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Aggressive Criminal and DWI Defense in Denton County, Texas

The Controversial Chick-fil-A Bill is Signed into Law

Posted on July 25, 2019 by Law Offices of Tim Powers - Aggressive Criminal Defense in Denton, Texas

Senate Bill 1978 has officially been signed into law—and a lot of people are upset. What does this particular bill entail, and why has it angered Texans across the state? Nicknamed the ‘save Chick-fil-A bill’, this new law prevents the government from discriminating against businesses who donate to religious organizations. Chick-fil-A is a fast food franchise that is loved by many, but a certain community of customers is not necessarily satisfied.

The LGBTQ+ community and its supporters have been against the Chick-fil-A bill since the beginning. The original bill was proposed as a result of the San Antonio International Airport’s refusal to open a Chick-fil-A storefront on their property. The San Antonio City Council banned construction of the franchise due to Chick-fil-A’s past affiliation with and donations to anti-LGBTQ organizations.

On July 20, Governor Abbott signed the bill into law and made it illegal for local governments to take “adverse action” against a business due to their religious or moral ideologies and affiliations.

The Governor shared a video to his social media feed of a Chick-fil-A bill-signing celebration. “Today I signed the @ChickfilA law in Texas. And, had a great lunch. No business should be discriminated against simply because its owners donate to a church, the Salvation Army, or other religious organization. Texas protects religious liberty,” Abbott Tweeted.

Many people have shared their distaste for this bill and view it as a blatant attack on the LGBTQ community.

If you are seeking aggressive criminal representation by an experienced criminal defense attorney for your Denton County criminal case or arrest in Denton County, contact the offices of Tim Powers today. There is no charge or obligation for the initial consultation. 940.483.8000 Tim Powers is an attorney licensed to practice law by the Supreme Court of Texas. Nothing in this article is intended to be legal advice. For legal advice about any specific legal question you should directly consult an attorney. Criminal Defense Lawyers with Unparalleled Passion for Success Providing Quality Representation for your Denton, Lewisville, Flower Mound, Carrollton, Corinth, Highland Village Dallas, Plano, McKinney, Denton County, or Collin County criminal case.

Domestic Violence Defined

Posted on July 22, 2019 by Law Offices of Tim Powers - Aggressive Criminal Defense in Denton, Texas

Domestic violence and abuse are problems experienced by many couples and families in the United States. As a matter of fact, approximately 10 million people suffer through domestic abuse situations every year. On average, 20 people per minute are physically abused. These statistics are much too high.

Definition: Domestic violence refers to violent acts committed by a family or household member against another. Child abuse or the mistreatment of one’s spouse are included.

Examples of domestic violence include:

Willful intimidation
Physical assault
Sexual assault
Abusive behavior
Threats
Emotional abuse
Financial abuse
Psychological abuse

Causes: Repeated acts of violence typically display patterns of power and control by one person against another, but the frequencies and severities of each case vary drastically.

Getting Help: There are numerous resources available to victims, but you can start by getting help at the National Domestic Violence Hotline.

Consequences: As with any criminal allegation, domestic violence charges can have long-term, far-reaching consequences that can critically impact your future. In Denton, the consequences of a domestic violence charge or conviction can include court-mandated protective orders, large fines and legal fees, time in prison, and restriction from owning a gun. Protective orders can last between 90 days and 2 years.

Even if your accuser has recanted their claims, a prosecuting attorney can still proceed with your case. It is vital to seek the help of a knowledgeable criminal defense attorney as soon as possible. If you or a loved one are experiencing the emotional and physical assaults of domestic abuse, then you will want an experienced legal entity to represent you in your case. Call the Law Offices of Tim Powers today.

Kevin Spacey’s Sexual Assault Charges Dropped

Posted on July 18, 2019 by Law Offices of Tim Powers - Aggressive Criminal Defense in Denton, Texas

Kevin Spacey, an actor known since the 1980s for various lead roles in a multitude of shows and films, has recently become infamous for something much less flattering: several accounts of sexual assault and predatory actions. However, it seems that as of Wednesday, July 17, charges made against him in a recent case have officially been dropped.

Three years ago, the Academy Award winner was accused of groping an 18-year-old busboy at a bar in Nantucket, Massachusetts. Spacey had allegedly bought him a number of alcoholic beverages to get him drunk. The boy refused to have his identity revealed, but his mother spoke out about the alleged sexual assault on several platforms and media appearances.

The accuser’s cell phone acted as the primary piece of incriminating evidence in this case, as the victim had sent his girlfriend and friends a series of text messages about the incident. However, upon investigation of the evidence as demanded by Spacey’s defense, it appeared likely that multiple key messages had been deleted. The recovered screenshots of conversations were declared incomplete. As a matter of fact, the entire phone went missing, and the accuser and his family stated they are not aware of its whereabouts.

