Austin Criminal Attorneys Since 1989

Austin Drug Crimes Lawyer

As a drug lawyer in Austin, I'm deeply aware of the severe consequences that come with controlled substance charges in Travis County and Texas—one of the toughest states on drug penalties. If you find yourself facing any drug-related charges in the Austin–Round Rock–San Marcos, it's crucial to consult with a Austin drug lawyer immediately. These drug charges often range from Possession of Controlled Substances to Delivery/Manufacturing of Controlled Substances, and our seasoned criminal defense team is committed to aggressively defending you to secure a positive outcome.

Understanding Drug Classifications and Offenses in Austin

In Texas, drugs are categorized into distinct classifications, with penalties intensifying for substances considered more dangerous or likely to be abused. This includes hallucinogens like psilocybin mushrooms and LSD, stimulants such as cocaine and Adderall, depressants including Valium and opioids, and narcotics, which mainly comprise opioid drugs for both prescription and recreational use.

Drug offenses encompass possession, manufacturing, or delivery of a controlled substance. Under Texas Penal Code Section 1.07, possession implies having custody and control over an illegal drug. Manufacturing involves the extraction and production of a substance, whereas delivery refers to distributing a controlled substance to another person.

For detailed information, Texas Penal Code §1.07 is a valuable resource.

Navigating Different Drug Penalty Groups in Travis County,

For further details, refer to Texas Health & Safety Code §481.102 – §481.105.

The Severity of Controlled Substance Penalties in Travis County,

• Class A Misdemeanor (Less than 1 Gram): Possession of a small amount of a Group 1 substance could lead to a year in jail and a $4,000 fine.
• State Jail Felony (1-4 Grams): This can result in up to two years in prison and a $10,000 fine.
• Third-Degree Felony (4-200 Grams): Possession of larger amounts may lead to ten years in prison and a $10,000 fine.
• Hybrid Felony (200-400 Grams & Over 400 Grams): These offenses carry severe penalties, including life imprisonment and fines up to $250,000.

Addressing Charges for Other Drug Groups in Travis County,

• Penalty Group 2: Includes substances like ecstasy and certain prescriptions, with penalties ranging up to enhanced first-degree felonies.
• Groups 3 and 4: These cover a wide range of controlled substances, with potential penalties varying significantly based on the quantity possessed.

All drug convictions in Austin result in a driver's license suspension, emphasizing the need for an experiencd drug crimes lawyer in Austin.

Marijuana Charges in Austin

Marijuana possession, even in small amounts, is prosecutable, with penalties escalating with the quantity possessed. This underscores the critical nature of consulting a Austin drug lawyer if faced with such charges in Travis County.

Vaping THC in Austin is a felony offense, regardless of the user's age or the quantity of THC involved

As a Austin criminal defense lawyer, I must emphasize the gravity of THC vaping offenses in Travis County, Texas. The state's legal framework, specifically under the Texas Health and Safety Code 481.103, deems the act of vaping THC a felony offense, irrespective of the individual's age or the quantity involved. THC, when derived from sources other than the marijuana plant, falls under the Penalty Group 2 classification, making possession of any amount a felony charge. The legal consequences for THC-related offenses in Travis County are severe and vary according to the amount possessed:

1. Possession of less than one gram is classified as a state jail felony, with penalties including 6 months to 2 years in a state jail facility and up to a $10,000 fine.
2. For 1 to 4 grams, the offense escalates to a third-degree felony, punishable by 2 to 10 years in prison and up to a $10,000 fine.
3. Holding 4 to 400 grams constitutes a second-degree felony, carrying a sentence of 2 to 20 years in prison and up to a $10,000 fine.
4. Possession of 400 grams or more is a first-degree felony, with the most severe punishment ranging from 5 to 99 years in prison and up to a $50,000 fine.

The ramifications of a THC possession conviction in Travis County are indeed severe. However, for minors under 17 years, the legal system tends towards rehabilitation over harsh punishment, offering alternative sanctions such as drug counseling, juvenile diversion programs, probation, residential treatment, or commitment to the Texas Juvenile Justice Department (TJJD).

