#Texas Penal Code

[houston-dwi-lawyer]

It Happens: Wrongful DWI Arrests & Criminal Charges

If you’re one of the many individuals who felt they were wrongfully arrested for DWI, know that you’re not alone. There are legal options available for you. A sense of injustice can be heavy to bear, especially when it comes to accusations of drunk driving. The law provides avenues for redress in these situations. Depending on the facts of the case, we could get the matter behind you in your…

[write-and-buried]

Prisoner!Joel x Prison Nurse Reader

That's all. That's the thought.

[ninyard]

if Aaron did it on November 12th, 2006, South Carolina’s stand your ground law would be in place by then I think

“The General Assembly finds that it is proper for law-abiding citizens to protect themselves, their families, and others from intruders and attackers without fear of prosecution or civil action for acting in defense of themselves and others.”

I think it maybe fits qualifications with:

“Section 16-11-440. (A) A person is presumed to have a reasonable fear of imminent peril of death or great bodily injury to himself or another person when using deadly force that is intended or likely to cause death or great bodily injury to another person if the person:

(1) against whom the deadly force is used is in the process of unlawfully and forcefully entering, or has unlawfully and forcibly entered a dwelling, residence, or occupied vehicle, or if he removes or is attempting to remove another person against his will from the dwelling, residence, or occupied vehicle; and

(2) who uses deadly force knows or has reason to believe that an unlawful and forcible entry or unlawful and forcible act is occurring or has occurred.”

Unlawful, forcible act is what I think it may fall under

Witnesses could show that he had reasonable cause to be concerned (because of what Higgins said or anything previous). And when he entered this is when he used this force so it might hold up under SC stand your ground law

See I was thinking this but @aledethanlast made the point that it’s not their house and Nicky’s parents willingly invited him into the house, so they knew he was there. He was there to cause harm but there was no forced entry because they’re brought him in.

Although there’s Defense of the Third Person which COULD maybe be argued but it’s in Texas penal code not SC, and seems like the SC equivalent is the Stand Your Ground law.

It’s section 9.32/9.33 which is at its basic definition + me not having any knowledge of law at all and ESPECIALLY law in the US

Under those maybe he could? I don’t know though

[conservative-asshole]

yazji

kenji and Yaz are in love and YOU CAN'T TELL ME OTHERWISE.

Wanna fight about it, come down to Texas and I'll challenge you under Texas penal code 2206

[miawashere]

texas improper photography law

also known as Texas Penal Code section 21.15, makes it a felony to take improper photos of non-consenting strangers. improper photography includes photos and videos of private areas and people charged with this crime can be fined up to $10,000 USD.

[tomorrowusa]

Greg Abbott and Ron DeSantis are transporting migrants to other states to boost their standings with the far right and to draw attention away from festering problems in their own states.

DeSantis is governor of a state which doesn't even have a border with a foreign country, but he's been scooping migrants up in other states and dumping them in California, Massachusetts, and elsewhere.

California Gov. Gavin Newsom is now threatening criminal charges against DeSantis. THIS is what needs to be done. Other blue state governors and attorneys general, please take note!

For the second time in four days, Florida picked up people seeking asylum and took them by private jet to Sacramento at taxpayer expense, California officials said on Monday after another flight arrived at a local airport.

California’s Democratic governor, Gavin Newsom, on Monday branded his rightwing Republican Florida counterpart, Ron DeSantis, a “small, pathetic man”, and appeared to threaten kidnapping charges after the first incident in which a group of migrants was dumped at a Sacramento church.

Rob Bonta, California’s attorney general, said in a statement that 16 South Americans abandoned outside the Roman Catholic Diocese of Sacramento on Friday were “in possession of documentation purporting to be from the state of Florida”, and may have been duped into boarding charter flights via New Mexico after entering the US in Texas. On Monday morning, a second flight of 20 migrants arrived in the state’s capital.

DeSantis is using Florida taxpayer money to conduct these stunts. His rubber stamp legislature lets him get away with stuff like this.

