According to the latest FBI statistics, well over 10,000,000 Americans are arrested each year.

Facing criminal charges for a felony offense can be a daunting experience, especially in cases as sensitive and serious as solicitation of a minor. In Montgomery County, Texas, the stakes are high, and the legal system can be overwhelming.

However, hiring a proficient criminal defense lawyer can make a significant difference in the trajectory of your case. In this guide, we’ll explain how to defend your freedom and get the best outcome possible.

Read on to learn more.

Understanding the Gravity of Solicitation Charges

Solicitation of a minor is a serious matter. It’s a felony offense that carries severe legal and social consequences. Understanding the gravity of the situation is the first step in building a robust defense strategy.

The accusation alone can impact your reputation, career, and personal relationships. In legal terms, these charges can lead to hefty fines, long-term imprisonment, and the requirement to register as a sex offender.

Long-Term Impacts

The emotional and psychological impact on both the accused and their family can be profound and enduring. The legal process involved in these cases is often complex and can be a lengthy ordeal.

Furthermore, the social stigma attached to such accusations can lead to isolation and significant challenges in rehabilitating one’s public image and personal life, regardless of the outcome of the case.

Police Sting Tactics Explained

In today’s digital age, the police use outdated solicitation laws to catch unsuspecting internet users in solicitation stings. While effective, the practice raises serious ethical concerns.

By creating “underage” decoy accounts on adult platforms like OnlyFans, officers aim to identify and apprehend individuals engaging in illegal activities.

However, using a platform known for adult entertainment blurs the lines between legal and illicit online behavior. The ethical implications of such undercover operations, especially in an adult space, cannot be ignored.

The ultimate goal of law enforcement is to ensure public safety, but this should not come at the cost of compromising individual rights. Current strategies may entrap individuals who would not otherwise engage in criminal activities, leaving a devastating and unnecessary impact on the target’s life.

Here are a few ways to stay safe and avoid getting involved with online solicitation:

Platform Policies

OnlyFans has clear guidelines and age verification processes in place. This exists to prevent underage usage. Familiarizing yourself with these policies helps you stay safe while using such services.

Personal Responsibility

Be cautious about the profiles you interact with. Taking the time to check profile information and content can provide clues about a user’s age, helping to avoid interactions with minors.

Community Reporting

Community reporting is a powerful tool in maintaining a safe environment on OnlyFans. If you encounter any profiles or content that violate platform policies, reporting them is not only your right but your responsibility.

How a Defense Attorney Can Help

A local, seasoned criminal defense attorney brings a wealth of knowledge and experience to your case. They can navigate the intricacies of the legal system, ensuring that your rights are protected throughout the process. Their expertise in handling similar criminal charges in Montgomery County is invaluable.

Tailoring Your Case

Every solicitation of a minor case is unique, and a skilled lawyer understands the importance of a personalized approach. They will examine all the evidence and work tirelessly to build a strong defense.

Your defense lawyer will stand for your justice. Their favored strategy will vary based on the specifics of your case. Building a case may involve:

1. Negotiating Plea Deals

This involves the defense lawyer negotiating with the prosecutor to reach a plea agreement. This is often a good route in cases with strong evidence against the defendant.

The defendant may plead guilty to a lesser charge, resulting in a more lenient sentence. The goal is to minimize legal consequences while accepting some responsibility.

2. Preparing for Trial

If a case goes to trial, the defense lawyer’s preparation is key. This includes:

• Gathering evidence
• Interviewing witnesses
• Formulating a defense strategy

The aim is to cast doubt on the prosecution’s evidence, ensuring it doesn’t meet the ‘beyond a reasonable doubt’ standard.

Strategies might include challenging witness credibility, presenting alternate evidence interpretations, or pointing out procedural errors in law enforcement’s handling of the case.

3. Getting Charges Reduced or Dismissed

In this approach, the defense attorney meticulously reviews the case details and evidence collection methods. The focus is on finding legal grounds for charge reduction or dismissal. These could include:

• Evidence obtained unlawfully
• Violation of the defendant’s rights
• Flawed police investigations
• Prosecution inconsistencies

Success in this approach can lead to lighter penalties. In the best-case scenario, it could mean a full-case dismissal.

Further Coping Strategies

As your case unfolds, it’s important to maintain your composure. While these types of accusations can be devastating, these coping strategies can help you focus on the future:

Maintain a Low Profile

In today’s digital age, information spreads rapidly. It is advisable to maintain a low profile on social media and in public interactions. This approach helps in managing the narrative and safeguarding your reputation during the ongoing legal process.

Seek Emotional Support

The emotional toll of such an accusation can be overwhelming. Seeking support from mental health professionals, like therapists or counselors, is crucial. They offer coping strategies to deal with stress, anxiety, and other emotional challenges stemming from the situation.

Build a Support System

Surround yourself with a strong support system composed of family, friends, and colleagues who understand your situation. Their emotional support can be invaluable in helping you stay resilient during this challenging time.

Solicitation of a Minor: Now What?

Facing solicitation of a minor charges in Montgomery County is a complex and serious matter. However, hiring a seasoned criminal defense attorney can significantly alter the course of your case.

At Non-Stop Justice, leading attorney Andrea Kolski brings over 11 years of defense experience to the stand. Her commitment to justice ensures that you receive the best possible defense and support through this challenging time.

If you’re facing such charges, don’t hesitate to reach out. Contact us at Non-Stop Justice for guidance, support, and a defense strategy tailored to your unique situation.

Drug laws in Texas are already among the most severe in the US. If caught with illegal drugs of any kind in Texas, you could easily be looking at a lengthy legal proceeding and long incarceration. However, not all drug offenses are equal and the penalties can vary greatly. With the help of an experienced drug crime attorney, it’s possible to reduce your sentence, get a full dismissal, or even keep you out of prison.

Understanding the most common drug charges is an important first step in any defense. Here are some of the most common drug charges you may encounter.

Drug Possession

Drug possession is one of the most basic charges you could be charged with and potentially convicted of. Even if you’re simply holding the item for a friend, you could be charged with possession and even intent to sell.

It’s important to understand how you might get charged and how your attorney can help.

To face charges, a person must be deemed guilty of knowledgeable possession. The prosecutor must prove that they knew about the drugs and willingly carried them with consent or knowledge. Otherwise, they can’t be deemed guilty.

The court may also charge you with possession if drugs are found on your property, such as your vehicle or your home. You could also be charged for joint possession if a friend brings a controlled substance onto your property.

A drug possession attorney can instruct you on how to challenge a drug arrest without making things worse for yourself. Not all drug arrests are airtight, so there could be a lack of evidence that supports your innocence.

Drug Distribution

Drug distribution refers to the intent to sell or transport a controlled substance to others. In this case, you not only possess drugs but also intend to distribute them to buyers.

As with possession, the fines and potential jail time will vary depending on what substance you intend to sell. Heavily controlled narcotics may result in life imprisonment and fines reaching the hundreds of thousands.

The goal of your lawyer in this case may be one of two options.

They might try to prove that you are innocent of intentional drug possession. Alternatively, your lawyer could make the case that you never intended to sell whatever drugs you possessed.

The problem with the second option is the quantity of your drugs. Anything over a certain amount suggests an intention to sell.

Drug Manufacturing

Intent to manufacture includes both the production and processing of controlled substances. Something naturally grown, like marijuana, is exempt from this category. However, anything synthetic can result in a drug manufacturing charge.

