Law Offices of Tim Powers 940.483.8000 timpowers.uk

Aggressive Criminal and DWI Defense in Denton County, Texas

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.

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.

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.

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!

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.

Porch Pirates Are Going To Jail

Posted on June 26, 2019 by Law Offices of Tim Powers - Aggressive Criminal Defense in Denton, Texas

Package thieves and porch pirates beware: while already considered a felony for abducting US mail packages, FEDex and UPS are now fair game.

House Bill 37, one of the many bills made law by Governor Abbott in the recently concluded 86^th Legislative Session, will criminalize mail theft. Stealing any sealed item deemed “mail” (a letter, bag, package, or any article delivered by a mail carrier) will be a felony starting September 1^st. Penalties will range from a class-A misdemeanor to a third-degree felony, so punishments will be dealt accordingly. Thieves can land themselves in prison for six months or ten years, and fines will fluctuate between $4,000 to $10,000. Everything will depend on the amount of addresses stolen from. And don’t even think about taking from the elderly or disabled—punishments and penalties will be increased even further.

Unfortunately, this porch-picking practice is far too common. Amazon is reportedly a proponent of this new Texas law and is encouraging other states to follow suit.

Here’s to hoping that thieves will now think twice before nabbing their neighbor’s Amazon Prime order!

DWI Surcharges and the Texas Legislature

Posted on June 24, 2019 by Law Offices of Tim Powers - Aggressive Criminal Defense in Denton, Texas

Governor Abbott repealed the much-hated Driver Responsibility Program Surcharges this legislative session and repealed Texas Transportation Code Section 708. This section provided for the collection of surcharges for license points, convictions for driving while license invalid, no insurance tickets etc. Further on September 1, 2019 the law requires the Department of Public Safety to reinstate licenses (with the appropriate fee paid of course) if the driver license was suspended ONLY for non-payment of Section 708 surcharges.

The repeal did NOT eliminate DWI surcharges and kept them as part of the law. The new Texas Transportation Code Section 709 reads (in relevant part) as follows:

Sec.709.001. TRAFFIC FINE FOR CONVICTION OF CERTAIN INTOXICATED DRIVER OFFENSES.

(a) In this section, “offense relating to the operating of a motor vehicle while intoxicated” has the meaning assigned by Section 49.09, Penal Code.

(b) … in addition to the fine prescribed for the specific offense, a person who has been finally convicted of an offense relating to the operating of a motor vehicle while intoxicated shall pay a fine of:

(1) $3,000 for the first conviction within a 36-month period;

(2) $4,500 for a second or subsequent conviction within a 36-month period; and

(3) $6,000 for a first or subsequent conviction if it is shown on the trial of the offense that an analysis of a specimen of the person’s blood, breath, or urine showed an alcohol concentration level of 0.15 or more at the time the analysis was performed.

The only real change to the DWI surcharges in Texas was that the prior law increased the higher surcharge for a BAC of .16 or above, and the Penal Code enhanced the offense to a Class A Misdemeanor with a BAC of .15 or above. The differences were confusing and didn’t make sense.

The bottom line is, if you have surcharges for anything but a DWI, the state will not be able to collect those after September 1, 2019.

If you have surcharges for a DWI conviction, they are still valid and will be collected by the state. Failure to pay the DWI surcharges will result in a suspension of all driving privileges in Texas until such time as they are paid, or a payment plan is entered with the Texas DPS.

For those that wish to review the version of the bill that was signed by the Governor, here is a link to the text: https://legiscan.com/TX/text/HB2048/id/2027484

Red Light Cameras Finally Leaving Denton For Good

Posted on June 21, 2019 by Law Offices of Tim Powers - Aggressive Criminal Defense in Denton, Texas

Have you fallen victim to the preying red-light cameras spread across town? Maybe you are one of the poor, unfortunate souls who was wronged by those pesky yellow lights that turned red in a mere matter of seconds. Or maybe you’ve been caught by the cameras that snap a picture on a yellow light as you race across the white line. No matter the reason, you were wronged; before you could blink, the light switched from ‘go’ to ‘slow’ to ‘you’re getting a fat $75 citation via snail mail in a few days’.

Well, then we’ve got some good news for you: these cameras are no more. Texas Governor Greg Abbott signed House Bill 1631 on June 3, which prevents cities from renewing contracts with red-light camera vendors. Texas is not the first state to put this law into place; Maine, Mississippi, Montana, New Hampshire, South Carolina, South Dakota, and West Virginia have already eradicated the red-light cameras.

Immediately after this bill became law, the city council of Denton got to work. Councilmembers voted unanimously to terminate the contract in place with Redflex Traffic System. Since then, some cameras and signs have already been taken down across the city.

While the point of the red-light cameras was to protect and save lives, they primarily ended up as a faulty instrument that made people angry. Why should one be charged a hefty fee when they never actually ran a red light? However, use of these cameras has been proven to reduce the total amount of fatal car crashes that are a consequence of running red lights. With that, I must caution you to simply use your brain! Green means ‘go’, and red means ‘stop’. Don’t put anyone else’s life on the line just because there is no longer a camera to catch your reckless driving.

“Shouldn’t Have To Do It, First Amendment Guarantees It.”

Posted on June 20, 2019 by Law Offices of Tim Powers - Aggressive Criminal Defense in Denton, Texas

“I’m about to sign a law that protects free speech on college campuses. Shouldn’t have to do it, First Amendment guarantees it. Now, it’s law in Texas,” stated Texas Governor Greg Abbott in a video that he recently posted to his Twitter feed.

On the evening of June 9, 2019, Texas Governor Greg Abbott signed a bill that guaranteed and enforced the First Amendment rights of students on public college and university campuses. “Some colleges are banning free speech on college campuses,” Abbott explained.