The episode has parallels to what critics called a similar “soulless” stunt orchestrated by DeSantis last year in which his administration abandoned several dozen mostly Venezuelan migrants in Martha’s Vineyard.

Newsom, in a tweet posted Monday lunchtime directed at DeSantis, said: “You small, pathetic man. This isn’t Martha’s Vineyard. Kidnapping charges?” and linked to a section of California’s penal code stating anybody who “abducts or takes by force or fraud” a person found within the state “is guilty of kidnapping”.

Republican governors should not be allowed to conduct kidnappings at taxpayer expense. And their accomplices need to be penalized as well.

“While we continue to collect evidence, I want to say this very clearly: state-sanctioned kidnapping is not a public policy choice, it is immoral and disgusting,” Bonta said in the statement.

The flight was operated by Berry Aviation, an active US defense contractor, according to flight tracking data on FlightRadar24. When reached on the phone, the company declined to comment. Acorn Growth Companies, an aerospace investment firm, which owns Berry Aviation, did not answer calls.

Acorn’s managing partner, Rick Nagel of Oklahoma, is a major Republican fundraiser. He was the campaign treasurer for congressman Tom Cole, who chairs the House rules committee. Cole is a former head of the Republican National Congressional Committee and a fervent backer of Donald Trump’s anti-immigration policies.

Planes and buses used to transport migrants under such circumstances should be impounded as evidence and the companies which own them should be indicted.

Given the disproportionate number of mass shootings in Florida and Texas, DeSantis and Abbott are trying to deflect attention from their failure to keep assault weapons out of the hands of extremists and criminals.

If California and other states issue warrants for the arrest of Ron DeSantis, that might make his campaigning a little more difficult.

[missworld1994]

this paper got me reading the 1925 penal code of texas

[ausetkmt]

TALLAHASSEE, FL — Authorities in two states are threatening Florida Gov. Ron DeSantis with criminal charges after dozens of migrants were flown from Texas to California this week and to Massachusetts in September 2022.

In California, authorities were investigating whether DeSantis was behind a flight that picked up asylum-seekers on the Texas border and flew them — apparently without their knowledge — to California's capital of Sacramento.

The development coincided with confirmation from the Bexar County Sheriff's Office in Texas that criminal charges were recommended against DeSantis in connection to an incident where 49 asylum seekers were flown from Texas to Martha's Vineyard as part of DeSantis' migrant relocation program.

In California, about 20 people aged 21 to 30 were flown by private jet to Sacramento on Monday, state Attorney General Rob Bonta said. It was the second such flight in four days.

Sacramento Mayor Darrell Steinberg and faith-based groups who have been assisting the migrants scheduled a news conference for Tuesday morning.

Meanwhile, California Gov. Gavin Newsom lashed out at DeSantis on Twitter, calling him a "small, pathetic man" and suggesting his state could pursue kidnapping charges.

"@RonDeSantis, you small, pathetic man," Newsom tweeted. "This isn't Martha's Vineyard. Kidnapping charges?"

With the tweet, Newsom included a section of the California penal code on kidnapping charges that reads, "(d) Every person who, being out of this state, abducts or takes by force or fraud any person contrary to the law of the place where that act is committed and brings, sends, or conveys that person within the limits of this state, and is afterwards found within the limits thereof, is guilty of kidnapping."

DeSantis, who is seeking the Republican nomination to run for president, has been a fierce critic of federal immigration policy under President Joe Biden and has heavily publicized Florida's role in past instances in which migrants were transported to Democratic-led states.

DeSantis and other Florida officials have remained mum, as they initially were last year when they flew 49 Venezuelan migrants to the upscale Massachusetts island of Martha's Vineyard, luring them onto private jets from a shelter in San Antonio.

In a statement to the Miami Herald this week, the Bexar County Sheriff's Office in Texas confirmed that criminal charges were recommended in connection with the Martha's Vineyard case.

