Posted on September 29, 2025 in Criminal Defense

When your future is on the line, experience matters. There’s one type of experience that gives a criminal defense attorney a true unique advantage: time spent as a prosecutor.

At Barbieri Law Firm, our team includes former prosecutors who know the system inside and out. That insider perspective allows us to anticipate the other side’s moves and build a defense strategy designed to win.

In this blog, we’ll explain why having a former prosecutor on your defense team can make a critical difference and how their background shapes the outcome of your case.

Why a Prosecutor’s Perspective Matters

Prosecutors have one job, to convict. To do that, they develop strategies, assess weaknesses in cases, and learn how to present evidence convincingly to a judge or jury. When a lawyer has been on that side of the courtroom, they know:

• What evidence the prosecution needs to secure a conviction
• Where cases often fall apart and why
• Which arguments persuade juries and which don’t

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 Posted on September 22, 2025 in Criminal Defense

False allegations of sexual assault can turn a student’s world upside down in an instant. In the current climate, where universities and public opinion often take a "believe the victim" stance, a single accusation can jeopardize your education, future career, and reputation even before the truth comes out.

At Barbieri Law Firm, we’ve seen how devastating these cases can be for students and their families. That’s why understanding how to defend against false allegations in sexual assault cases in critical. In this blog, we’ll explain what you need to know, what steps to take immediately, and why experienced legal representation can make all the difference.

Why False Allegations Happen and Why They’re So Dangerous

False accusations are rare, but they do happen. They can stem from misunderstandings, regret, peer pressure, relationship conflicts, or even malicious intent. For college students, the stakes are even higher because:

• Campus disciplinary systems move fast before the criminal justice process even begins

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 Posted on September 19, 2025 in Criminal Defense

When someone is accused of a crime in Texas, the stakes could not be higher. Their freedom, future, and reputation are on the line. In these cases, the defense attorney’s job is not only to challenge the prosecution’s case but also to bring clarity to evidence that is often complex, technical, or scientific. That’s where expert witnesses play a critical role.

In criminal defense, an expert witness can be the difference between conviction and acquittal. Their testimony may help a jury see reasonable doubt, reveal flaws in the state’s evidence, or provide insight that changes the course of a case. But what exactly does an expert witness do, and why are they so important in Texas criminal defense cases?

This article explains the role of expert witnesses, when and how they are used, and why their involvement can make or break a case.

What Is an Expert Witness?

In the simplest terms, an expert witness is someone with specialized knowledge, training, or experience in a field that relates to the evidence in a criminal case. Unlike regular witnesses, experts don’t just testify to what they personally observed. Instead, they interpret complex information and provide opinions that help the jury understand technical evidence.

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 Posted on September 03, 2025 in Uncategorized

When a young person is accused of a crime in Texas, families face an overwhelming reality: what happens next depends not just on the facts of the case, but on whether the charges are handled in juvenile court or adult court.

This distinction can mean the difference between a future preserved and a life permanently altered. At Barbieri Law Firm, we've seen firsthand how critical it is to understand this line - and to act quickly when it's crossed.

In this article, we'll break down the differences between juvenile and adult charges in Texas, when a child can be certified as an adult, and what parents need to do to protect their child's rights and future.

The Age Divide in Texas Criminal Law

Texas law draws a firm line at age 17.

• Juvenile Court: ages 10–16
• Adult Court: age 17 and older

This means that a 17-year-old high school student will not be treated as a juvenile, even if they're still living at home and dependent on their parents. At that age, the law considers them an adult for criminal purposes - facing the same penalties, public record exposure, and collateral consequences as any adult defendant.

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 Posted on August 25, 2025 in Criminal Defense

When a professional athlete faces criminal charges, the stakes extend far beyond the courtroom. Their reputation, career, endorsements, and future opportunities can all be on the line. If a conviction occurs, appealing the decision may be the athlete's best chance to protect their legacy and livelihood. But the appeal process is complex - especially for athletes under intense public and media scrutiny.

At Barbieri Law Firm, we specialize in defending athletes through every stage of the legal system, including appeals. Here's what athletes need to know about navigating the appellate process in Texas.