This bill intends to eliminate “free speech zones”, or areas that have been designated for political expression. These spaces are often out-of-the-way and have certain requirements and restrictions that must be followed to use them. The outdoor areas of college campuses are now to be designated as traditional public forums.

But let’s ponder this. Isn’t every American already guaranteed their rights–especially those concerning the First Amendment?

Just in case you needed a refresher, the First Amendment included in the Bill of Rights of the United States Constitution is as follows:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

In simple terms, this amendment protects and enforces freedom of speech, freedom of religion, freedom of the press, and freedom to petition.

Yet there exists select corners of college campuses that are designated for the rights we were already guaranteed as Americans. Are students not able to publicly express their thoughts and opinions anywhere else on campus? Suppressing one’s power to speak their mind by confining them to a free speech zone sounds restricting and controlling at best. Of course, these “free speech zones” are soon to be a thing of the past–in Texas, at least. Texas public institutions have until August 1, 2020 to institute the changes that come with this new bill, and hopefully other states follow suit.

Governor Abbott Signs Bill, Increases Legal Age to Purchase Tobacco Products

Posted on June 10, 2019 by Law Offices of Tim Powers - Aggressive Criminal Defense in Denton, Texas

Tobacco is a plant whose leaves are dried and fermented for their use in tobacco products. This plant contains nicotine, a highly addictive substance which creates a dependency on tobacco products such as cigarettes, cigars, snuff, and more. In many states, one was required by law to be 18 or older to purchase any of the above–until now.

There is an increasing national push to raise the legal age of purchasing tobacco products. We are seeing a multitude of states raise the age from 18 to 21–an act which will, according to experts, significantly reduce the risk of nicotine addiction. Texas is now the fifteenth state to sign this law into effect, henceforth banning all cigarette, e-cigarette, and tobacco products from being purchased by anyone below the age of 21. This bill goes into effect on September 1, where anyone caught breaking the law will be fined up to $500 while facing a Class-C misdemeanor. As nicotine is actually more addictive than alcohol, the age increase makes sense.

Some more good news? Overall cigarette use has declined significantly among both the youth and adult populations of America. The bad news is that they have simply been replaced by e-cigarettes and JUULs.

This legislation comes at a time when the usage of e-cigarettes & vape products has skyrocketed across the country–an estimated 4.8 million teens used such products in 2018. While these devices are not strictly filled with tobacco, they do in fact contain nicotine–an ingredient which can lead very quickly and easily to addiction. Nicotine is among the top five most addictive substances in the world, coming in right after cocaine and heroin.

Why would so many teenagers and young adults opt to fall into the trap of nicotine addiciton? Well, JUUL products are arguably marketed towards children; from the fun-flavored “pods” that come in flavors like berry, mint, and mango, to their sleek and portable look which bears resemblance to a harmless USB drive, there are a myriad of qualities which appeal to younger crowds. Not to mention that vaping is now deemed a “trendy” and “cool” activity to partake in–just as smoking cigarettes was in the 1960s. Talk about peer pressure!

Will “hitting the JUUL” become a nationwide epidemic? Or has it reached that point already? Here’s to hoping that this 21+ ban on tobacco products will initiate some changes–here in Texas and around the United States.

Popular Keychains Could Land You in Jail

Posted on July 17, 2018 by Law Offices of Tim Powers - Aggressive Criminal Defense in Denton, Texas

The Law Offices of Tim Powers – the Best Criminal Defense Attorneys in Denton County

Self-defense key chains are illegal in Texas and can cost you

Tim Powers, Law Offices of Tim Powers

At first glance, it looks like a harmless cat or dog key chain.
But as it turns out, it can be used as a deadly self-defense weapon.

“It’s a little bit ridiculous these are clearly meant for self-defense,” said Layne Berkley.

In fact, in Texas they are classified much the same as knuckle dusters or brass knuckles.

Sheriff’s Department Captain Craig Smith said the weapon is growing in popularity especially among women who are trying to protect themselves. He said most consumers are purchasing it because of the look.

“They’re buying it to take care of themselves in the event that they are attacked. It just blends into the key chain when you take a look closer it’s a novelty item it looks like a cat. I saw some are cats some are dogs and even a pig,” said Smith.

Smith said looks can be misleading.

“They’re pretty sharp it’s a hard plastic I saw some that are actually made out of metal and it’s not going to bend it’s not going to give. It’s going to just penetrate the skin the eyes or where ever else. Once you got it in your hands now there’s a lot of force behind it that can inflict injury,” said Smith.

Under Section 46.05 of the Texas Penal Code it outlines weapons that are prohibited to possess in Texas.
If your caught in possession of a self-defense kitty or dog key chain here in the state of Texas a person can be looking at a class A misdemeanor up to 1 year in jail or a $4,000 fine or both.

Many are puzzled by the law.

“I think it’s a little absurd that you can be fine with concealed and carry even on school campuses but this little metal key fob can get you in big trouble,” said Berkley.

Capt. Smith said they’re easy to find online on various websites and are inexpensive to purchase. He said most consumers don’t even know it’s illegal.

Smith said he’s seen a growing number of confiscated self-defense kitty and dog key chains at the County Courthouse. He said just because it’s sold online doesn’t make it legal.

“Just because something is available on the internet doesn’t mean it automatically is legal. The internet is a broad place and something that is legal in another state may not be legal here,” said Smith.

Local self-defense instructor and Grand Master Abel Guardino, said he’s also seen a growing number of self-defense kitty key chains.and said these items can do more harm than good.

“There’s nothing better than getting yourself educated. If you find yourself in a situation they can do you more harm if you don’t know how to use it. I’ve had female students that have items like this and the perpetrator takes it away from them and uses it against them,” said Guardino.