The case was then passed to the Bexar County District Attorney, the Herald reported.

"The case filed includes both felony and misdemeanor charges of Unlawful Restraint," according to the statement. "At this time, the case is being reviewed by the DA's office. Once an update is available, it will be provided to the public."

The case by Texas authorities isn't the first piece of litigation levied at DeSantis regarding the flights to Martha's Vineyard.

Lawyers for Civil Rights filed the suit on behalf of about 50 Venezuelans involved in the flights, and Alianza Americas, a network of migrant-led organizations supporting immigrants in the U.S. in September 2022.

The lawsuit names DeSantis and Secretary of Florida Department of Transportation Secretary Jared Perdue, and called the flights "inhumane and morally repugnant."

The suit says the Florida officials arranged a "fraudulent and discriminatory scheme to transport nearly 50 vulnerable immigrants, including women and children, from San Antonio, Texas to Martha's Vineyard without shelter or resources in place."

According to the lawsuit, DeSantis used about $615,000 in taxpayer dollars to charter the flights to Martha's Vineyard and told the migrants they would arrive in either Washington, D.C., or Boston. The suit also says the migrants were lured into planes with the promise of benefits, including $10 McDonald's gift cards.

[undeadgirlboy]

t shirt that says "I am in Violation of Texas Penal Code § 43.23 F"

[theknittinggoblin]

Sometimes I see something mentioned and my brain smacks me and yells "Hey!! HEY!!! We know fun facts about that!! We gotta tell everyone"

And I have to tell it to chill out because no-one wants that, wtf

Sometimes though the fun fact gremlin wins and everyone gets to learn a little bit about Texas penal code or processing wool for making yarn

[medlinlaw]

The Medlin Law Firm Defense Against Class B Misdemeanor

Anyone charged with a DWI is probably worried about the implications. And if it is your first offense, you are likely to be much more concerned and unaware of the procedure. If you need legal help with your misdemeanor charges, contact a DWI lawyer from The Medlin Law Firm.

DWI is a severe offense in Texas. It implies that the penalties for a DWI are intense and potentially life-changing. If you are convicted, you will face several fines, jail time, probation, driver's license suspension, and other penalties.

Moreover, according to Texas Penal Code 49.01(2), driving while intoxicated by drugs or alcohol, or driving with a Blood Alcohol Concentration (BAC) of 0.08 or above, is illegal.

Most DWI cases are classified as Class B misdemeanors, which require a minimum of three days in prison. The minimum prison sentence is six days if an open container is also discovered in the car.

Certain circumstances might increase the severity of DWI accusations. These additions result in severe consequences, including longer prison time, thousands of dollars in fines, and the loss of fundamental constitutional rights. 

What Is Class B Misdemeanor?

If you have been charged with your first DWI in Texas, a Class B misdemeanor, you may be wondering what consequences you may face. For first-time and repeat offenders, the definition of DWI is the same.

A DWI is driving a vehicle with a blood alcohol level (BAC) of 0.08 or higher. That, however, is not the end of the narrative. If you consume enough alcohol or another intoxicant to impair your "normal use of mental or physical abilities," you can be charged with DWI in Texas. It is true regardless of the results of a breathalyzer test.

Furthermore, Texas Penal Code 49.04 explains the rules of driving while intoxicated. In Texas, operating a motor vehicle in a public place is illegal while drunk.  

Penalties For A Class B DWI 

If convicted of a Class B DWI with a BAC of 0.08%-0.15%, the driver risks the following penalties:

Jail sentence of up to six months.

A fine of up to $4,500 may be imposed.

Suspended driver's license for up to two years.

A DWI intervention or education program is available.

Furthermore, the court may order an ignition interlock device, or IID, to be installed on the driver's car. The IID is a car device that prevents the driver from starting the vehicle if alcohol is detected on their breath.

When the driver tries to start the car, the device will block the signal from the ignition to the starter until the driver blows into the IID and provides a breath sample. The car will start if the equipment does not detect alcohol. The vehicle will not start if the gadget detects alcohol. 