If you're facing charges related to THC vaping in Austin, particularly minors, securing representation from an experienced Austin criminal defense lawyer is crucial. Call 512-777-7777 and talk to a Austin criminal lawyer who handles THC vaping charges in Travis County.

Is Edibles in Austin illegal?

As a Austin criminal defense attorney, it's important to be aware of how Texas law approaches the determination of drug weights in cases involving controlled substances in Travis County. Specifically, the law includes the weight of any adulterants or dilutants in the total weight calculation. Consequently, when dealing with cases involving edibles derived from marijuana, the entire weight of the edible product is considered, not just the actual weight of the marijuana buds utilized in its creation. This legal approach can significantly increase the charges one might face, as the possession will be categorized under possession of a substance containing THC rather than simple possession of marijuana. This distinction is crucial for understanding the potential legal ramifications and strategizing an effective defense in Travis County, Texas.

Putting Cannabis into Edibles in Travis County

In Travis County, Texas, incorporating cannabis into edibles, such as brownies, elevates the legal implications significantly. Under Texas law, when marijuana is infused into food items, the entire weight of the edible, not just the cannabis content, is considered in determining the severity of the charge. This approach can drastically increase the potential penalties, as the legal system treats the possession of marijuana-infused products in Travis County with considerable severity.

The charges for possession of cannabis-infused edibles in Travis County are determined based on the total weight of the product, leading to potential felony charges even for relatively small amounts of cannabis when included in a food item. The categorization of these offenses and their corresponding penalties are as follows:

1. Possession of less than one gram can result in a state jail felony, punishable by 6 months to 2 years in a state jail and a fine of up to $10,000.
2. Between one and four grams elevates the offense to a third-degree felony, with potential imprisonment of 2 to 10 years and a fine of up to $10,000.
3. For four to 400 grams, the charge becomes a second-degree felony, carrying a sentence of 2 to 20 years in prison and a fine of up to $10,000.
4. Possessing more than 400 grams of a cannabis-infused product is a first-degree felony, punishable by 5 to 99 years in prison and a fine of up to $50,000.

Given the strict penalties for possession of marijuana-infused edibles in Austin, it's crucial for individuals facing such charges to call 512-777-7777 for a free consultation with an experienced Austin criminal attorney at Dunham & Jones. Our experienced criminal defense team can provide a defense strategy tailored to the specifics of your case.

Is Dabbing Illegal in Travis County?

Yes, dabbing is illegal in Austin and Travis County, Texas. Having any marijuana extract or concentrate that has more than 0.3% THC is against the law and considered a felony in Travis County, Texas.

What is dabbing? Dabbing, means using a very strong form of marijuana, known as "cannabis concentrates," typically with a device like an e-cigarette, vaporizer pen, or a special setup called a dab rig. Dabbing heats the marijuana concentrate quickly until it vaporizes, and then it's inhaled. To do a dab, someone takes a small amount of a sticky substance like hash oil or wax, puts it on a specially heated surface, and then inhales the vapor. This heating surface is often called a nail, and it can be made of materials like ceramic or titanium. A dab rig, dab pen, weed pen, or wax pen is the name for the whole setup used in dabbing.

Why you need a Austin Drug Lawyer

Facing drug charges in Austin is daunting due to the harsh penalties at stake. Our aim is not just to fend off jail time and convictions, but to position you for potentially clearing your record later on. Prompt action is vital in crafting a robust defense strategy and improving the odds of a favorable outcome. Reach out now for a free consultation and let us help navigate the complexities of Texas drug laws together.

Theft Crimes Lawyer in Austin

As a Austin criminal defense lawyer handling theft crimes in Travis County, I want to simplify and clarify what it means to be involved in a theft incident under Texas law in Travis County. Theft is essentially taking property that isn't yours without permission, whether you do it sneakily or by outright taking it. Interestingly, you don't need to keep what you've taken for it to count as theft; merely holding onto it long enough to lessen its value to the owner is enough. Even if you return something only to get a reward, that's still theft in Travis County, Texas.