In 2023, Texas enacted some harsher penalties for anyone manufacturing and distributing fentanyl. One of the new bills classifies fentanyl overdoses as “poisonings”, allowing for murder charges for anyone who created or sold the substance.

As such, getting charged for manufacturing fentanyl puts your attorney in the position of proving their client innocent of murder. You must find an experienced attorney who can challenge the evidence. They may be able to get the charge lowered to simple possession, depending on the case.

Drug Trafficking

Drug trafficking involves a combination of manufacturing, cultivating, distributing, and the eventual sale of illegal substances. Larger operations are often referred to as trafficking, with the individuals involved considered traffickers.

This is one of the most severe drug crimes you can be charged with. In certain states, trafficking a large amount of heroin will result in a minimum lifetime prison sentence.

The top five districts for drug trafficking offenders in 2022 included the Southern District of Texas at 975. The Southern District of California was the only one with more offenders at 1,755.

Drug Dealing

When selling drugs in smaller quantities, you may get charged with a less severe punishment than trafficking. This is most common with small-time dealers who are often supplied by manufacturers.

Once again, the punishment will depend on what group the sold substance belongs to. Selling something like marijuana in small quantities is only considered a misdemeanor. However, selling even the smallest amount of fentanyl in Texas may result in much more serious charges.

Penalty Groups

Texas is one of the toughest states on drug crimes and convictions. It has some of the highest conviction and incarceration rates in the United States. Part of that is due to its proximity to the southern border as well as how many states it borders.

There are nine drug penalty groups that Texas uses to determine the punishment for possession, dealing, and so forth. They are categorized according to their addictive nature and medical purpose, and are as follows:

• PG1
• PG1-A
• PG1-B
• PG-2
• PG-2A
• PG-3
• PG-4
• Dangerous drugs
• Marijuana

The first penalty group and its subcategories all consist of opioids with a high potential for abuse. Fentanyl gets its classification, PG1-B, due to its potency and high risk of abuse.

Across the United States, the Drug Enforcement Administration (DEA) also breaks down drugs according to schedule.

Schedule I drugs have no FDA-approved medicinal value. These include heroin, ecstasy, and LSD.

Schedule II drugs are highly addictive but may have some medical use, such as methadone and oxycodone. Fentanyl can also be found in this category.

The other three schedules cover drugs with lower abuse or addictive potential. They also usually have higher medicinal value. As such, you can also expect a much less severe charge when compared to some of the other more dangerous drugs.

Avoid a Criminal Record

Since Texas is one of the toughest states on drug crimes, the court system is constantly overwhelmed with new cases. Resources are stretched thin, which means that defendants rarely get an adequate defense. There are only so many court-appointed lawyers, after all.

If you need a drug crimes attorney, look no further than the office of Andrea M. Kolski. Kolski is a former prosecutor and defense attorney with over 20 years of experience defending individuals across Texas. Reach out today to speak with one of our associates and set up a visit with our law firm.

Protection from the Adult System

One of the most notable benefits of hiring a juvenile law attorney is protecting your minor from the adult system. Certain crimes carry the risk of the minor getting charged as an adult.

For example, a minor who commits manslaughter could be punished as if they were over the age of 18. Other crimes could include:

• Arson
• Sexual battery
• Murder
• Kidnapping

Without the right attorney on your side, things can quickly go awry. The sentences for adults are much harsher than those for minors, and it’s even possible for a falsely accused individual to get a life sentence.

Quality Representation

It’s imperative to have quality representation when dealing with accusations, but not all lawyers are created equal. Having the right attorney could dictate whether your minor overcomes juvenile criminal charges. Keep this factor in mind when moving forward.

Faster Results

Experienced lawyers know how to expedite the process. The longer a case drags on, the more stressful it can become. The last thing you want is to find yourself constantly worrying about your minor’s potential incarceration.

Your lawyer can also help your minor get released on bail as soon as possible. With the right lawyer, they can often be released within less than 24 hours.

Guidance

Dealing with an arrest can be intimidating for everyone involved. Working with a lawyer will provide much-needed guidance throughout the process.

They’ll help you and your minor understand the situation and your potential options. This will greatly aid in building the proper defense. There’s something to be said about the peace of mind that guidance provides, as it can substantially reduce the stress you experience.

Finding a Juvenile Law Attorney

Finding the right juvenile delinquency attorney is easier than most people anticipate. There are certain attributes to keep an eye out for during your search, though. Listed below are some of the most notable.

Industry Experience

Research their experience and see how long they’ve been working as a juvenile law attorney. The more time they’ve spent in the industry, the better.

In general, it’s best to prioritize attorneys who have at least a decade of experience. This will ensure they understand your case’s nuances.

Specialization

Do they specialize in this area of law? Just because an attorney says they can help with your case doesn’t mean they concentrate on situations like yours.

It’s imperative to find someone who primarily deals with similar cases. This goes a long way toward finding the best possible option for your needs.

If your prospective attorney plans to delegate your case, ask to meet the lawyer they’ll give it to. This prevents you from working with someone you know nothing about.

Reputation

Only hire attorneys who have untarnished reputations. You can gain insight into this information by reading online reviews.

See what previous clients have to say about their experiences. Look for reviews that specifically mention timeliness, professionalism, and results.

Communication

Some attorneys are more difficult to get in touch with than others. Being unable to reach your attorney can easily complicate your situation.

However, accessibility sometimes comes at a price. To clarify, an attorney might charge you extra to answer the phone or return emails after hours.

If you aren’t aware of these charges, they can quickly add up. Regardless, your lawyer should regularly communicate with you and keep you updated on the case’s progress. Before you hire them, ask them how they plan to inform you of important details.

The Advantages of Flat Rate or Upfront Pricing

You often get what you pay for when hiring a juvenile law attorney. Cheaper attorneys often lack the necessary experience to get the best results. Like everything else in life, experience and expertise come with a price and you must ask yourself, what’s your child’s future worth?

When your child is facing charges, the last thing you need are more unpleasant surprises. Unforeseen expensive legal bills can add stress and anxiety to an already tough situation. When it comes to cost, flat rate juvenile defense attorneys are your best choice to avoid any surprise bills and allow you to plan ahead.

Because juvenile legal issues are a specialized area of law, it’s not uncommon for experienced juvenile attorney to quote thousands or even tens of thousands of dollars depending on the charge. This can actually work in your favor. Most experienced and reputable juvenile defense attorneys will charge a flat rate or upfront fee. This will be a total estimate to represent your child for the entirety of the case from start to finish.

A flat rate may seem eye opening at first, but it will give you peace of mind and avoid any future surprise costs or added fees that can quickly add up. Flat rates also act as an incentive for your juvenile attorney to resolve the case in the quickest amount of time with the least amount of work. This can alleviate long-term stress on you and your child and potentially avoid the strain of dealing with investigators, psychologists, or other experts if they don’t need to be involved.

Flat rate juvenile defense attorneys may include some additional costs if the case goes to court, but these are usually transparent and discussed upfront.

Be wary of any juvenile defense attorney that charges by the hour. It’s likely they have little experience and could potentially add up enormous future costs without any end in sight. The last thing you need is to encounter financial surprises after hiring a lawyer. For example, let’s assume that an attorney charges $500 per hour. After a seemingly small retainer is paid, the billable hours can quickly add up and soon surpass the flat-rate quote of an experienced juvenile defense attorney.