Spacey’s accuser was questioned about his role in deleting messages off the phone. He approached the witness stand to insist that he had not deleted anything. However, after Spacey’s lawyer reminded the accuser that it is a felony under Massachusetts law to alter evidence, the victim invoked his Fifth Amendment right against self-incrimination.

To “plead the Fifth” means to invoke the self-incrimination clause that enables witnesses to decline answering questions where answers may incriminate them. Essentially, the accuser realized that the likely alteration of the evidence contained in his phone would get him into deep legal trouble.

As a result, the judge was prompted to dismiss the case as a result of the “unavailability of the witness”.

An additional sexual harassment accusation forced Spacey’s acting career to come to an abrupt halt. Actor Anthony Rapp expressed that Spacey had made a sexual advance towards him when he was only 14 years old. Although Spacey claimed he did not remember the incident from 1986, he issued a public apology for “what would have been deeply inappropriate drunken behavior”. As a result, Netflix suspended production of “House of Cards”, a show on which Spacey had a primary role, and severed ties with the actor.

Drug Lord El Chapo Sentenced to Life in Prison

Posted on July 17, 2019 by Law Offices of Tim Powers - Aggressive Criminal Defense in Denton, Texas

A drug lord. An escape artist. A murderer. And now, he is finally a convict.

On the morning of Wednesday, July 17, Joaquin “El Chapo” Guzman was sentenced to life in prison plus 30 years. El Chapo was convicted of overseeing the vast criminal operation known as the Sinaloa Cartel. His operations smuggled billions of dollars worth of heroin, methamphetamine, and more illicit drugs into the United States.

Although the name “El Chapo” is derived from his short stature (5’6”), what Guzman lacks in height he makes up for with the size of his notorious drug cartel.

Once named by Forbes as one of the wealthiest men in the world, El Chapo’s fortune is estimated to be valued at 12.6 billion—which he will be ordered to forfeit.

El Chapo is considered to have been the most powerful drug trafficker in the world. His legacy leaves behind many stories of murders, tortures, and sexual abuse to minors. In 2013, Guzman’s Sinaloa cartel claimed one quarter of the drug trade in the United States alone. In fact, El Chapo was so powerful that he managed to escape a high-security prison in Mexico—twice.

The kingpin used his time in court to accuse the United States Judicial System of being corrupt, as he insisted that he had endured torturous mental, physical, and psychological conditions whilst being held in New York City jail.

Guzman has been sentenced to live out the rest of his days in the United States’ supermax ADX Florence prison in Colorado. He will have little to no contact with his wife or daughters (or mistresses, for that matter) and will be living amongst some of the nation’s most notorious criminals.

Is Technology Too Far Ahead of the Law?

Posted on July 16, 2019 by Law Offices of Tim Powers - Aggressive Criminal Defense in Denton, Texas

It wasn’t until about ten years ago that installing security cameras inside of public restrooms and changing rooms was deemed illegal. However, as the seed for video cameras was planted in the year 1880 when the first movie cameras were developed, this anti-surveillance law was put into place very far behind its time.

Technology is constantly progressing and propelling us further into the future–but what happens when we can’t keep up? In several cases, such as the aforementioned example, as well as the popular criminal case of Commonwealth v. Michelle Carter, the law begins to fall behind.

We exist in an era ripe with social media and opportunities to connect with one another. However, this state of constant contact comes with numerous pros and cons. When hiding behind the protection of a computer screen, it is oftentimes too easy to leave a negative comment on a post or send a hateful message via text. Furthermore, messages can be interpreted very differently—especially by judges.

And in the case of Michelle Carter, technology can be used to spur on a suicide.

A popular case in 2014 was that of Michelle Carter and her alleged text messages and numerous phone calls which encouraged her boyfriend—who struggled with depression–to end his life. Carter was 17 at the time, and her significant other was 18. Conrad Roy died alone in his truck as a result of carbon monoxide inhalation. Upon thorough investigation of their thousands of text messages and phone call records, Carter’s electronic words were used against her in court.

This particular case made headlines because of the many implications for criminal cases that are associated with online speech, cyberbullying, and assisted suicide.

In February 2019, the Massachusetts Supreme Judicial Court ruled that Carter acted with criminal intent. She was sentenced to 15 months in prison for involuntary manslaughter.

If text messages can lead to criminal indictments, will we go as far as to interpret knife and gun emojis as legitimate threats (although the infamous gun emoji was discontinued and replaced with a water gun in a somewhat halfhearted attempt to de-escalate text messaging exchanges)? Recent state court decisions have found that in certain cases, sending text messages can be enough to legally create danger. Will laws be created and enforced to ensure that the far-reaching consequences of emails, Tweets, and texts comes to an end?