Theft laws in Texas cover a wide array of actions, from writing a check that bounces to shoplifting and even buying items you know are stolen. The consequences for theft in Austin vary greatly, depending on how valuable the stolen item was, and can range from a small fine to serious prison time. The Travis County Criminal Attorneys Office and the Travis County District Attorneys Office takes theft crimes very serious.

In jurisdictions like Travis County, the District Attorney and County Attorney are dedicated to prosecuting theft crimes. Their dedication underlines the importance of understanding the legal implications of a conviction of theft and the necessity of hiring an experienced criminal defense attorney in Austin to fight your theft charges in Travis County. A theft conviction can seriously disrupt your life, making it hard to find a job among other challenges. This is why it's crucial to have a skilled Austin criminal lawyer by your side. An experienced criminal defense lawyer in Austin can make the biggest difference in the outcome of your theft case in Travis County.

Misdemeanor Theft in Travis County, TX
Please be aware that the Travis County Criminal Attorney's Office actively prosecutes Class B Misdemeanor Theft offenses. They are not inclined to dismiss theft charges and will pursue prosecution. A conviction for a Class B Misdemeanor Theft can lead to significant life-altering consequences, affecting opportunities for new employment, housing applications, and credit approval.

Felony Theft in Travis County, TX
A felony theft conviction in Travis County can indeed have far-reaching effects beyond immediate legal consequences (such as fines, probation, or incarceration). It can severely impact your ability to secure employment, as many employers conduct background checks and may be hesitant to hire someone with a criminal record, especially for theft. Similarly, housing applications often include background checks, and a theft conviction can make it difficult to find housing, as landlords may view an applicant with such a record as a potential risk. Additionally, financial institutions might consider a theft conviction when assessing creditworthiness, potentially affecting credit approval and the terms of credit extended.

Common types of theft in Travis County include shoplifting, writing bad checks, purchasing or receiving stolen goods, and general theft, which is taking anything that isn't yours without permission. There's also theft of services, like dining and dashing or skipping out on a hotel bill.

The penalties for theft are based on the value of what was taken and can be quite severe for higher-value items.

Penalties for Theft in Austin, Texas include:

• For theft under $100: It's considered a Class C misdemeanor, potentially leading to a fine up to $500.
• Between $100 and $750: This is a Class B misdemeanor, with possible jail time up to 180 days and/or up to a $2,000 fine.
• $750 to $2,500: You're looking at a Class A misdemeanor, with up to 1 year in jail and/or a $4,000 fine.
• $2,500 to $30,000: This range escalates to a third-degree felony, potentially resulting in 180 days to 2 years in state jail and/or up to a $10,000 fine.
• Higher amounts escalate further in severity, with the most severe being over $300,000, classified as a first-degree felony, which could mean 5 to 99 years in prison and/or a fine up to $10,000.

Enhancements to penalties can occur for various reasons, such as prior convictions, stealing firearms, or involvement in organized theft.

If convicted of a theft crime in Travis County, you might also face civil penalties, including paying back the victim or even facing lawsuits for damages.

Given the complexity and the potentially severe consequences of theft charges in Austin, it's imperative to get in touch with our law firm immediately. We're here to build a strong defense for you and help you fight your theft charge in , aiming for the best possible outcome.

Have you been charged with Unlawfully Carrying a Weapon in Austin?

As a Austin Criminal Defense Lawyer, I want to explain that Texas, including Austin, strongly supports the right to bear arms. However, there are strict rules about when, where, and how you can carry your weapon. Violating these rules, especially by carrying a gun into places like bars, airports, or schools, can lead to serious consequences including fines, jail time, and possibly losing your firearm license.

If you're facing charges for Unlawfully Carrying a Weapon (UCW) in Travis County, our Award Winning Criminal Defense Team at Dunham & Jones is here to help you. Call us today at 512-777-7777 for a free case review, where we'll discuss your UCW charges in Travis County and explore all your legal options.