Keep in mind the difference between flat rate vs. hourly billing juvenile defense attorneys and the overall potential cost of an adequate defense. Don’t be fooled by a low price quote. Make sure you discuss all the potential costs and that the juvenile attorney you consult is transparent with their strategy and charges.

Level of Comfort

Assess how comfortable you are communicating with the attorney. To get the best results, you’ll need to be in frequent contact with them and provide the necessary information. This can be difficult to achieve if they don’t seem approachable.

Enthusiasm

Look elsewhere if your prospective attorney doesn’t seem enthusiastic about your case. Attorneys who aren’t interested in working with you will likely fall short of your goals.

This is a situation to avoid at all costs, as it could jeopardize your minor’s freedom. Most people can gauge an attorney’s level of interest shortly after meeting them.

A great way to assess their enthusiasm is to observe if they ask questions. The more they ask about your case, the more likely they’ll give it their full attention.

Get Started ASAP

If your minor gets arrested, time is not on your side. It’s imperative to call a juvenile law attorney as soon as possible. They have the tools and resources to help you manage this situation and begin building a defense to insure the best possible outcome for your child.

Juvenile defense attorney Andrea Kolski has over twenty years of experience in representing clients in a wide range of cases, including domestic, criminal, and family. She strives to exceed expectations and deliver the best possible results while offering support, compassion, and transparent communication throughout the process. Reach out to her today to learn more about how she can provide the legal defense you deserve.

When facing drug possession charges, an experienced criminal defense attorney is often the best choice to protect your freedom and your future.

For those not familiar with the Texas criminal justice system, defending against drug related charges is an uphill battle. Losing that battle may mean incarceration, costly penalties, and a lifetime of damage. Investing in an experienced and skilled drug possession attorney to represent you could make all the difference in your case and your future. But that experience won’t come cheap and since there is so much on the line, it’s important to understand the costs involved when hiring a criminal defense attorney.

Like other professions, not all attorneys are alike and the payment structure for attorneys varies as well. In order to make an informed decision, knowing how an attorney will be paid is critical. There are several factors involved such as the complexity of the case, ones’ criminal history, the attorneys experience, additional fees, etc.

Like other professions, in the legal world “you get what you pay for”. If you want a highly skilled, highly experienced lawyer on your side, it will cost you. However, more expensive doesn’t necessarily mean better for your case. There are other things to consider. So if you want a better understanding of the costs of hiring a drug possession lawyer- you’re in the right place. Just keep reading.

Why Hire a Criminal Defense Attorney?

Texas prisons are filled with people who thought they could “beat” the Texas legal system. There are unfortunately many innocent people in those same prisons who assumed the system would work for them. Sadly, many of those people behind bars learned the value of a great criminal defense attorney too late.

The phrase “Don’t Mess With Texas” is very appropriate when it comes to the Texas court system. Texas has some of the highest conviction and incarceration rates in the US. It’s not a place where one can expect to prevail simply because they feel they are innocent. Texas prisons are filled with folks who thought they could “beat the system”.

Representing yourself is never recommended and even seasoned lawyers know to hire an attorney if they are facing legal issues. The Texas criminal justice system is complex and confusing for those unfamiliar with its workings. Hiring an experienced criminal defense attorney is a smart move for anyone who wants the best shot at winning their day in court. Put simply, the role of a criminal defense attorney is to represent the defendant , who has been accused of a certain crime or already have been charged with a criminal offense.

When representing an accused person, a criminal defense attorney is responsible for making sure that the defendant has all of their rights protected, in accordance with the law and constitutional implications within the criminal code.

They also dedicate themselves to helping the accused achieve the best possible outcome with the case based on the evidence and the related charges. .

Below are the main factors that impact the cost and what to consider when finding the best criminal defense attorney for your situation.

EVERY Case IS UNIQUE

To put it simply, the more serious the charges, the more work for an attorney and other experts that may help the defendant. This will mean higher legal costs as well. Usually there are two factors when it comes to criminal defense cases – the complexity of the case and seriousness of the charges.

Felonies often require a greater investment of time and concentrated effort, rather than a misdemeanor or domestic law case. Therefore, the legal fees are likely to be higher.

The more time one spends in pre-trial, the more time is spent appearing in court and negotiating, and any additional factors such as review of evidence. This can be very time consuming and will also be factored into the attorneys fee structure.

There are many strategies an attorney may take to build a strong case. They may look to investigators, doctors, or accountants to assist in the defense. It may also involve testimony from witnesses who will need to be found, interviewed, and researched. This will incur additional costs but could also make all the difference in a case..

Defendants Criminal History (If Applicable)

The cost of representation is also impacted by one’s criminal history. The more legal trouble someone has had in the past, the more the lawyer will have to work to make sure that those issues from your past don’t impact your current predicament.

Flat Fee vs Hourly Billing

Civil and family law attorneys often bill by the hour of work done on a case. It’s common for those attorneys to request a portion of the expected total cost upfront as a retainer. As they work on a case, they track the hours and will deduct it from the amount in the retainer. If they work more hours and exceed the amount in the retainer, they will likely require additional funds to proceed.

Experienced criminal lawyers will usually evaluate a case and have a good idea of the potential costs. Because of this, experienced criminal defense attorneys are able to quote a flat fee for their services. They will often review the case with the client and then quote a price to represent them in the matter. This is a good thing for the client because it gives the lawyer an incentive to get the best possible outcome with the least amount of work and time. This can mean a quick resolution to a case and no further unexpected costs.

Flat fees also allow clients to financially plan without any surprises. They don’t have to worry about hidden costs or running out of a retainer in the midst of a case. Everything is upfront and clear from the beginning. On rare occasions, an attorney may include a provision if the case goes to trial. In those instances, it should be clearly indicated in the contract.

Legal problems, especially drug related charges, can devastate one’s career, personal life, and future. There are few things more serious than facing drug related charges in Texas. So, fighting those charges will require skill, experience, and expertise. These things are not cheap- but when compared to the potential consequences of a conviction, experienced criminal defense is a bargain. Ask yourself this, what’s your future worth to you?

If you’re talking to an experienced criminal defense attorney, they will have a very good idea what costs are involved and what it will take to do the best job for you. You’re paying for quality representation and piece of mind- your freedom may depend on it.

If you encounter a criminal defense attorney who bills by the hour or has a hard time explaining their flat fee costs, you may want to look elsewhere. The best criminal defense attorneys can quote a fee very quickly and have no trouble explaining what will be involved with your case.

Meeting With a Criminal Defense Attorney

Before you have your first meeting, it’s best to understand what’s at stake and what punishments you face if convicted. Consider what a conviction will do to your future and how it could impact you and your family. Once you have a good understanding of what a conviction would do to your life, you’re better prepared to meet with an attorney and see how they can help you avoid a worst-case scenario. Here are a few questions to ask when meeting with a criminal defense attorney:

1. Do they have experience representing clients with similar cases?
2. Will they be the one working your case or will they hand it off to someone else?
3. Are they familiar with the court and/or judge in your case?
4. Do they have a strategy for your case?

To make the most of your time and get the best insight, be sure to bring these:

1. Court paperwork detailing the charges against you, and future appearances.
2. Bail papers.
3. Police reports.
4. Other paperwork that is pertinent to the case.

Your meeting with a criminal defense attorney is confidential. Therefore, It’s important to be completely honest and forthcoming with any lawyer you decide to meet. Depending on the type of criminal case, such as felony or a federal or state proceeding, the attorney may need to process quite a lot of information to give you the most accurate quote.

