Criminal Defense

Monday, November 18, 2019

Man Convicted of Killing Woman During 2010 Burglary Executed

In the State of Texas, burglary is the unlawful entering or remaining in a public or private structure with the intent to commit a felony, theft, or assault inside. To be convicted of burglary, it must be proved beyond a reasonable doubt that there was not only an unlawful entry, but that the defendant also had the intent to commit a felony, theft, or assault once inside the structure.

While some states have a separate criminal charge for burglaries that occur at a home or residence, also referred to as a “burglary of a habitation” or “home invasion,” Texas includes this in a more generalized “burglary” charge. It is classified as a second-degree felony unless the perpetrator of the burglary entered the home with the intention to commit a felony other than felony theft. In this case, the crime would be considered to be a first-degree felony.
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Thursday, September 19, 2019

White Collar Crime

White collar crimes are considered to be sophisticated in nature. They are nonviolent, financial crimes. The phrase “white collar crime” developed around 1939, according to the FBI. It arose because these crimes are usually the kind of crimes that would be committed by a business professional on the job. The category has grown to include other kinds of Read more . . .

Thursday, June 27, 2019

Felony Charges

Put simply, a felony is a serious crime. Defined by its punishment, a defendant charged with a felony faces state prison or jail time. This is in contract to misdemeanor crimes which are punishable by up to one year in local or county jail. For a felony, the jail term could be anywhere from 6 months to life. If you are up against felony charges, you are looking at jail time.
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Wednesday, May 29, 2019

Bail Reform Legislation

Texas pretrial jailing practices have recently come under fire. There have been a string of critical federal court rulings. Additionally, there have been multiple jail deaths and the murder of a state trooper drawing attention to Texas bail and pretrial jailing practices. Two of the most largely populated counties in Texas have bail practices that have been deemed unconstitutional by federal judges. The federal court rulings held that the bail practices were discriminatory against poor criminal defendants who did not have the means to pay for their release from jail.
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Thursday, April 25, 2019

“Ban the Box” Ordinance

In March of 2016, Austin’s City Council passed the Fair Chance Hiring Ordinance. This ordinance is referred to as the “Ban the Box” Ordinance because it removes the check box that asks if a job applicant has a criminal record. It prohibits most employers from asking questions about an applicant’s criminal history until after a conditional offer of employment is made. The ordinance applied to private employers with 15 or more employees. Once a conditional employment offer is made, an employer may ask about criminal history.
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Monday, November 12, 2018

Motions to Suppress Evidence in Texas Criminal Cases

What are the grounds for suppression of evidence in a criminal case in Texas?

Many criminal cases in Texas will involve evidence that has been seized from you either before, during, or after your arrest.  A motion to suppress evidence is one of the best tools a criminal defense attorney can use to defend against the charges you face.  Evidence that has been seized against you illegally must be excluded by the court, which could at times result in dismissal of the criminal charges.  However, winning a motion to suppress evidence will require meeting a heavy burden of proof.  Our West Texas criminal law attorneys discuss the basics of suppression motions in Texas and grounds for suppression below.

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Monday, October 8, 2018

The True Consequences of a Felony Conviction

How long with a felony stay on my record?

Being convicted of any felony offense can have tremendous consequences.  While the first concern on the mind of most defendants is the potential for prison time, a felony conviction will continue to impact your life long after you have served your time in jail.  Convicted felons will lose their basic right to vote, right to own or use a firearm, and right to serve on a jury.  In addition, a felony conviction will appear on your employment record and could severely impact your ability to obtain and keep your career.  These are just a few of the many potential negative consequences that may accompany a felony conviction.  Our Midland, Texas criminal defense lawyers discuss the consequences of a felony conviction below and the tremendous importance of defending against any felony charge.

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Navarrete & Schwartz, P.C. is located in Midland, Texas and serves the surrounding cities and counties, including: Odessa in Ector County, Andrews County, Martin County, Howard County, Winkler County and Crane County.

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