Easiest way to get charged with UCW in Austin

One of the most common ways to get charged with Unlawfully Carrying a Weapon in Austin is to get stopped for a DWI or be found with a simple possession of marijuana. While the Austin Police Department or Travis County Sheriffs Department are investigating the DWI stop or the possession of marijuana, any weapon they discover will result in you being charged with UCW even if you have a right to carry the weapon.

Did you know that in 2021, Texas law changed with House Bill 1927, allowing Texans over 21 to carry handguns without a permit, except for those with certain restrictions. Yet, this law doesn't apply to everyone, and there are still rules against carrying weapons in specific situations or if you're involved in criminal activity.

In Travis County, Unlawful Carrying of a Weapon charges can arise for various reasons, such as carrying a handgun under the age of 21, having certain prior convictions, or carrying in prohibited places. The penalties can be severe, ranging from fines to prison time, depending on the specifics of the offense.

A conviction of Unlawful Carrying of a Weapon in Travis County can also impact your life significantly, making it harder to find housing, secure loans, gain employment, maintain professional licenses, or even retain custody of your children. Your right to carry a weapon could be suspended or revoked.

Our experienced criminal defense lawyers at Dunham & Jones have been fighting for the rights of those accused of UCW charges Austin and throughout Texas since 1989. Our #1 Goal is to get your Austin UCW charges DISMISSED or REDUCED, focusing on the details of your case, such as your intent, location during the incident, and any other relevant factors.

For a detailed consultation and to build a strong defense for your UCW case in Austin, call Dunham & Jones today at 512-777-7777. Let's discuss how we can help you with your Unlawfully Carrying a Weapon charges in Travis County.

Austin Sex Crimes Attorneys

Call Austin Sex Crimes Attorneys Dunham & Jones at 512-777-7777 for a free confidential consultation to discuss your sex crimes case in Travis County today.

Have you been wrongly accused or exaggerated allegations of a sex crime, sexual assault, sex abuse, or any sex-related offense in Austin or the Austin–Round Rock–San Marcos? The sex crimes lawyers at Dunham & Jones in Austin have years of experience helping men, women and young people fight against false or exaggerated accusations of a sex crimes in Travis County. We know there's always more to the story and are committed to finding the truth. What makes Dunham & Jones stand out is their #1 Goal is DISMISSAL or REDUCTION in charge. For a free consultation about your case, call 512-777-7777 and talk to a Austin sex crimes lawyer today at Dunham & Jones.

If you're accused of a sex crime in Austin, Travis County, or the Austin–Round Rock–San Marcos it can be really tough. Just being accused can harm your reputation, and if you're found guilty, you might end up with a long jail sentence, have to pay big fines, and even be listed as a sex offender in Travis County.

At Dunham & Jones, we get how hard this situation is. Sometimes, people might think you're guilty just because you've been accused of a sex crime. But our sex crimes lawyers believe everyone is innocent until proven guilty. We're here to fight for you, making sure you're treated with respect no matter the charges.

In Austin, there are several sex crimes you could be accused of, like sexual assault, solicitation, prostitution, voyeurism, public lewdness, indecent exposure and more. These are serious charges, and Travis County takes them very seriously. Penalties for a sex crime can vary a lot, depending on what exactly you're accused of, how the victim is related to you, and their age. Using weapons or drugs can make things worse, and your past criminal history might also affect the outcome.

What are common sex crimes in Austin?