They will may ask if there is anyone else connected to the case such as victims, witnesses, other defendants. They need to make sure that they have not represented anyone else in order to avoid a potential conflict of interest.

THEY ARE ON YOUR SIDE

Once you’ve decided to meet, prepare to answer any and all questions the attorney may ask. Depending on the type of case, they may require a little or a lot of information.

Respond honestly, and ask for explanations if you need them. Your meeting is likely confidential, so don’t be afraid that disclosing information to your lawyer when they ask.

After a while, it will be your turn to ask the questions.

You want to know about their previous experience with similar cases, if they know the prosecuting attorney and how they operate, are they familiar with the judge, etc.

What’s their experience. How long have they practiced criminal law. Do they have any experience on the state side as a prosecutor or assistant district attorney.

The better reputation your lawyer has with the court, the better off you will be. If you have any sort of special request, make it known during the first meeting.

Will they be the lawyer handling your case from start to finish. Who are the other specialists that may be required such as investigators.

How will you communicate with them. How long do they think the case will last.

YOU GET WHAT YOU PAY FOR

While every citizen has a right to a defense, the Constitution doesn’t guarantee the quality of that defense. So, hiring an experienced criminal defense attorney is the best way to insure your rights are protected and they have your best interest at heart. Like any other industry, if you want the best, you’ll likely need to pay more. Experience and expertise don’t come cheap, so expect to pay a reasonable amount for a quality criminal defense attorney.

The ultimate cost of hiring an attorney will depend on several factors including the complexity of your case, the charges you face, any prior criminal history, the lawyers criminal defense experience, and any potential specialists that may be needed to help your defense.

When considering a criminal defense attorney, keep in mind that the cost depends on many factors but your freedom is priceless. A great criminal defense attorney may be the best protection of that priceless commodity.

If you’d like to discuss your case with a top criminal defense attorney in Montgomery County, Texas, contact us today for a free consultation. We have proudly defended clients for over 20 years with countless victories. Your freedom is our top priority.

There’s a saying among criminal justice attorneys that “Everything on social media can and will be used against you.” While this may sound like a joke, the legal impact of social media use is no laughing matter.

Every year, the FBI records approximately 800,000 online cyber crimes. While we’re all glad when law enforcement cracks down on cyber crimes, more and more people, and especially teens, are finding themselves in legal trouble for misunderstanding the laws around cyber crime, social media, internet use, and other everyday platforms. Unfortunately, misunderstanding the law is no excuse when facing charges and the punishments are just as severe.

It’s estimated that Over 400 million people become victims of everything from cyberbullying to social media crimes. Unaware teens can find themselves in the crosshairs of law enforcement when it comes to online sex crimes, cyberbullying, and other social media misdeeds.

For many, the definition of “cyberbullying” and “social media” are vague and often confusing. Because of this, it’s easy to see why a growing number of people, young and old, are shocked when the the police come knocking at their door.

Online crimes are tricky to pin down at times. But make no mistake, crimes on social media have very real consequences just as severe as those in real life–and in some cases, even worse.

It may seem obvious which things you shouldn’t do online. Solicitation of a minor or making death threats are two common examples. But many may be surprised to learn that commonplace and seemingly innocuous activities can actually be grounds for legal penalties.

In this guide, we will discuss the five most common crimes on social media and how to insure you or a loved one doesn’t cross the line. Read on for five examples of things you should never do on Facebook, Twitter, Instagram, or any social media platform.

1. Social Media Crimes Include Using Copyrighted Material

Using copyrighted material can get you into hot water fast. Imagine one day you are Googling for a specific picture. You find one, save it, and then immediately publish it to your social media profile. Unless the image had a Creative Commons license, you may have unknowingly broken the law.

Copyright law is pretty straightforward: the creator of an image or video has the right to it. That means no one else has the right to use or profit from a particular image. The only way to do so is after having received explicit, written consent.

Now, it’s important to understand that copyright law can get very tricky. So tricky in fact, that you may need a chart to help you determine if you can share or use an image.

Generally speaking, we recommend against posting an image, video, or song that is not your own. If you decide to post licensed content on social media, be sure you’ve read and thoroughly understand the copyright license of that content and respect the protections of that legal license. If not, the owner of that material could take you to court and you could be on the hook for thousands, if not millions, of potential damages.

Are There Exceptions to This Rule?

There are exceptions but it’s best to err on the side of caution. One example of an exception is posting a friend’s picture, or one with a Creative Commons license. Further, you may not suffer any punishment for reposting a copyrighted image. The original poster would suffer the consequences in that situation.

There are many image, video, and music providers online that offer material for publication. Shutterstock, for example, allows users to pay a fee to reuse creative material from their site.

While most people may not realize they’ve posted copyrighted material, it becomes a serious issue when they make a profit off of it. For example, using a copyrighted song in a YouTube video or the image of a famous artist to promote your online business.

Be sure that any images or materials you post are not copyrighted. If so, look for online services that provide non-copyrighted material or other content free from license entanglements. A little bit of effort and careful planning can help you avoid trouble with the law.

2. Providing False Information

This is a very common occurrence that can land you in trouble. For example, visiting a website that has an age requirement, and lying about your age. Most people, especially minors, don’t realize this seemingly innocent action can land them in hot water.

Social media accounts like Facebook and Instagram have been making headlines recently for cracking down on fake profiles and other misleading information. It’s a crime to threaten harm or hurt people online, even with a fake account. Further, someone can be sued for defamation or other damages if they pretend to be someone else or causing damage to one’s reputation. Again, the laws are vague but the consequences can be very real.

This is especially the case when concerning crimes for minors. Teens or children may, for many reasons, label themselves as an adult in their profile.

However, this is against the law–and can land those they interact with online in real trouble. It’s especially true if they are using social media for dating. If a minor provides false information or a false age, they can face legal consequences. Further, the parents or guardians of that minor may also be liable depending on the situation and activities the minor was engaged in.

3. Impersonating Another Person

As mentioned above, it’s illegal to impersonate another person. However, parody accounts may be protected under free speech. Still, taking parody too far can lead to legal repercussions.

Using a fake ID in real life is illegal. Similarly, impersonating another person online can also be illegal. Parody accounts are acceptable, but there are specific rules and guidelines that must be followed to avoid crossing the line. For example, it must be blatantly clear that an account is a parody. How exactly one defines “blatantly clear” is anyone’s guess.

Law enforcement is an exception and often uses fake online profiles to track down cyber criminals or online predators. Online sting operations are a growing part of police work because they are cheap to conduct, pose little risk to the officers, and can provide a digital trail of evidence when or if an arrest is made.

Put simply, it’s best for most people to steer clear of impersonating another person online to avoid problems with the law.

4. Recording a Call Without Someone’s Consent

Perhaps, in order to gather evidence on a sketchy business or person, you record a Facebook or Instagram call with them. You do so secretly, without warning them. Your intention, after all, is to catch them in the act.

Texas is a one-party consent state. In other words, unless you are one of the parties on the call, you can’t record a conversation between two people without their consent. However, there are guidelines to how that recording may be used or submitted to a third party.

If for some reason you need to record a call, make sure you are adhering to Texas recording guidelines and don’t record calls or conversations of others without their consent. Public places, such as malls or sporting events, are often exempt from the privacy rules but even those situations can be illegal depending on the type of recording.