Understanding the Appeal: It's Not a Retrial

An appeal isn't a do-over of the trial or a chance to present new evidence. Instead, appellate courts review whether legal errors occurred during the original trial that were serious enough to affect the outcome. These could include improper jury instructions, incorrect admission of evidence, or constitutional violations.

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 Posted on August 18, 2025 in Criminal Defense

Getting your criminal case dismissed feels like a victory - but many people worry: Can the case be reopened? The answer isn't always simple. In Texas, whether a dismissed case can come back depends on the type of dismissal and the circumstances.

At Barbieri Law Firm, we help clients understand their rights after a dismissal and protect them from unexpected legal surprises. Here's what Texas law says about reopening cases.

Types of Dismissals and What They Mean

• Dismissal With Prejudice: This is a final decision. The case is closed permanently, and the prosecution cannot bring it back.
• Dismissal Without Prejudice: This means the case is dismissed for now, but the prosecutor can refile charges if new evidence emerges or they decide to proceed.

When Can a Dismissed Case Be Reopened?

Cases dismissed without prejudice can be reopened, sometimes even months or years later, especially if:

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 Posted on August 11, 2025 in Criminal Defense

When your case is dismissed, it can feel like a huge relief. But many people don't realize that a dismissal doesn't always mean the end of legal troubles. In Texas, the impact of a case dismissal on your criminal record and future opportunities can vary - and knowing the details can help you protect your rights and your reputation.

At Barbieri Law Firm, we help clients navigate the complexities of dismissals and what they really mean. Here's what you need to know.

What Is a Case Dismissal?

A dismissal means the court has decided to end the case before it goes to trial or before a verdict is reached. This can happen for many reasons, including:

• Lack of sufficient evidence
• Witnesses failing to appear
• Prosecutor's decision not to proceed
• Procedural errors or violations

Dismissals can be either "with prejudice" or "without prejudice" - which have very different legal meanings.

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 Posted on August 07, 2025 in Criminal Defense

Being convicted of a sex crime in Texas can change your life in an instant. Between the possibility of prison time, mandatory registration as a sex offender, and the social stigma that follows, the impact is overwhelming. But a conviction is not always the final word. If legal errors or constitutional violations occurred during your trial, you may have grounds to appeal - and that appeal could mean a second chance at justice.

At Barbieri Law Firm, we understand the complexity and gravity of sex crime cases. Here's what you need to know about appealing a conviction in Texas.

What Is an Appeal - and What It Isn't

An appeal is not a retrial or a chance to present new evidence. Instead, it's a legal process where a higher court (the appellate court) reviews the trial court's proceedings for significant legal errors. These errors must have affected the outcome of your case in order to justify overturning a conviction or ordering a new trial.

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 Posted on July 28, 2025 in Criminal Defense

How Drug Charges Can Impact Your Athletic Career and Freedom

For athletes, possession of performance-enhancing drugs (PEDs) or prescription pills without a valid prescription isn't just a legal issue - it's a potential career-ender. Whether it's steroids, Adderall, painkillers, or testosterone, being caught can bring serious legal consequences and put your future in jeopardy.

Understanding the Law: What's Illegal?

In Texas, possession of any controlled substance without a prescription is a crime - even if it's a medication prescribed to someone else. This includes:

• Adderall and other stimulants
• Opioid painkillers like oxycodone
• Steroids and testosterone
• Anti-anxiety meds like Xanax

Performance-enhancing drugs like steroids fall under strict regulation. Possession can lead to misdemeanor or felony charges, especially if law enforcement suspects intent to distribute.

Why Athletes Are at Higher Risk

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 Posted on July 21, 2025 in Criminal Defense

Why the Line Between a Misdemeanor and a Felony Might Be Thinner Than You Think

When you're facing a drug-related charge in Texas, the difference between possession and trafficking can be the difference between probation and decades in prison. It's one of the most misunderstood areas of criminal law - and one of the most important to get right when building a defense.

What Is Drug Possession?

Drug possession means you're accused of knowingly having a controlled substance for personal use. This could be something as simple as a small amount of marijuana or a few prescription pills without a prescription.

Possession charges in Texas are typically based on:

• The amount of the drug
• Whether you had it for personal use or to distribute
• The type of drug (penalty group)

Possession charges can range from a misdemeanor to a felony, depending on the drug and quantity.

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