Social media and instant messaging have become vehicles for violence, and lives have been taken as consequence. New technologies have reshaped what it means to create danger, but the law is trailing far behind.

Misdemeanor vs. Felony Offenses in Texas

Posted on July 11, 2019 by Law Offices of Tim Powers - Aggressive Criminal Defense in Denton, Texas

The Mindset of the Texas Legislature

A, B, C, and 1, 2, 3… these elementary letters and numbers sound basic enough, but what do they mean in terms of criminal law? Let’s talk about misdemeanors and felonies. What is the difference between the two criminal charges, what do the respective punishments entail, and which of them is more serious?

A misdemeanor is a criminal charge that involves less serious offenses than felonies. Although the punishment is far less for a misdemeanor, the lasting impact of a conviction can follow one around for years. If incarceration is part of the disposition, it is in a county facility (i.e. county jail) rather than a prison setting. The majority of misdemeanor case dispositions, if not dismissed, will include community service, fines, and probation, rather than actual time in jail.

Texas has three grades of misdemeanor charges that all carry different degrees of punishments for the defendant (the accused):

Class A: The most serious of all misdemeanor charges. Punishments include up to a year in county jail and a fine of up to $4,000. Examples of a Class A misdemeanor would include Assault/Family Violence, Possession of Marijuana between 2-4 ounces, Driving While Intoxicated (with a prior conviction), and Unlawful Carrying of a Weapon.

Class B: Charges at this level are punishable by up to 180 days in jail and/or a fine of up to $2,000. Examples of a Class B misdemeanor charges are Driving While Intoxicated (first offense), Theft of Property (shoplifting) with a value of $100.00 – $750.00, and Reckless Driving.

Class C: The least serious charge of the three, this misdemeanor typically involves no jail time and has a statutory maximum fine of $500.

It is worth noting that any misdemeanor which is not designated by the legislature as a Class A, B, or C misdemeanor is automatically considered a Class C.

Let’s talk about felonies. These crimes are the most serious and, like misdemeanors, have varying degrees of severity depending on the offense.

Capitol Felony: This offense carries only two potential options for punishment–life in prison or the death penalty. This grade offense is reserved for Capitol Murder–which is the murder of more than one individual, a child, a public servant or murder committed in concert with another felony offense (e.g. sexual assault, kidnapping).

First Degree Felony: If one is found guilty of a First Degree Felony offense (which includes Aggravated Robbery, Murder, Aggravated Kidnapping, Aggravated Sexual Assault), one could be sentenced in the range of a minimum of 5 years and up to a maximum of 99 years or life in the prison (the Texas Department of Criminal Justice institutional division) and an optional fine not to exceed $10,000.00. In many instances, one can receive probation (community supervision) for a first-degree felony offense–especially if they have no prior criminal convictions.

Second Degree Felony: The punishment range for a second-degree felony offense is minimum of 2 years and up to a maximum of 20 years or life in the prison (the Texas Department of Criminal Justice institutional division) and an optional fine not to exceed $10,000.00. Again, in a second-degree felony charge, if the case is not dismissed in or the attorney negotiates a reduction in charge, probation is an option for disposition. Second-degree felony offenses in Texas can include Aggravated Assault, Kidnapping, Intoxication Manslaughter, and many controlled substance charges (dependent on the weight of the substance).

Third Degree Felony: If one is found guilty of a third-degree felony in Texas, the legislature has mandated a punishment range of minimum of 2 years and up to a maximum of 10 years in prison and an optional fine not to exceed $10,000.00. Offenses in this category include Evading Arrest with a Vehicle and some controlled substance cases.

State Jail Felony: The State Jail Felony offense is the most recent creation by the Texas Legislature and added an additional grade of offense to the traditional felony classifications. These contain the least serious and non-violent felony offenses. It is still a felony grade offense, and if one is convicted, that “convicted felon” stigma is carried with them forever. The punishment range for this offense is a minimum of 180 days and up to a maximum of 2 years in the State Jail Division of the Texas Department of Criminal Justice, as well as an optional fine not to exceed $10,000.00. The State Jail Division is less punitive in nature and more rehabilitative.

Any arrest should be dealt with seriously, for the effects can be long-lasting. As soon as one is arrested, it is paramount that person selects the most competent attorney to aggressively set out their defense.

If you are seeking aggressive criminal representation by an experienced criminal defense attorney for your Denton County criminal case or arrest in Denton County, contact the offices of Tim Powers today. There is no charge or obligation for the initial consultation. 940.483.8000 Tim Powers is an attorney licensed to practice law by the Supreme Court of Texas. Nothing in this article is intended to be legal advice. For legal advice about any specific legal question you should directly consult an attorney. Criminal Defense Lawyers with Unparalleled Passion for Success Providing Quality Representation for your Denton, Lewisville, Flower Mound, Carrollton, Corinth, Highland Village, Dallas, Plano, McKinney, Denton County, or Collin County criminal case.