• Indecent Exposure: Indecent exposure typically involves someone revealing themselves for sexual pleasure in a manner that could upset or alarm another person. According to Section 21.08 of the Texas Penal Code, an individual is guilty of indecent exposure if they "display their anus or genitals intending to stimulate or satisfy someone's sexual desires, without considering if someone else might be present who would be offended or disturbed by such an act."
• Public Lewdness: Simply put, public lewdness means doing sexual activities where others can see. According to the law, Penal Code 21.07, it's illegal when someone on purpose does any of these things where people can see them, or even in private if they don't care that someone else might see and get upset or shocked by: Having sex; Having a different kind of sex; or Touching in a sexual way.
• Prostitution: Prostitution is a misdemeanor
• Solicitation of Prostitution: Solicitation is a felony
• Revenge Porn: In today's digital era, with widespread use of smartphones and social media, there's an increasing trend of scorned ex-partners retaliating against their previous partners by uploading sexually explicit images or videos online. This act, widely known as "revenge porn," involves distributing such content on the internet without the approval of the individual shown, typically aiming to shame, harass, or demean them.
• Sexual Assault: including rape, non-consensual sex acts, forcible sex, or sex with a person under age 17
• Aggravated Sexual Assault: including sexual assault involving the use of a weapon, date rape drugs, violence, or serious threat, or when the victim is under 14 years old, elderly, or disabled
• Voyeurism: Spying on someone for the purposes of sexual gratification
• Improper relationship between educators and students
• Invasive Visual Recording: Taking intimate pictures of video of someone without their consent
• Sexual Coercion: Blackmail or extortion involving intimate visual material
• Sexual Performance of a Child: Texas Penal Code § 43.25 considers this an "Offenses Against Public Order and Decency". It's illegal for anyone to "engage in sexual conduct or a sexual performance" with a child, including anyone who participates in the act, as well as any person who films, photographs, or records the act.
• Criminal Solicitation of A Minor: Texas Penal Code § 15.031 mainly focuses on individuals who try to convince minors under the age of 17 to participate in criminal activities. Although this is often associated with indecent sexual behavior, it can also encompass various other illegal activities.
• Child Grooming: In September 2023, the Texas legislature enacted a law against child grooming (Texas Penal Code § 15.032) to safeguard minors from sexual abuse and exploitation proactively. The legislation is designed to deter adults from establishing relationships with minors with the intent of earning their trust, followed by committing sexual abuse or engaging in trafficking.

Consequences of a Sex Crimes in Travis County

Most sex crimes in Austin are considered felonies, which mean you could be looking at 2 years to life in prison and up to $10,000 in fines. Plus, you might have to register as a sex offender in Travis County, which means anyone can find out about your conviction online.

Choosing Dunham & Jones as your sex crimes attorney means we'll listen to your side, look into the charges, and work on a strong defense to protect your future. We want to help you get the best outcome possible.

If you're facing sex crime charges in Austin, Travis County or the Austin–Round Rock–San Marcos, it doesn't mean your life is over. Call Dunham & Jones at 512-777-7777 for a free consultation about your defense options. We have law offices all over Texas, including Austin, ready to help you.

Solicitation of Prostitution in Austin

As a Felony Defense Attorney in Austin, I want to emphasize the seriousness of facing a Solicitation of Prostitution charge in Austin. Since September 2001, following the enactment of Texas House Bill 1540, Solicitation of Prostitution in Travis County has been classified as a felony, not a misdemeanor. This elevates the gravity of the situation for anyone arrested under this charge.

Our law office in is acutely aware of the recent tactics employed by the Austin Police Department and Travis County Sheriff's Department. They have been conducting extensive online prostitution stings across Travis County including Austin, Bee Cave, Pflugerville, Lakeway, Lago Vista and Manor, specifically targeting individuals attempting to engage in sex for payment. These operations often involve undercover officers placing ads online and arresting individuals who respond, even without the actual exchange of money for sexual services.

Given the complexities of these sex cases and the heightened penalties associated with a felony, it's crucial for anyone arrested for Solicitation of Prostitution in Austin to seek legal representation immediately. Our team of experienced Felony Defense Attorneys are prepared to provide the necessary legal guidance and defense strategies in these challenging situations. Don't hesitate to call our Law Office at 512-777-7777 as soon as possible to ensure your rights are protected and to discuss your legal options.

Austin Sexual Assault of a Minor Lawyers

Sexual Assault of a Minor in Austin and Travis County, Texas.