DWI Defenses

A conviction is far from certain even if you failed your breathalyzer and field sobriety tests.

Several issues might arise with the actual breath testing equipment and the processes used to conduct the breath and field sobriety tests. Some of these issues are as follows:

The testing gadget needs to be calibrated or maintained correctly.

The officer did not follow the correct testing method.

At the time of testing, the testing gadget was not functioning correctly.

Your field sobriety test performance was influenced by road or weather conditions.

The Medlin Law Firm DWI attorney can advise you what circumstances, if any, work in your favor and how to use them in your defense.

The state of Texas takes drunk driving very severely. It implies you should also treat any DWI accusations against you seriously. If you've been charged with a Class B DWI, you'll want to get the most significant legal representation available.

The Medlin Law Firm understands Texas DWI regulations, and its attorney is competent in DWI and DUI cases. Contact them for a no-obligation, private consultation.

More information The Medlin Law Firm in BrownBook Driving directions

The Medlin Law Firm 1300 S University Dr # 318 Fort Worth, TX 76107 (682) 204-4066

[conservative-asshole]

Are you familiar with Sinking Feelings, my friend?

Do you want to know how it feels to experience it first hand?

/j

YES PLEASE, COME FIGHT ME UNDER TEXAS PENAL CODE 2206 , MUTUAL COMBAT

[lawofficeofbryanfagan]

