1%.

 What If You’re Arrested For Marijuana Possession?

It can be extremely complicated if you’re convicted of possessing marijuana. If you’re arrested for marijuana possession, take note of the following:

1. Don’t try to resist arrest. Inform the authorities that you require the services of a lawyer.
2. Make contact with a skilled criminal defense attorney. The police can occasionally employ coercive interrogation techniques. It can get people to implicate themselves when they are not obligated to do so by law. In this case, you can your right to counsel before talking to law enforcement.
3. Disclose only your name and other essential personal information. Remember that you have the right not to say anything. You are not required to answer questions unless you are accompanied by an attorney.
4. Say nothing else to the cops. Keep in mind that even innocent individuals have faced significant penalties for saying something improper. Furthermore, this can be used against you. If you’re being cornered into saying something silence would be the best answer.

There is currently a nationwide trend toward decriminalization and even the legalization of marijuana. But in several cities like Balch Springs, TX, the state continues to penalize marijuana possession and consumption. If you find yourself charged under Texas’ marijuana laws, the conviction can adversely affect your reputation and chances to find work in the future. Protect your rights by talking to a criminal defense attorney right away. Get in touch with Medlin Law Firm for legal representation.

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Balch Spring, Texas

History

The Balch Springs region was initially populated in the 1840s. With their family, William H. Bennett as well as other farmers relocated to the Balch Springs region. Before Mesquite was created in 1873, the settlers traveled to Scyene and Haught’s Store for supplies and mail. Grains, corn, and oats were the principal crops in the early 1800s. Cotton had become the primary crop by the late 1800s.

Around 1879, John M. Balch and his family relocated to Texas and resettled in southern Mesquite on what is now Balch Springs Road. Mr. Balch discovered numerous springs on his property, one of his owned springs flower all year. According to local folklore, Mr. Balch’s springs then became a communal gathering spot where people assembled to fetch water and converse casually. Mr. Balch’s neighbors started calling the springs ‘Balch Springs’.

Balch Springs’ population rose to 3,500 by 1956. The population went up during the next few decades, reaching 13,050 by 1976. In 1958, the city had a sophisticated fire brigade with three fire vehicles. After that, they also had a post office operating in the city in 1964. Children attended school either in Mesquite or Dallas school districts. The municipality began charging its first levies in 1965, and a referendum to disincorporate failed in 1966.

Real estate prices in Balch Springs started to go up in the early 1970s due to its closeness to Dallas. By 1991, the town had seventeen producers, including shipping pallets and machine part manufacturers. Balch Springs voted to merge with Mesquite in 1988, but the vote was declared invalid, so Balch Springs stayed an independent municipality. By the year 2000, the population had risen to 19,375.

Balch Springs Livability

Balch Spring is located inside Dallas County and is just 15 miles from downtown Dallas, making it an ideal location for those who wish to be close to town without having to contend with city road congestion. This is ideal for you if you dislike city traffic and the business of living in the city but want to be close enough to savor all of the fun elements of living nearby!

Conveniently situated amenities and intriguing sights are an excellent way to experience Balch Springs on a frequent basis. Knowing that there are several services and activities around can ensure that you can always have access to neighboring grocery stores, restaurants, and coffee shops.