5. Uploading Pictures of Someone Without Consent

Your First Amendment rights allow you to take pictures of anyone you like in a public space. It’s only in places with a “reasonable expectation of privacy” where that is not the case. For example, on the premises of private property.

Say you go to a friend’s house for a party and take a picture of them or someone else there. If you don’t know them well, you should ask them for permission before posting their pictures. They have every right–if they so desire–to take you to court over posting these pictures against their consent. Privacy laws are intended to protect us all and apply even with friends and family.

Facing charges? Get Experienced legal help

Social media laws continue to evolve and the confusion around what’s legal and illegal is common. In this article we briefly covered some common situations such as impersonating another person, providing false information about yourself, and profiting off copyrighted content. But this is just a small sample of the many laws surrounding social media and the legal issues that people in every community may face.

When it comes to online and social media use, it’s best to proceed with caution. However, if you or a loved one have found themselves on the wrong side of the law, such as online solicitation or other cyber crimes, Montgomery county criminal defense attorney Andrea M. Kolski has the experience and skills to insure your rights are protected. She’s been fighting and winning in Texas tough criminal courts for over 22 years. Andrea’s record of success is second to none. Contact us today for a free case review.

Texas has very specific laws regarding assault or any act of violence towards another person. Assault and battery charges are usually the result of arguments, disagreements, or other conflicts between people that escalate into physical violence. Most of the time, people are able to work through disagreements before emotions cloud their better judgement. However, whenever violence results, people can find themselves facing serious consequences for their actions.

When facing first-time assault and battery charges, people are sometimes confused and wondering what to do next. In Texas, there is no separate charge for battery. Texas law incorporates both assault and battery charges under a singular assault charge. The consequences for assault in Texas can be severe. If you or a loved one are in this situation, it’s important to fully understand what’s at stake If convicted, the punishments can have a drastic impact the rest of your life.

This is when a lawyer who is experienced with first-time assault and battery charges can help. Finding the best lawyer to navigate this tough time is essential.

Understanding First-Time Assault and Battery in Texas

As noted earlier, battery is rolled up under assault in Texas. There is no separate charge for battery in Texas.. Guilty or innocent, it’s nerve racking when you find yourself accused and in the crosshairs of the law. If you get charged with assault and battery, it can be a misdemeanor or a felony. It usually comes down to the seriousness of the injury due to the violent offense.

The first and most important thing is to keep calm and avoid making any mistakes that could make things worse. An experienced lawyer can help you navigate this stressful time and avoid costly errors. Of course, you will want someone who has experience in assault and battery. Ignoring the seriousness of an assault and battery charge is also a bad idea.

How the Right Local Lawyer Makes a Difference

When you get charged, whether it is a misdemeanor or felony, you want an experienced local criminal defense lawyer on your side. While there are many lawyers, you owe it to yourself to find someone who has experience in the courtroom. and is familiar with the court and/or judge for your case. Getting a local lawyer in the area where you’ve been charged can make a big difference in your outcome.

In the past, assault and battery were separate crimes. Now they are often treated equally. Technically, assault means that you have intended to place someone else in a fearful situation. A battery charge refers to the completion of that act, meaning physical contact has occurred.

When facing first-time assault and battery charges, it’s important to understand you have rights. Insuring your rights are protected falls on your shoulders. If the Texas court system or law enforcement violate your rights, it’s on you to defend yourself. A lawyer with experience in Texas criminal law can defend you and take steps to make sure your rights are not infringed.

Be Prepared for What Happens Next

What happens after you get charged with first-time assault and battery is one way to alleviate some of the stress you may experience. Knowledge is power and often we are more afraid of the unknown than we are what happens to us. The right lawyer can help explain your situation and what is likely to happen next. They will guide you through this difficult time and make things easier for you to understand.

Even in the most dire assault and battery case, there will be options for you to decide along the way. If this is the first time you are being charged with a crime, your attorney will be a valuable resource in making decisions and how to proceed with your case. Navigating legal terms can be confusing for anyone not experienced in Texas criminal defense law and having the right lawyer by your side can relieve much of the confusion.

Penalties for Assault and Battery

Penalties vary and can depend on how the laws are read in the state the crime is committed. Assault normally involves some type of threat of bodily harm, while a charge of battery requires intentional physical contact. All states have laws that deem assault a crime. Similarly, a battery charge is also a crime and both of these can carry prison sentences.

Many people are surprised to learn that prison time for first-time assault and battery is a very real possibility. Having the right legal by your side can mean the difference between freedom and time behind bars. Because of this, first time assault and battery charges should never be taken lightly.

Lighter Sentence or Dismissal

When wrongly accused of assault and battery, the best possible outcome would be a dismissal and the chance to move on with your life. While there is no way to guarantee any result, hiring an experienced assault and battery lawyer will give you the best chance at the best outcome.

If a dismissal is out of reach, reduced charges can minimize the penalties you could face. In Texas, if someone is convicted of assault and battery it can be classified as a misdemeanor. This would mean a monetary fine and possible jail time up to 180 days. This is a worst-case scenario for the light side of things. With a proper defense, it’s possible you may not receive any jail at all.

Serious Penalties for Felonies

If charged with felony assault and battery, the penalties are much greater. This is where things get more serious. Persons facing felony assault and battery could end up in jail for up to ten years, twenty years or worse. A felony conviction can destroy your future and forever alter the course of your life. If your facing felony charges, don’t gamble with your future. Get experienced legal help right away.

Hire a lawyer, Not a Salesman

Shockinlgy, there are over 100,000 lawyers in Texas but only a handful that have the experience and knowledge to effectively defend assault and battery charges. It’s a very specialized area of practice that requires skill and hard work. But with so many lawyers competing for clients, many employ slick marketing to acquire new clients. Unfortunately, many law firms overstate their abilities or experience in order to look more appealing. These sales tactics can be tough to spot without doing your homework.

The internet and social media are teeming with law firms who market themselves as “the best” in whatever practice area you may need. They use immersive websites with pretty pictures, chat bots, emotional videos, or even fake online reviews to convince you to call. Don’t fall for the sales pitch- make sure the lawyer you meet will handle your case from start to finish.

If you decide to hire a large firm, beware the bait-and-switch after you’ve signed on. Sadly, a common practice at larger firms is for experienced lawyers to hand off cases to another less-experienced lawyer or others at the firm. This common “bait and switch” tactic at law firms can spell disaster for your case. Do you want to trust your future to a rookie lawyer or worse?

In short, be wary of large firms who lure you in with slick advertising and a “pitchman” who reviews your case and promises the world.

You can protect yourself by asking a few simple questions when meeting with an assault and battery attorney. Ask specific questions about the lawyers experience with assault and battery cases. What were the details of the cases? What were the outcomes? Are there any similarities to your case? Did they handle these cases personally? Will they be handling your case personally? Are they familiar with the court where your case is being held? How often are they in that court?

Experienced assault and battery attorneys will gladly answer all your questions and provide details that the pretenders can’t answer. In short, the best results are likely to come from an experienced assault and battery lawyer who will work your case personally. A great assault and battery lawyer will work with you side by side through the entire process. This is your life on the line and you want an experienced legal bulldog who is not afraid to take on the fight!

The Gender Advantage

Statistically, the majority of defendants facing assault and battery charges are male. When building your case, your lawyer will work to gain sympathy from the court and if needed, face down your accuser. This is a tricky balance to strike without going too far. More and more male defendants are realizing that an experienced female defense attorney can be a tremendous help in these cases. Having a skilled female lawyer in your corner might just be the best decision you can make for your case.