In Austin, Texas, being charged with the sexual assault of a minor is extremely serious. It's not just the risk of going to prison that makes it grave, but also the fact that those found guilty must register as sex offenders, a requirement that follows them for life. This holds true whether the sentence includes jail time, probation, or even deferred adjudication.

Being wrongfully accused of this crime is among the worst situations one can face. Despite the principle of "innocent until proven guilty," just the accusation can lead to arrest, strict bail conditions, and a lengthy battle to clear your name and protect your reputation. The legal system begins with a low threshold for arrest, requiring only a "probable cause." Our aim is always to demonstrate to prosecutors, judges, and jurors that the accusations can't meet the stringent standard of "proof beyond a reasonable doubt," and our track record shows our success in these efforts.

Definition of a Minor for Sexual Offenses in Travis County, Texas

In Travis County, Texas, a "minor" typically refers to anyone under 17 years old for most sexual offenses. However, for certain sex crimes, individuals under 18 are considered minors. The ages of 14 and 6 are also crucial in determining the severity of potential penalties.

Sexual Assault of a Child under 17 is a significant legal charge, often equated with statutory rape, because a person under 17 cannot legally consent to sexual activity in Texas. This crime is a second-degree felony, with punishments ranging from 2 to 20 years in prison and fines up to $10,000. Charges can escalate to Aggravated Sexual Assault under specific circumstances, such as the use of a date rape drug or if the victim is younger than 14.

The Importance of Various Statements in Investigations

Various statements play critical roles in child sexual assault investigations:

• Outcry Witness Statement: The first report made by a child to a trusted adult, which is crucial for corroborating the victim's account.
• Statement to Detective: A formal interview with law enforcement, gathering detailed information and assessing the credibility of the child's allegations.
• Statement to Forensic Interviewer: Conducted by a professional trained in child forensic interviewing, aimed at gathering information without re-traumatizing the child.
• Statement to Sexual Assault Nurse Examiner (SANE): Part of the medical forensic examination, important for assessing the child's medical needs and collecting forensic evidence.

False Accusations Child Sexual Assault in Austin

False accusations can stem from various motives, including manipulation during child custody or divorce proceedings, children lying to avoid punishment, or mistaken identity. These situations require careful defense strategies to protect the accused's rights.

Statutory Rape and Sexual Assault Laws in Travis County, Texas

In Travis County Texas law considers sexual activity with individuals under 17 as statutory rape, emphasizing that minors can't consent. There's no statute of limitations for such cases, meaning charges can be brought up at any time if the law allows.

Potential Outcomes and Defenses for Sexual Assault of a Child Charge in Travis County

The outcomes of a sexual assault of a child charge can vary in Travis County. Legal defenses might include proving an alibi, challenging witness credibility, or arguing insufficient evidence. It's crucial to have an experienced sex crimes attorney who can navigate the complexities of the case, potentially leading to outcomes like dismissal, reduced charges, or acquittal at trial.

If you're facing charges for the sexual assault of a minor in Austin, it's vital to consult with an experienced criminal defense attorney who understands the nuances of criminal law and has experience dealing with sex crimes against children. Our criminal defense attorneys bring decades of experience in criminal defense, including former prosecutors who know how to identify weaknesses in the prosecution's case. We're committed to defending our clients' rights and achieving the best possible outcomes, whether that means fighting for a case dismissal, negotiating lesser charges, or defending you at trial.

How to do an Active Warrant Check in Austin

Dunham & Jones offers a service to check for active warrants in Austin and the Austin–Round Rock–San Marcos. Our Warrant Department can help you handle any warrants on your own terms, preventing unexpected arrests at home or work. If you suspect you might have a warrant in Austin, give us a call at 512-777-7777 for a search. If you're aware of an existing warrant in Austin or Travis County, contact us at 512-777-7777, and we'll assist in resolving it. You can also use our online form to check for warrants in Austin or Travis County, and we'll follow up with the results.

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