Supporting Your Loved One During Legal Troubles

 Posted on July 19, 2023 in Criminal Defense

Discovering that a loved one has been arrested can be a scary and worrisome experience. It is normal to feel denial or fear when getting such disrupting news. Your first question may be how and why did this happen? Your second question is probably how can you help? Ensuring your loved one enlists the help of a criminal defense attorney immediately is a good first step. As Texas-based criminal defense attorneys, we will provide guidance on how you can support your loved one dealing with legal problems and offer advice on navigating this troubling time.

Stay Calm and Supportive

First and foremost, it is crucial to remain calm and composed when your loved one is facing an arrest and/or legal charges. They need your support and understanding during this challenging time. Assure them that you are there for them and that you will do everything you can to help them through the process.

Encourage Open Communication

Maintain open lines of communication with your loved one. Encourage them to share their concerns, fears, and questions with you. Listen attentively and non-judgmentally, offering empathy and reassurance. Providing a safe space for them to express their emotions can help alleviate some of the stress they may be experiencing.

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Understanding Romeo and Juliet Laws in Texas

 Posted on July 10, 2023 in Criminal Defense

The Legality of Dating Someone Under 18

In Texas, the age of consent is 17 years old. However, it's crucial to understand that engaging in any sexual activity with a person under the age of 17, even with their consent, can still be considered illegal. Romeo and Juliet laws provide certain exceptions for consensual relationships between minors and adults, taking into account the age difference and the age of the minor It's important to navigate the legal landscape carefully.

As criminal defense attorneys in Texas, we can explain the insights into these laws, the rights of the minor, the rights of their parents, and the legal boundaries surrounding such relationships.

Rights of the Minor

Under Texas law, minors have the right to make certain decisions regarding their personal relationships. If a minor is at least 17 years old, they have the legal ability to consent to sexual activity with a partner who is no more than three years older than them, given that the relationship is consensual. It is important for minors to understand their rights and the limitations imposed by the law to avoid potential legal consequences.

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A Guide to Protecting Your Rights During an Arrest

 Posted on July 10, 2023 in Criminal Defense

Being arrested can certainly be an intimidating and overwhelming experience. In such a situation, it is crucial for you to be aware of your rights and understand how to protect yourself legally. As criminal defense attorneys, we aim to shed light on the rights that citizens possess during an arrest and provide valuable guidance on what to do and what not to do in this scenario.

Here are six things to remember if you find yourself facing an arrest:

Invoke Your Right to an Attorney

One of the most vital rights you have when arrested is the right to an attorney. It is essential to exercise this right immediately. When you are arrested, politely inform the arresting officers that you would like to speak with your attorney before answering any questions. Remember, this request is your constitutional right, and it is important to assert it to safeguard your interests.

Be Mindful of Your Actions and Words

During an arrest, it is essential to remain calm and composed, despite the stress and anxiety that may arise. While it is natural to feel agitated or upset, it is crucial to avoid aggressive or confrontational behavior. Cooperate with the arresting officers to the extent required by law, but refrain from volunteering any information or making any self-incriminating statements without the advice of a legal professional.

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What is “Pleading the Fifth”?

 Posted on July 07, 2023 in Criminal Defense

When someone pleads the Fifth, they invoke their right to remain silent and avoid possible self-incrimination. Imagine you find yourself in a precarious legal situation, perhaps a criminal investigation or trial. As pressure mounts, you wonder whether you should "plead the Fifth." But what does this term mean, and is it a suitable option for your particular situation? This common phrase carries significant weight in legal proceedings, and understanding its implications could have a profound impact on your case.

The Constitutional Origin of "Pleading the Fifth"

"Pleading the Fifth" is a term we often hear in the media, but what does it actually mean? This phrase refers to the Fifth Amendment of the U.S. Constitution, which protects an individual's right to avoid self-incrimination. Essentially, by "pleading the Fifth," a person can choose not to answer a question in court, particularly if the response could potentially imply guilt or illegal behavior.

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What to do if You are Being Investigated for Indecent Exposure

 Posted on June 07, 2023 in Criminal Defense

Being investigated for indecent exposure can be a daunting experience. If you or someone you know is facing this allegation in Texas, it is important to understand the laws and potential consequences, as well as how a criminal defense attorney can help.In Texas, indecent exposure is defined as the intentional exposure of one's genitals in a public place or in a manner that is likely to be seen by others who are in a public place. The offense is classified as a Class B misdemeanor, punishable by up to 180 days in jail and a fine of up to $2,000.

However, if the offense is committed in the presence of a child under the age of 18, or if the defendant has a prior conviction for indecent exposure, the offense is elevated to a Class A misdemeanor, which carries a penalty of up to one year in jail and a fine of up to $4,000.

If convicted, a person may also be required to register as a sex offender, which can have long-lasting consequences on their personal and professional life.