Comprehensive Guide to Child Abandonment Laws in Texas

Child abandonment in Texas involves leaving a child without adequate care, exposing them to harm. The child abandonment laws in Texas define these actions and the penalties, which include fines and imprisonment. This article explains what qualifies as child abandonment and the legal consequences. Key Takeaways - Child abandonment in Texas is defined as leaving a child without necessary care, which poses a risk to their safety, potentially leading to severe legal consequences including felony charges. - Legal proceedings for child abandonment require substantial evidence, including proof of absence and lack of support, with the burden of proof shifting between the claiming and accused parent. - Termination of parental rights due to abandonment can occur if a parent has been absent for six months or more, impacting custody arrangements and child support obligations, with non-custodial parents remaining liable for child support despite abandonment. Understanding Child Abandonment Under Texas Law Child abandonment refers to the act of leaving a child in any location without providing the necessary care and supervision. According to Texas law, this act is considered child abandonment when a parent or legal caretaker leaves a child without sufficient care, exposing them to potential harm or danger. The Texas Penal Code further defines abandonment as leaving a child in circumstances where a reasonable person would not do so, thus putting the child’s well-being at risk. Understanding child abandonment laws is crucial for parents and guardians. The law presumes that a person endangers a child if their actions expose the child to imminent danger, including drug-related risks or other hazardous conditions. This presumption underscores the seriousness with which Texas law treats child abandonment, emphasizing the importance of the child’s welfare and safety. Recognizing what qualifies as child abandonment constitutes child abandonment is crucial for navigating the associated legal complexities. This knowledge lays the groundwork for understanding the legal processes and potential consequences for the abandoning parent. Legal Consequences for Child Abandonment in Texas Child abandonment becomes a criminal offense in Texas when it places the child in a situation that poses an unreasonable risk of harm. The legal consequences for child abandonment are severe and can vary depending on the circumstances of the abandonment. If a parent abandons a child with the intent to return, the act is categorized as a state jail felony. However, if the parent abandons the child without any intent to return, it is classified as a third-degree felony. The penalties for a third-degree felony include fines of up to $10,000 and imprisonment for 2 to 10 years. If the abandonment places the child in imminent danger, the charge escalates to a second-degree felony, which carries a penalty of 2 to 20 years of imprisonment and fines up to $10,000. These stringent penalties reflect the state’s commitment to protecting children from neglect and harm. In addition to criminal penalties, child abandonment can result in the termination of parental rights. In Texas, these rights may be involuntarily terminated if a parent abandons their child for at least six months without providing support. Parental rights may still be terminated even if the abandonment period is only three months, provided the parent shows intent not to return. The abandoning parent may still be legally required to pay child support despite the termination of rights. Proving Child Abandonment in Court Proving child abandonment in court requires demonstrating a lack of involvement in the child’s life for at least six months, evidenced by no visits or communication. This can include a parent voluntarily leaving the mother during pregnancy or shortly after childbirth. The burden of proof initially lies with the parent claiming abandonment, who must present evidence of the other parent’s absence and lack of support. Once the claiming parent provides sufficient evidence, the burden shifts to the accused parent to prove that they maintained contact with the child. This legal standard ensures that the child’s welfare is prioritized and that the court can accurately assess the parent-child relationship based on factual evidence. Testimony regarding the absence of contact is crucial in these cases. Custodial parents need to collect and present evidence like records of missed visits and lack of financial support to support their claims. This evidence is crucial for the court to make informed decisions about the child’s best interests. Termination of Parental Rights Due to Abandonment Termination of parental rights is a drastic but sometimes necessary step in cases of child abandonment. Custodial parents can file a Suit Affecting the Parent-Child Relationship (SAPCR) to address custody and support issues following abandonment. This legal action can lead to supervised visitation or complete termination of parental rights for the abandoning parent. Terminating parental rights demands substantial evidence and strong legal representation. Experienced family law attorneys are instrumental in collecting evidence and presenting a compelling case. They ensure all legal documents are correctly prepared and submitted, and they advocate for the child’s best interests. Successful arguments for or against the termination of parental rights hinge on effective court representation. Attorneys assist in navigating the legal system’s complexities, keeping the child’s welfare as the primary focus. Impact on Custody Arrangements and Child Support Child abandonment significantly impacts custody arrangements and child support obligations in Texas. Courts often favor the parent who remains with the child when determining custody in cases of abandonment. This can result in the awarding of sole managing conservatorship to the non-abandoning parent, granting them exclusive decision-making rights regarding the child’s welfare. Abandonment can also lead to modifications in existing custody arrangements. For instance, a custodial parent may seek to modify joint custody agreements to gain sole managing conservatorship if the other parent has abandoned the child. This ensures that the child’s best interests are prioritized and that they receive consistent care and support. The non-custodial parent remains legally obligated to pay child support even after abandonment. The Texas Office of the Attorney General can enforce these orders, even if the abandoning parent is absent. Evidence of emotional or physical danger posed by a parent can also influence custody decisions and support the case for sole custody. Practical Tips for Custodial Parents Custodial parents facing the challenges of child abandonment can benefit from several practical tips and resources. One vital resource is the National Domestic Violence Hotline, which provides safety