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 ››

 Posted on May 26, 2025 in Reputation Management

In today's sports world, headlines travel faster than facts. For professional athletes, a single accusation-even without a charge-can lead to a loss of endorsements, suspension, damaged relationships, and irreparable harm to a brand they've spent years building. And when you're innocent, that makes the hit even harder.

At Barbieri Law Firm, we represent athletes who find themselves in high-pressure legal situations where the court of public opinion moves faster than the justice system. If you're a current or former athlete facing a criminal investigation, here's what you need to know to protect your career, your name, and your future.

1. Understand That Perception Is Reality in the Sports World

Whether you play in the NFL, at the college level, or in a local spotlight, your name is a brand. When news breaks that you're under investigation-even without charges-your school, team, league, sponsors, and fans start forming opinions.

Continue Reading ››

 Posted on May 19, 2025 in False Allegations

False criminal accusations are devastating-but what if your accuser finally admits the truth? Whether it's a recantation during court proceedings or a private confession after the damage has been done, the truth coming out can feel like a major victory. And it is. But it doesn't necessarily mean the nightmare is over.

At Barbieri Law Firm, we've helped clients navigate this exact scenario. Here's what you need to know if your accuser admits they lied-and how you can take action to protect yourself and move forward.

A Recantation Doesn't Automatically Dismiss the Case

One of the most frustrating realities of the legal system is this: even if someone admits they made a false accusation, prosecutors are not required to drop the charges. The case belongs to the state, not the accuser.

Prosecutors may:

• Question the credibility of the recantation
• Continue the case if other evidence exists
• Use the original statement as more reliable than the recantation

Continue Reading ››

 Posted on May 12, 2025 in False Allegations

Few things in life are more devastating than being falsely accused of a crime. Whether it was a case of mistaken identity, a malicious lie, or a misunderstanding that spiraled out of control, the damage can feel irreversible. Even after charges are dropped or you're found not guilty, the emotional, professional, and personal fallout can linger long after the courtroom doors close.

At Barbieri Law Firm, we've walked this road with clients-and we know that reclaiming your life is possible. It takes time, support, and strategy. Here's how to start rebuilding:

1. Focus on Healing First

Being accused of a crime you didn't commit is traumatic. You may feel angry, betrayed, anxious, or even numb. Before you tackle anything else, give yourself space to process and heal. Consider talking with a therapist who specializes in trauma or legal injustice. Mental health isn't just part of recovery-it's the foundation.

2. Clear Your Name (Officially)

Continue Reading ››

 Posted on May 05, 2025 in Domestic Violence

Domestic violence is a serious issue-and so are false allegations. At Barbieri Law Firm, we've seen firsthand how a single accusation can flip someone's entire life upside down. Jobs, reputations, and even freedom are on the line the moment those words are spoken, regardless of whether the claims are true. If you've been falsely accused, know this: you are not alone, and you are not powerless.

Why False Allegations Happen

False accusations of domestic violence can come from a range of motives-revenge, custody battles, divorce disputes, or simply emotional retaliation. Unfortunately, the system often operates on a "better safe than sorry" mindset, which means you could find yourself arrested or hit with a protective order before you've had the chance to defend yourself.

What to Do If You're Accused

If someone falsely accuses you of domestic violence, your first instinct might be to try and talk things out. Don't. Here's what you should do instead:

Continue Reading ››