2017

5th Circuit Overturns Restraint Enhancement in Hobbs Act Robbery

Restraint Enhancement in Hobbs Act Robbery Cases On May 23, 2017, in United States v. Garcia, the federal Fifth Circuit rejected the imposition of the restraint enhancement in a Hobbs Act robbery. The federal sentencing guidelines provides for a “restraint enhancement” to a sentence when a robbery involves the “forcible restraint of the victim, such as by […]

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Making a Firearm Accessible to a Child 1

Kids and Guns: Making a Firearm Accessible to a Child in Texas [2023]

Whether for hunting, sport shooting or protection, Texans love their guns. In fact, more than 46 percent of people living in the Lone Star State own a gun.  Unfortunately, every year we hear tragic stories about children who get hold of a firearm and shoot themselves or someone else. Not only is this tragic, but

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improper teacher student relationship

Improper Relationship Between Teacher and Student in Texas

What Does the Law Say about Improper Relationship Between Teacher and Student in Texas? An Improper Relationship Between Teacher and Student is a crime under Texas law, regardless of the student’s age. In fact, the law is actually broader than just applying to teachers or educators. Improper Relationship Between Teacher and Student Under Texas Penal

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Intentionally Knowingly Recklessly Negligently Under Texas Criminal Law

Mental States: Intentionally, Knowingly, Negligently, Recklessly

Most criminal offenses in Texas have some sort of mental state requirement. These are sometimes referred to as “culpable mental states” or “mens rea” which is Latin for “guilty mind.” The possible mental states in Texas criminal law are: Intentionally Knowingly Negligently Recklessly No Mental State Required You generally cannot commit a crime purely on

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The Age of Criminal Responsibility in Texas: A Look at House Bill 122

What is the Age of Criminal Responsibility in Texas? In Texas, 17-year-olds can’t vote, serve on a jury, play lotto, or buy beer and cigarettes – but they are considered adults when they get in trouble with the law. Some Texas lawmakers are hoping to change that. House Bill 122, which would raise the age

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Tarrant County SWIFT

Tarrant County SWIFT Program | Tarrant County SWIFT Probation

What is the Tarrant County SWIFT Program? The Tarrant County SWIFT program is a post-plea, intensive probation program that gives high-risk, high-need offenders an opportunity to change  — and immediate sanctions for probation violations. The program is overseen by state District Judge Mollee Westfall and is aimed at motivating noncompliant probationers to follow the rules.

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arrests in texas

Arrests in Texas | When Can Officers Make an Arrest? | Lawful Arrests

You would think defining “arrest” would be a simple task, but nothing could be further from the truth. There are police encounters, which are distinguishable from police stops, detentions, and arrests. Crossing the line from a detention to an arrest is very fact specific. There are two general premises that are not seriously disputed: officers

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