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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.

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.

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.

Review of the 86th Legislative Session

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

The 86^th Legislative Session kicked off the new year when it convened for its biennial session on January 8. Their discussions and debates lasted until May 27, and although thousands of bills were filed (10,877 bills, to be exact), not all of them made the cut. Governor Abbott’s last day to sign or veto bills was June 16. The House and Senate passed 4,581 bills; the Governor signed 1,323 of them but vetoed 58.

If you were not familiar with the process, here is a summary of how everything goes down:

Bills were proposed by the House and Senate. Each bill must have been approved by both chambers. Differences were reconciled by a conference committee.
The bills were then sent to the Texas Governor, Greg Abbott. The governor has the power to sign or veto a bill.
However, if Governor Abbott did not sign nor veto, then the law automatically went into effect.
Some measures failed before they got out of the Legislature.

Most new laws will take effect on September 1. Below is a list of some of a few important bills that were both signed and vetoed this legislative session.

SIGNED

HB 1: $250 billion two-year budget
SB 2: Property tax reform
HB 3: School finance reform
SB 7: Creating a state flood infrastructure fund
SB 11: School safety
SB 12: Teacher pensions fix
HB 16: “Born alive” act
SB 21: Raising the legal age to buy tobacco products from 18 to 21
SB 22: Defunding abortion providers
HB 1545: Rules governing alcohol sales
HB 1631: Banning red-light traffic cameras
SB 1978: Religious freedom aka the “save chickfila bill)
HB 2048: Repealing the Driver Responsibility Program
HB 3809: Extending statute of limitations for sex abuse lawsuits

Abbott vetoed dozens of bills which he described as “good bills gone bad”.

VETOED OR FAILED

HJR 3: Sales tax increase
SB 9: Elections
SB 13: Lobbying Ban
HB 63: Lessen marijuana penalties
HJR 117: Daylight saving time
SB 549: Scooter regulation
SB 1033: Ban on certain abortions
HB 1139: Intellectual disability and the death penalty
SB 1663: Confederate monuments
HB 2020: Bail reform
SB 2373: Social media

For those who wish to review the passed and failed legislation for themselves, the above information is available here: https://capitol.texas.gov/BillLookup/BillNumber.aspx

Governor Abbott Makes Lemonade Stands Legal in Texas

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

When life gives you lemons, you should legally be allowed to make lemonade. Well, this can finally be a reality in Texas—although it’s somewhat concerning that it wasn’t already.

On June 10, Governor Greg Abbott signed the comical “lemonade stand law” into existence. This bill will protect our neighborhood lemonade stands from the watchful eyes of police and code enforcement officers.

The lemonade stand law was pushed forward as a result of an incident that occurred in 2015. Two children set up a homemade lemonade stand in Overton, Texas, to raise money for a Father’s Day gift. However, as a result of over-criminalization, this seemingly harmless lemonade stand was shut down by officers. The reason? The kids were not in possession of a $150 peddler’s permit!

Governor Abbott deemed this a “common sense” law in a quirky video posted to his Twitter feed.

Although this bill will not go into effect until September 1, we will say cheers to HB 234!