The Fight of Your Life

Once you are charged with first-time assault and battery, you may feel like you are in the fight of your life. This is not a world you are used to so everything seems overwhelming. That is why this is not a battle to take on by yourself, but with the right lawyer who will represent you and your interests.

The legal world is often complicated and confusing. It may seem that it is designed that way and while that may be true, it can also be simple. Having experienced, knowledgeable legal help will make an assault and battery charge much easier to understand and work through.

Our firm is here to help you and your family navigate this difficult time.

Do Yourself a Favor

If you or a loved one have been charged with first-time assault and battery, call us today for a case review. Conroe criminal justice attorney Andrea M. Kolski has over 20 years of courtroom experience defending assault and battery cases. Her track record of success is second to none. With countless dismissals and reduced charges, she has helped scores of clients protect their future and get on with their lives. We know the stress of facing assault and battery charges and work tirelessly to alleviate that burden for our clients and their families. Let us help you protect your freedom.

Arrested on DWI charges? If so, that can mean serious trouble both personally and professionally. It makes sense to hire the best DWI lawyer to help you get your life back on track.

There were more than 1 million arrests made in the US for driving while intoxicated in 2019.

Consequences for DWI convictions can be severe encompassing loss of driving privileges, heavy fines, or even jail terms. Convictions leave you with a criminal record which stains your future.

DWI cases are, however, defensible. Therefore, hiring a DWI attorney will be invaluable since they can set up a defense for your case, ensuring you stay out of jail.

The problem for most people lies in confusion caused by the significant number of lawyers they get to choose from. Are you wondering where to start the search for a great DWI lawyer? Worry not.

Below is a step-by-step guide on finding the best DWI lawyer for your case. So read on!

Step 1: Launch an Internet Search

Are you clueless about finding DWI lawyers in your area? The internet is a resource that can be helpful for your local DWI attorney search.

The search is informative in offering local DWI attorney options. DWI laws differ from one state to another. Hence it is imperative to find a local defense attorney.

Include “your city + DWI lawyer” as the search keywords to identify lawyers from your area. Check also to ensure the selected attorneys have worked within the courthouse where your case will be heard.

From the research, come up with a comprehensive list of potential candidates. Your analysis must be in-depth for you to get insight on the DWI case process.

Step 2: Reputation and Experience

With your shortlist at hand, you now need to separate the wheat from the chaff. Assuming that the candidates constitute certified lawyers, you’re left with experience and reputation to vet them.

Most of the criminal attorneys have handled DWI defense before, citing the volume of the cases. Trial experience, however, sets the DWI attorney in a better position to help you. Investigate the win rate for similar past cases to weigh the acquittal probability.

It will be better to hire a reputable DWI attorney since they have been tried and tested. Be on the lookout for fake reviews by checking the company’s reputation on a trusted website.

Benefits of working with a reputable DWI law attorney include their trustable personality, giving you peace of mind.

Step 3: Set Up Consultations

Reaching out to the attorneys and setting up consultations is essential in finding the best Montgomery criminal lawyer. Consultations, whether in person or virtual, allow for the attorneys to answer your questions.

A free consultation will be among the ways your lawyer applies to develop a rapport with you. Make use of the chance to deal with expectations from both parties.

The success of your case depends on the questions you table, including if they know judges and prosecutors in your case. A Montgomery DWI lawyer should be in a position to offer precise answers easily.

Consultations mean to address facts about your case. The best Montgomery County DWI attorney will offer an honest opinion about case specifics.

Consultations work to assist you in making up your mind by creating a realistic view of the case.

Step 4: Request a Quote

Your search for the best DWI attorney is not over until you consider legal fees. Like most things in life, you get what you pay for. Experience and expertise in DWI law only happens with a lot of work. Reputable DWI attorneys won’t be cheap because the years of experience and knowledge make them more effective than lesser attorneys.

Requesting a quote from the potential candidates and comparing them assists you pick services that you can afford. Cheap isn’t necessarily good, especially when it means foregoing the best results. Your focus needs to be on service value offered at reasonable rates.

The charges sometimes will need negotiating a payment plan. Most experienced DWI attorneys work on a flat fee basis. This is actually good for the client because it gives the DWI attorney extra incentive to get the best result in a case with the least amount of hassle. Plus, there is peace of mind knowing that you’ve paid for the full legal services and won’t have any surprise billing hitting you in the future for your case.

A good DWI lawyer will clearly explain the costs involved and what to expect.

Step 5: Personal Attention To Your Case

DWI cases are different, which is why courts handle them uniquely. You’ll want to find a DWI attorney able to manage your specific case.

Your DWI attorney needs to have DWI law among its practice areas to assure you of the best results. In court experience within Montgomery means that the lawyer knows the people involved with your case and hopefully the judge presiding over your case.

It’s smart to discuss how your DWI attorney will handle your case and if they will be with you the entire process. Don’t let the attorney you meet with flip your case to someone else at the firm. Get in writing that they will be handling your case personally. Only settle for DWI lawyers that will see your case through themselves. You deserve only the best, which alleviates your frustration with the justice process.

Step 6: Sign the Attorney’s Engagement Letter

Once you’ve decided on a DWI attorney, you’ll want to confirm it in writing. This way they can begin immediately representing you and begin your defense.

An attorney’s engagement letter includes content legally binding the nature of the attorney-client relationship. The content, including the scope of representation, rate basis, and fee agreement, offers grounds on which the agreement was made.

As an official document, be sure the main details are in order.

Hire the Best DWI Lawyer

Your DWI case does not have to end badly. Hiring the best DWI lawyer can be critical to winning your case. Your attorney should present the best defense to resolve your case for a favorable outcome.

Are you looking for the best Montgomery County DWI attorney you can count on? DWI attorney Andrea M.Kolski is among Montgomery county’s elite defense lawyers. She has been practicing DWI and criminal law for over 20 years and has a record of success second to none. The Law Firm Of Andrea M. Kolski is a client-centered law firm ensuring compassion and tireless defense of the accused. If you or a loved one have are facing charges for DWI in Montgomery County, Texas, Contact us today for a free consultation.

The indictment process ensures the court starts out on good footing at the outset of an accusation. This is intended to keep the state honest while pursuing criminal accusations against a defendant. It also reduces the risk of careless action and overreach with time and careful consideration.

This slow process also allows emotions to be calmed so that the court and any potential jury can be as objective as possible. Sometimes the wait can help reduce the staggering load of felony cases the court reviews. In 2019 alone, there were over 225,000.

Here is an overview of the indictment process and the steps involved.

Court Terminology

The words we use in everyday conversation may have a different meaning in the legal world. This can create confusion for those outside the profession. Plus, there are a ton of law-related TV shows and news stories that can sometimes mix up the meaning of certain legal phrases.

Let’s clear up the meaning of a couple of the most common used words: indictment, arraignment, and arrest.

Indictment

An indictment is a formal accusation handed down by a grand jury. This document establishes that a crime was committed and that sufficient grounds exist for the state to take action.

While indictments can exist for any level of crime, the majority are related to felonies. Misdemeanors don’t typically require an indictment to proceed to charges.

Arraignment

An indictment serves as the formal document that lays out a charge against a person (or group).

An arraignment signifies the start of court proceedings. Here, the court reads the charges, takes a plea, and places counsel on record. For those that plead guilty, this is the final step before sentencing.

