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.

Continue Reading ››

 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.

Continue Reading ››

 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

Continue Reading ››

 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.

Continue Reading ››

 Posted on July 13, 2025 in Drug Charges

Why Texas Law Doesn't Always Require "Ownership" to File Serious Charges

Many people assume you have to be caught selling or handling drugs directly to be charged with trafficking - but in Texas, that's not always the case. Simply driving a vehicle that contains illegal substances can lead to drug trafficking charges, even if you didn't know the drugs were there.

Trafficking Charges Without "Ownership"

Here's the truth: Texas drug laws focus more on care, custody, and control than ownership. If you're in a vehicle where drugs are found - especially large quantities - police may assume you were involved in delivering or distributing them.

This means that even if you didn't know drugs were in the car, you could still be arrested and charged while the case is investigated. Prosecutors may claim you had "constructive possession" - meaning you had control over the vehicle and should have known what was inside.

Common Situations That Lead to Charges:

• Driving someone else's vehicle with drugs hidden inside

Continue Reading ››

 Posted on July 07, 2025 in Drug Charges

What You Need to Know If You're Facing Serious Drug Offenses

Being charged with drug trafficking in Texas is serious - the penalties are harsh, and law enforcement aggressively prosecutes these cases. If you're facing this kind of charge, it's critical to understand what you're up against and what your next steps should be.

What Is Considered Drug Trafficking in Texas?

In Texas, drug trafficking includes the manufacture, delivery, or possession with intent to deliver a controlled substance. This isn't just about large shipments or crossing state lines - even smaller amounts can qualify as trafficking depending on the circumstances and the substance involved.

The law doesn't take into account whether you were selling, sharing, or simply caught with a large amount. If the weight is over a certain threshold or you have a certain paraphernalia indicating intent to share/sell (scale, baggies, etc.), it's assumed you were intending to deliver - and that's when trafficking charges come into play.

Continue Reading ››

 Posted on June 22, 2025 in Uncategorized

Aaron Hernandez had it all-fame, wealth, and a promising NFL career. By the age of 23, he had signed a $40 million contract with the New England Patriots and was known nationwide as one of the league's most gifted tight ends.

But in 2013, the headlines changed-from touchdowns to murder charges. In a matter of months, Hernandez went from star athlete to convicted killer, ultimately dying by suicide in a Massachusetts prison cell.

His case remains one of the most tragic and compelling legal stories in modern sports history.

The Crime That Changed Everything

On June 17, 2013, the body of Odin Lloyd, a semi-pro football player and friend of Hernandez, was found in an industrial park less than a mile from Hernandez's home. Lloyd had been shot six times.

A swift investigation followed, fueled by digital evidence, surveillance footage, and public pressure. On June 26, 2013, Hernandez was arrested and charged with first-degree murder. Just hours later, the Patriots released him.

Continue Reading ››

 Posted on June 16, 2025 in Uncategorized

In Texas, not all murder charges are created equal. While murder is already one of the most serious crimes under state law, certain aggravating factors can elevate a case to capital murder-a charge that carries the possibility of life in prison without parole or the death penalty.

If you or someone you love is facing a capital murder charge, it's critical to understand what that means and how it differs from other types of homicide.

What Is Capital Murder in Texas?

Capital murder is defined under Texas Penal Code § 19.03, and it includes specific circumstances that make a murder especially severe in the eyes of the law. These cases often involve multiple victims, children, law enforcement officers, or other aggravating elements.

When Does a Murder Become Capital Murder?

In Texas, a murder becomes capital murder if any of the following apply:

• The victim was a peace officer or firefighter acting in the line of duty.
• The murder was committed during the commission of another felony or attempt to commit, such as:
  • • Kidnapping

    Continue Reading ››

 Posted on June 09, 2025 in Criminal Defense

Facing a murder charge in Texas is one of the most serious and life-altering legal battles a person can go through. Whether you or a loved one is involved in a case-or you're simply trying to understand the process-knowing what to expect during a murder trial can help prepare you for the road ahead.

Texas follows a structured legal process in murder cases, and each stage is crucial. Here's what you need to know.

1. Arrest and Initial Appearance

After a murder suspect is arrested:

• They are taken to jail and booked.
• They'll appear before a magistrate judge within 48 hours.
• The judge sets bond (or denies it) and informs the accused of their rights and charges.

This stage sets the tone for everything that follows. If bail is denied, the defendant remains in custody through trial.

2. Grand Jury Indictment

In Texas, all felony cases-including murder-must be presented to a grand jury. This is not a public trial but a private proceeding where:

Continue Reading ››

 Posted on June 02, 2025 in Criminal Defense

When someone is killed in Texas, the law doesn't treat every case the same. The circumstances surrounding the death matter-a lot. That's why Texas law breaks down homicide into different categories, with the most common being murder and manslaughter.

While both are serious felony charges, the difference between them can be the deciding factor between life in prison or a reduced sentence. Let's break down what you need to know.

What Is Considered Homicide in Texas?

Under the Texas Penal Code, "homicide" simply means the killing of one person by another. But not all homicides are treated equally in the eyes of the law. There are four types:

• Murder
• Capital Murder
• Manslaughter
• Criminally Negligent Homicide

In this post, we'll focus on the key differences between murder and manslaughter.

Murder in Texas

Legal Definition (Texas Penal Code § 19.02)

Continue Reading ››