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Revenge Porn

 Posted on June 07, 2023 in Criminal Defense

In recent years, the issue of "revenge porn" has gained significant attention due to the rise of technology and social media platforms. Revenge porn, or Unlawful Disclosure of Intimate Visual Material, is the act of sharing sexually explicit images or videos of a person without their consent. This offense is usually committed by an ex-partner or acquaintance. This type of behavior is not only illegal but also a violation of a person's privacy and dignity.

Texas is one of the states that has enacted laws specifically addressing "revenge porn." In Texas, it is a criminal offense to distribute intimate visual material, which is defined as any visual material depicting a person engaged in sexual conduct or with their intimate parts exposed, and that was created under circumstances in which the person had a reasonable expectation of privacy.

Under Texas law, a person can be charged with a third-degree felony for distributing intimate visual material without consent. A conviction for this offense could result in a prison sentence of up to 10 years and/or a fine of up to $10,000. Furthermore, if the victim in the case is a minor, the charges could be elevated to a second-degree felony, which carries a maximum prison sentence of 20 years.

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What To Know About Expungements In Texas

 Posted on April 27, 2023 in Criminal Defense

Having a criminal record can have a significant impact on your future. It can limit your job prospects, your ability to rent an apartment, and even your ability to obtain a loan. If you have a criminal record in Texas, it is essential to understand how it can affect your future and what you can do to minimize the impact.

In Texas, a criminal record can be expunged or sealed under certain circumstances. Expungement means that your criminal record is erased as if it never existed, while sealing means that your record is hidden from the public but still exists. The process of expungement is not automatic, and it oftentimes requires the assistance of a criminal defense attorney.

Expungement is available to individuals who have been arrested for a crime but were not charged, had their case dismissed due to lack of evidence (and so long as the statute of limitations has run), or were acquitted of the charges. If you were convicted of a crime, you may be eligible for expungement if you received a pardon or if you were declared actually innocent of the crime, but those are extremely limited exceptions.

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The Consequences of Stalking in Texas

 Posted on January 24, 2023 in Criminal Defense

The Texas Penal Code defines stalking as the act of deliberately and repeatedly following or harassing another person, causing that person to feel fearful for their safety. It's a serious crime - much more than one would expect - and it comes with serious consequences. Our attorneys are experienced in stalking cases, and we can help.

How is stalking defined?

Stalking is a crime that can occur in a variety of ways, including:

• Following someone around or showing up at their home or workplace uninvited.
• Repeatedly calling, emailing, texting, mailing letters or gifts to someone.
• Sending unwanted messages through social media sites like Facebook and Twitter.

It can also include other threatening or intrusive behaviors such as:

• Using any kind of technology (such as a computer) to harass another person by posting harmful information about them online;
• Sending pornographic images of yourself to someone without their consent.

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Barbieri Law Firm Founding Attorney Heather Barbieri Featured in D Magazine

 Posted on September 30, 2022 in News

Recently, D Magazine, an independent magazine that covers news impacting Dallas area residents and businesses, profiled Barbieri Law Firm's founding attorney Heather Barbieri. The article highlights Heather and the Barbieri Law Firm, focusing on the importance of the work that we do. Our entire team is proud of Attorney Barbieri and happy to see that she is getting the recognition she deserves. We look forward to more people learning about Heather Barbieri and Barbieri Law Firm, so that we may connect with more people who need our help.

D Magazine Profile Highlights Attorney Barbieri's Work as a Criminal Defense Lawyer and Leader in the Dallas Legal Community

Every year, D Magazine spotlights the Leaders in Law who have raised the bar inside the Dallas legal community, recognizing "stand-outs from the area's most reputable law firms" who are "committed to being a leader in their field." That is certainly Heather. The article discusses Attorney Barbieri founding Barbieri Law Firm and her role as CEO, specifically touching on Heather's many accolades, as well as the awards that Barbieri Law Firm has racked up over the years.

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What Should I Know About the Federal Sentencing Guidelines?

 Posted on July 05, 2021 in Criminal Defense

There are many differences between US state court and US federal court. One of the major differences between the two is the existence of the Federal Sentencing Guidelines. Essentially, the Federal Sentencing Guidelines is the document most used to mete out punishments for individuals the courts convicted of federal crimes.

These guidelines intend to ensure that the federal judges impose consistent and fair sentences on those the courts deemed guilty of federal crimes. According to the United States Sentencing Commission, lawmakers put forth the current sentencing table in 1987 and contains 6 levels of offenses.

HOW DOES IT WORK?

The Federal Sentencing Guidelines only apply to federal felonies or Class A misdemeanors. Lesser felonies do not use the Federal Sentencing Guidelines. Overall, there are 43 different offense levels that exist within the guidelines. The higher the level of the offense, the more severe the crime is and the longer the prison sentence associated with the crime is.

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