According to the Texas code of criminal procedure, arraignments usually take place two days after an indictment. The gap in time allows a person, the accused, to secure counsel and to provide time for the arraignment appearance to be set.

Arrest

While nearly all felony charges come with an indictment and an arraignment, fewer result in an actual arrest. An arrest is not a charge but simply a detainment of a person suspected of a crime.

The bar is lower for making an arrest than an indictment but arrests require charges to be filed or in-motion. Otherwise, they may free the suspect after a short time.

The Indictment Process Step by Step

An indictment only takes a few steps to get rolling but several of the steps contain surprising depth and can mimic the proceedings of a trial.

1. Pre-Hearing

Before the Texas indictment process gets started, investigators compile information to establish the basics of a case. This includes simple things such as that an incident occurred, when, where, and some elements of how.

Investigators are also responsible for finding witnesses and establishing a suspect (or suspects).

It is up to the defendant to decide whether they want to skip the indictment hearing. Though inadvisable, it is possible for a suspect to request skipping an indictment hearing and accept the formal charges. Doing so doesn’t equal a guilty plea.

2. Grand Jury Gathered

A grand jury is more informal than a trial jury but follows many of the same selection processes. These include establishing that all jury members are competent, residents of the jurisdiction, can read/write, are not themselves under indictment, and are able to serve.

There is no pre-trial phase in which counsel dismisses or certifies jurors but a general pledge of objectivity is still required. Typically, a court has several grand juries ready to go that hear multiple cases, rather than the one-off system of a trial jury.

3. Hearing

Once the grand jury is impaneled, the prosecution presents the basic information they have for the case. Their goal is to determine that a case can move forward by establishing the bare facts of probable cause.

While many grand jury hearings take place with only the prosecution and the jurors, it is possible for defense counsel to appear at a grand jury.

During the hearing, the prosecution establishes all charges against a suspect. Prosecutorial discretion allows for charges to be dropped after an indictment but adding them requires amending charges and going through another hearing.

4. Outcome

The grand jury votes on the presented information and decides if the indictment will go forward or not.

A True Bill is put forward when the grand jury decides a case has enough evidence to proceed.

A No Bill is issued when they decide that there is insufficient evidence to move forward.

Juries issue decisions on each count or charge, so it is possible to have a mixed bag of True and No Bills in an indictment.

5. Aftermath

In the case of a True Bill, a (normally) felony indictment is issued and an arraignment is set.

In the case of a No Bill, the prosecution has the option to go back to the investigation phase and then impanel a new grand jury and try again. In the case of a dismissal, rather than a No Bill, then they can’t be presented again.

Getting a dismissal is one of the best reasons to get counsel when facing an indictment proceeding.

Indictments and Statute of Limitations

Proceeding with charges ends the statute of limitations clock. However, the formation of a grand jury and the start of the indictment process does not. Some crimes have a specific time frame, for example 10 years, where charges must be filed or there is no case to pursue.

It is possible to be in the indictment process for years without a dismissal or True Bill issued.

Start Early

The indictment process is an important part of our right to due process as Americans. It’s important to understand the various terms and steps involved. It’s also important to consult with an experienced defense attorney if you or a loved one is in legal trouble. If you or a someone you love are suspected of a crime, it’s in your best interest to get an attorney working on your behalf as soon as possible.

Contact Criminal Defense Attorney Andrea M. Kolski today for a review of your situation and how we may be able to help.

Statistics show that every year, one in three women and one in four men are involved in some form of violence with someone they know or trust.

Unfortunately, domestic violence is far more common than people realize. Domestic violence can occur between spouses, dating partners, or parents and children. It’s important to keep a level head when dealing with an emotionally charged situation. Regardless of the circumstances, in Texas, domestic violence (or family violence) is a crime.

Domestic violence and family violence in Texas are a real concern. In 2014, 114 women in Texas died at the hands of intimate partners. These Texas casualties made up 10% of all deaths caused by domestic violence in the entire country.

It’s important to do everything in our power to prevent domestic violence and stop these tragedies. However, there can be tragic consequences even when a crime hasn’t been committed. The consequences from false accusations can be devastating for the accused.

False accusations of domestic violence and abuse can devastate the lives and families of the wrongly accused. The law, intended to protect victims, is often weaponized in contentious divorce cases and family law. We often see spiteful spouses or family members falsely accuse another of abuse in order to gain custody, property, or have the other party on the defensive. Such false reporting makes the lives of the accused and the accuser incredibly difficult.

Falsely accusing someone of abuse makes it even harder for law enforcement and the courts to help those who truly need it. Parents and family members need to be warned against such actions. False reports and lying to the police are serious crimes with serious legal consequences.

How do Texas domestic violence laws work, and what kind of punishments are involved? Keep reading to learn more about the legal consequences of violating Texas’s family violence codes.

What Is Domestic Violence?

Domestic violence in Texas falls under the Texas Penal Code Title 5 Chapter 22 Section 22:01 (Assaultive Offenses). In the cases of family violence, the law specifically covers:

• Family members
• Household members (including foster children)
• Current or past partners (dating violence)

To commit domestic violence, one must:

• Knowingly or intentionally cause injury to a protected person
• Knowingly or intentionally threaten to injure a person
• Knowingly or intentionally engaging in physical contact the person finds offensive, provocative, or threatening

The key here is “knowingly” or “intentionally.” For it to count as domestic violence, the person has to know that they are causing physical harm. This is the difference between an accident and domestic violence.

However, the law also deems “reckless” behavior to be domestic violence. Reckless behavior is conduct that doesn’t consider the potential outcome of the actions (i.e., the potential that the other person could get hurt). That means domestic violence occurs even you don’t knowingly or intentionally hurt someone.

For example, accidentally slamming a partner’s fingers in the door while struggling with the grocery bags isn’t domestic violence. Doing it on purpose is different – even if it’s a one-time event in the heat of the moment and you didn’t think about what would happen.

Some of these circumstances can be difficult for a third party to understand and get to the truth of what happened. Either way, domestic violence is a crime in the state of Texas. A one-time event can give you a criminal record – even if it’s a misdemeanor.

The Penalties for Domestic Violence

The penalties for domestic violence range from a class C misdemeanor to a first-degree felony. They include assault and battery and range as far as kidnapping, sexual assault, and unlawful confinement. These charges make domestic violence one of the most severe crimes covered by Texas law.

What charge you receive depends on three (or more) factors:

• The relationship in question
• Past behavior or convictions
• Type of abuse involved (higher penalties for strangulation and suffocation)

For example, the state can indict a person who commits domestic assault twice in a single year on a separate charge: continuous violence against the family. The first two assaults do not require conviction – or even arrest. It can also include two different victims.

The penalties depend on the charge. Texas provides punishments as follows:

• Class A misdemeanor: Maximum of 12 months in jail and a maximum $4,000 fine
• Third-degree felony: 2-10 years in prison and a maximum of $10,00 fine
• Second-degree felony: 2-20 years in prison and a maximum fine of $10,000
• First-degree felony: 5-99 years in prison and a maximum fine of $10,000

Additionally, the conviction becomes part of a criminal record. Domestic violence charges impact your ability to vote and look for jobs. If it includes a sexual offense, and you get convicted, then you may also need to register as a sex offender.

Can You Defend Yourself When Faced With Abuse?

The short answer is yes. But, the law isn’t exactly clear on the details. Remember that the state sees domestic abuse and family violence as a crime. That means that it’s not a he-said, she-said case. It is up to the police and the state to decide whether there is a case and whether it is winnable.