A Not-So-Sweet Viral Sensation

Posted on July 9, 2019 by Law Offices of Tim Powers - Aggressive Criminal Defense in Denton, Texas

A recent video was posted to the social networking website Twitter, and its disturbing contents are making headlines across the country. The short video featured a teenage girl who reportedly walked up to a grocery store freezer, picked out a tub of Blue Bell Tin Roof-flavored ice cream, licked the contents, and proceeded to place it back on the shelf.

The video clip went viral in a matter of days, and copycat content has begun to surface and circulate wildly across the web. This so-called “trend” is a disgusting public health nightmare. These videos are not being treated jokingly or lightly; a recent arrest was made in Louisiana against an adult male for his ice cream-licking video—despite claims that he had actually already purchased the tub of frozen dessert.

The original incident took place in a San Antonio, Texas grocery store and was described by Blue Bell as a “malicious act of food tampering”. The company has since then removed all half-gallons of the Tin Roof flavor from the Walmart involved.

Saliva poses serious health risks. In the state of Texas, tampering with food can be charged as a second-degree felony with a punishment range of up to 20 years in prison. Think before you choose to compromise the health of others!

DWI Changes That You Need to Know

Posted on July 8, 2019 by Law Offices of Tim Powers - Aggressive Criminal Defense in Denton, Texas

Deferred Adjudications will be possible on some DWI (driving while intoxicated/impaired) offenses starting September 1, 2019.

The Texas Legislature has changed the law with mixed benefits to those arrested and charged with a first DWI offense and no prior criminal history.

The new changes to the DWI statutes include a provision that provides a person who is arrested for his or her first DWI offenses could qualify for deferred adjudication if their blood alcohol level is less than .15. That means if the person stays out of trouble for the mandated period of time, then the DWI offense may not go on his or her record.

However, the people who qualify for deferred adjudication for DWI charges will be required to put ignition interlock devices on their vehicles. If a person has a blood-alcohol level above a certain amount, the device will prevent the vehicle from starting.

Even if granted a deferred adjudication, under the new law, if a person is arrested on a second DWI charge, his or first DWI charge will be “resurrected” even if the person qualified for deferred adjudication. At that point, the second DWI could be charged with a Class A misdemeanor.

Local Sting Operation Ends in Criminal Indictments

Posted on July 2, 2019 by Law Offices of Tim Powers - Aggressive Criminal Defense in Denton, Texas

A recent sting operation led to a string of criminal indictments. Between January 23-24, 2019, thirteen suspects in Denton County were arrested on charges of online solicitation of a minor. Since those arrests took place, 11 of the 13 suspects have been officially indicted of up to at least one charge.

A sting operation is a deceptive operation which is designed to catch someone who is committing a crime. This particular operation was part of a larger Joint Online Solicitation Operation which also previously arrested ten people in July 2018.

Police went undercover via dating websites and applications to pose as minors under the age of seventeen. After engaging in an Internet conversation, the unsuspecting men agreed to meet with the fictitious minor at a location to engage in sexual acts. Upon arrival at the agreed upon address, the suspects were surprised to be surrounded by law enforcement personnel. Various local, state, and federal agencies aided in the January arrests. Several police departments as well as the FBI, Homeland Security Investigations, and US Immigration and Customs Enforcement were present.

All suspects allegedly attempted to meet with a minor to engage in sexual activities. And yes, they had all been made aware that their victims were younger than seventeen.

Impaired Driving: More Than Alcohol

Posted on July 1, 2019 by Law Offices of Tim Powers - Aggressive Criminal Defense in Denton, Texas

To safely drive from one location to another, we require concentration, the ability to make good judgements, and the ability to react to situations quickly. Alcohol, controlled substances, and more can affect these skills. After the introduction of a foreign substance to one’s body, normal bodily functions become impaired. This drift from conscious control is more than enough to risk putting both yourself and others in danger.

‘Intoxication’ is an umbrella term which encompasses any of the following:

Alcohol
Prescription drugs
Controlled substances

Any substance—legal or illegal—that raises your Blood Alcohol Content (BAC) levels will impair the neuromotor senses needed to successfully operate a vehicle.

Did you know? Impaired driving is responsible for nearly 50% of all vehicle crashes. That is quite a scary statistic!

If an outside substance has entered your body that begins to impair your routine bodily functions, then reconsider getting behind the wheel. One bad decision can lead to arrest, high fines, jailtime, and a dark mark on your permanent record. As a driver, you must be responsible for knowing to drive with a clear state of mind. Don’t be a danger to hundreds of innocent people on the roadways.