planning and connections to local services for families experiencing domestic violence. Such resources are crucial for ensuring the safety and well-being of both the child and the custodial parent. Obtaining legal assistance is crucial. A knowledgeable family law attorney can help custodial parents understand their rights and the legal resources available. Legal guidance significantly aids in navigating the complexities of child abandonment cases, ensuring the parent’s and child’s interests are adequately represented. Creating a supportive environment for the child’s well being is critical. Custodial parents should provide stability and support to help their children cope with abandonment’s effects. This includes maintaining open communication and seeking professional help for any emotional or psychological issues the child may face. Consult an Experienced Family Law Attorney Navigating the complex legal process of child abandonment requires a knowledgeable family law attorney. Consulting an attorney helps understand the legal implications and ensures the child’s interests are protected throughout the proceedings. Family law attorneys advocate for the child’s welfare and provide emotional support to clients during this stressful process. Parents facing potential termination of parental rights should seek legal representation to navigate the complex process. Attorneys ensure that all legal documents are correctly prepared and submitted on time, which is vital for the success of the case. They can also facilitate mediation to resolve disputes over parental rights, aiming for agreeable outcomes without a trial. Experienced legal support can significantly impact the outcome of child abandonment cases. Their expertise and advocacy ensure the legal process is handled efficiently, with the child’s welfare as the primary focus. Real-Life Examples and Case Studies Real-life examples and case studies offer valuable insights into the complexities of child abandonment cases. For instance, Georgia’s story, despite her traumatic early life and significant medical challenges, demonstrates the resilience of children who eventually find loving adoptive families. However, Georgia’s journey wasn’t without further difficulties. After her initial recovery, she encountered new challenges in foster care, where she experienced abuse. This highlights the ongoing challenges and emotional impact faced by children from abusive backgrounds. Georgia’s story reflects the complexities of the foster care system and the emotional toll of being separated from both biological and foster parents. These real-life examples emphasize the importance of robust legal and emotional support systems for children and families dealing with abandonment. Resources and Support for Families Families dealing with child abandonment have access to various resources and support systems to help them navigate these challenging situations. Reporting suspected child abandonment is crucial, as failing to do so can lead to criminal charges under Texas law. Organizations like Help and Hope offer services such as parenting skills training, food assistance, and health care for struggling families. Navigate Life Texas provides comprehensive information for families with children who have disabilities or special health care needs. Additionally, the WIC program supports families with young children by providing nutritious food and education on healthy eating. These resources are essential for ensuring families receive the support they need to care for their child’s life. For those seeking low-income housing options, TexasHousers.net is a valuable resource. Access to adequate housing and other support services can make a significant difference in the lives of families dealing with child abandonment, helping them create a nurturing environment for their children under the Texas family code. Summary Understanding child abandonment laws in Texas is crucial for protecting children’s welfare and navigating the legal complexities involved. From the legal definitions and consequences to proving abandonment in court and the impact on custody arrangements, this guide has provided a comprehensive overview of the key aspects of child abandonment laws. If you or someone you know is dealing with child abandonment, it’s essential to seek legal assistance from a knowledgeable family law attorney. By doing so, you can ensure that the child’s best interests are prioritized and that you have the support needed to navigate this challenging situation. Together, we can work towards a future where every child is safe, supported, and loved. Frequently Asked Questions What constitutes child abandonment under Texas law?** **? Child abandonment in Texas is defined as leaving a child without necessary care in circumstances that pose a danger to the child's safety and welfare, where a reasonable person would have ensured the child's well-being. What are the legal consequences of child abandonment in Texas?** **? Child abandonment in Texas can lead to severe legal repercussions, including criminal charges that may result in a state jail felony or third-degree felony, imprisonment, fines, and the possibility of losing parental rights. How can child abandonment affect custody arrangements?** **? Child abandonment can lead courts to favor the non-abandoning parent in custody arrangements, often awarding them sole managing conservatorship to protect the child's best interests. This can significantly alter existing custody agreements. What steps are involved in proving child abandonment in court?** **? To prove child abandonment in court, you must demonstrate that the parent has been uninvolved in the child's life for at least six months, supported by evidence like missed visits and absence of financial support. This evidence must clearly shift the burden of proof to the accused parent to establish abandonment. Why is it important to consult a family law attorney in cases of child abandonment?** **? It's essential to consult a family law attorney in cases of child abandonment to navigate the complex legal system and ensure the child's best interests are prioritized. An attorney can provide effective representation and guidance throughout the process. Read the full article

[nanabanonana]

can't believe this is real

sorry, you've been ejected from texas...we found your seventh dildo

[dankusner]

Is it illegal to walk along a Texas freeway?

According to the Texas Penal Code,

“If a sidewalk is not provided, a pedestrian walking along and on a highway shall walk on the left side of the roadway or the shoulder of the highway facing oncoming traffic, unless the left side of the roadway or the shoulder of the highway facing oncoming traffic is obstructed or unsafe.”

https://statutes.capitol.texas.gov/Docs/TN/htm/TN.552.htm

So you will not be put in handcuffs or fined if you happen to be walking along a freeway.

However, what can be an offense is if one tries to jay walk.