As a result, if you are arrested for or charged with an assaultive offense under the act, then it’s important to understand your rights and begin your legal defense.

Some common defenses for those charged with domestic abuse include:

• False allegations
• Self-defense
• Lack of proof
• Consent
• Investigative errors
• Arrest errors

These defenses can help protect people accused of assault when no assault (as defined by the law) occurs.

It also provides a defense if you find yourself in a situation where your abuser is using the law and courts to victimize you further. This reversing of the protections under the law is also common in abuse cases.

For example, if your partner was beating you and you defend yourself in a way that causes them injury, they can bring charges against you. However, you can argue that the act occurred as a matter of self-defense.

What Happens After the Arrest is Crucial

Your court hearing may depend heavily on what happens if the police arrive and there is an arrest.

You should not admit fault in any circumstances – to the victim, witnesses, or the police. Doing so damages your case.

It’s also essential to avoid contact with the family member (or partner) if charges are filed. You should only speak to them through your attorney to prevent anything you say being used against you.

Even though this can be difficult if it involves not seeing your children, it is also vital to your case.

What To Do When Falsely Accused?

This is sadly more common than people realize. Contested divorces and custody battles can bring out the worst in people. Making up an abuse allegation against a spouse or family member isn’t unusual when people are desperate or embroiled in an emotional situation. Even so, lying about another persons actions will land you in legal trouble.

The police will still treat any allegation of domestic violence seriously. There will be an investigation and all parties involved will be questioned. Charges will be filed accordingly. In Texas, if investigators conclude a false report was made, the accuser can be charged with a Class B Misdemeanor, punishable by up to 180 days in jail and a fine up to $2,000. Depending on the circumstances, the wrongly accused may pursue civil damages against the accuser as well.

Texas Domestic Violence Laws And Your Situation

Texas domestic violence laws leave little wiggle room for those accused of abuse. Many acts also constitute domestic violence, and the punishments for these range from a night in jail to years in prison.

As a result, these cases are challenging to defend, and the family-oriented nature of the case makes it emotional for everyone involved. If arrested for domestic violence, you need a lawyer immediately to help you navigate the process.

If you’re facing criminal domestic violence charges, get in touch today to learn about your options and how to protect yourself and your rights.

The laws surrounding sexual crimes are serious but are often misunderstood by those who aren’t familiar with the judicial system. More than 18,000 sexual assaults were reported to Texas law enforcement agencies in 2019.

It’s assumed the actual number of sexual offenses is much larger. In recent years, crimes related to online solicitation have skyrocketed. With easy access to the internet, users are often unaware their activity may get them into trouble. Anyone who uses the Internet needs to understand these laws and how to protect themselves..

What is online solicitation? What penalties does a person face for it? What should you do when facing charges, and what defenses are there for online solicitation in Texas?

Answer these questions and you can avoid being convicted of a heinous crime. Here is your quick guide.

Learn the Definition of Online Solicitation

Section 33.021 of the Texas Penal Code supplies the definition of online solicitation of a minor. It occurs when someone who is 17 years of age or older engages in a sexually explicit activity with someone younger than 17.

They may communicate in an explicit manner. The perpetrator may ask the minor to perform sexual activities, or they may describe sexual conduct at length. They may give the minor sexually explicit material, including pornography.

The person may arrange an in-person meeting so they can have sex with the minor. It does not matter if the meeting never happens.

Solicitation can occur through an email, chatroom, or social media post. The perpetrator can use a smartphone or computer.

Know the Potential Penalties

Communicating a sexually explicit message or sending explicit materials is a third-degree felony. Third-degree felonies have a minimum prison sentence of two years and a maximum sentence of ten years.

The offense carries a second-degree weight if the minor was younger than 14. If the perpetrator believed the minor was younger than 14, it also counts as a second-degree crime.

If the solicitation was done to arrange an in-person sexual meeting, it becomes a second-degree felony. A second-degree felony carries a minimum sentence of two years, but a judge can give up a sentence of 20 years.

The judge may mandate additional penalties. They may ask that the perpetrator be registered on the sex offender registry. They may demand that they take classes or attend psychological therapy.

Other charges may accompany online solicitation. If the perpetrator receives sexually explicit photographs of the minor, they can get charged with child pornography.

Assess the Situation

You may be informed by the police that you have been charged with online solicitation. You may be very upset, but you should not panic.

Read the warrants that the police have for you. Look at your browser history and cellphone data and review what happened.

Do not delete any information off of your devices. The police do have ways to recover data, including text messages. It makes you look suspect if you delete anything.

Do not communicate with minors while you are facing charges. Under no circumstances should you reach out to the person alleging sexual misconduct. Stay off of the Internet as much as possible.

If you get arrested, do not fight back. Remain as calm as you can and state that you will invoke your right to remain silent. Keep in mind that you say your name if the police ask you to identify yourself.

If possible, say nothing whatsoever after you invoke your right. Even simple remarks like, “I never touched her,” may seem helpful but they can be incriminating. When you have questions, take them to a criminal defense attorney.

Hire an Attorney

It is imperative that you hire a lawyer as soon as you hear of your charges. Prosecutors are very aggressive when it comes to sex offenses. You cannot handle a case on your own.

Spend some time considering different attorneys. Try to find someone with experience as a prosecutor and defense attorney. Having a well-rounded legal intelligence is essential to winning a solicitation case.

Give over your personal devices to your lawyer. Remember that everything you tell your attorney must remain completely confidential. They will not divulge anything that they find on your devices.

You should also give them a personal statement. This helps them create a narrative that they can use to explain the evidence in the courtroom. You do not have to testify if you do not want to.

Living under the weight of solicitation charges can be difficult. It’s important to try to live as normal a life as you can. Continue working if you have a job or occupy your time with healthy activities. Talk to a therapist if you have trouble living with your emotions.

Potential Defenses If You’ve Been Accused

Entrapment is a common defense. Undercover police officers and activists pose as minors to catch predators. This can result in innocent people being trapped.

If you engaged with a police officer, your lawyer may be able to argue that they initiated the conversation. Without that, you would not have engaged in dialogue. An experienced lawyer could use this defense for a potential aquittal.

The Romeo and Juliet law provides specific protections. Someone who is older than 17 can have sexual contact with a minor if they are less than three years older than them. If you fall under this law, you may have a defense.

Someone may have impersonated you or hacked into your account. Your lawyer can use computer data to show someone else communicated with the minor. Having an alibi that shows you were elsewhere can make a convincing case.

Fight Back With a Lawyer’s Help

Online solicitation of a minor is a serious crime. It involves communicating with minors over the Internet in a sexual manner. It can entail having an explicit conversation or exchanging pornographic materials.

The punishments are severe and if found guilty, you can face jail time for up to 20 years. Prosecutors can, and often will, tack on additional charges that will add time, fines, or other punishments. The consequences can ruin a life.

If you’ve been charged, don’t panic. Call a lawyer immediately and let them start building your defense. An experienced online solicitation lawyer can find ways to protect your rights and allow you to fight the charges.

You have the right to defend yourself and you also have the right to hire an attorney to represent your case. The Law Firm of Andrea M. Kolski serves Montgomery County and Houston residents charged with sex offenses. She has successfully defended hundreds of clients and won countless cases involving online solicitation, sex crimes, drug crimes, and other offenses. If you need an experienced winner in your corner, Contact us today.