Posted on March 17, 2025 in Juvenile Justice

A juvenile record can follow a child into adulthood, impacting many aspects of their future. Although the juvenile justice system is designed with rehabilitation in mind, the long-term consequences of a criminal record can be significant. Fortunately, Texas law offers a path to sealing juvenile records, giving young individuals the chance to move on from past mistakes and pursue a brighter future. In this blog, we explore how a juvenile record can affect your child and how sealing it can help protect their opportunities.

The Unseen Consequences of a Juvenile Record

Even though juvenile offenses are handled differently than adult crimes, a juvenile record can still carry hidden consequences. These long-term effects can influence a child's opportunities as they transition into adulthood. Below are some areas where a juvenile record may create obstacles:

1. Higher Education: College admissions processes can be more competitive, and many institutions ask applicants if they have a criminal history. Although juvenile records are not automatically accessible to the public, some universities may inquire about past offenses. A juvenile record can impact your child's chances of being admitted, particularly to schools with strict background check policies.

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 Posted on March 12, 2025 in Criminal Defense

The criminal justice system differentiates between juveniles and adults, establishing separate court systems with distinct rules, procedures, and objectives. While both aim to uphold justice, their approaches reflect different philosophies. Below, we explore the key differences between the juvenile and adult court systems, with a focus on Texas law.

1. Foundational Philosophies

Juvenile Court System: The primary focus of the juvenile justice system is rehabilitation rather than punishment. Because juveniles are considered more capable of change, the system emphasizes education, therapy, and reintegration into society.

Adult Court System: In contrast, the adult court system operates under a model of accountability and deterrence. While rehabilitation may still be a factor, the primary goal is to impose consequences that reflect the severity of the offense.

2. Age and Legal Classification

Juvenile Court: Generally, individuals under the age of 17 are classified as juveniles in Texas, unlike the federal standard of 18. The juvenile system addresses offenses committed by minors, ranging from status offenses (e.g., truancy) to serious felonies.

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 Posted on February 10, 2025 in Criminal Defense

Being accused of a sex crime in Texas is a life-altering event. At Barbieri Law Firm, we understand the fear, uncertainty, and urgency you're experiencing. With your reputation, freedom, and future on the line, taking immediate and strategic action is crucial. Our fearless advocates are here to guide you through this challenging time and provide the relentless defense you need.

What Constitutes a Sex Crime in Texas?

Sex crimes in Texas cover a broad range of offenses under the Texas Penal Code. Some of the most common include:

• Sexual Assault (Texas Penal Code § 22.011) - This involves engaging in non-consensual sexual activity through force, coercion, or manipulation

• Indecent Assault (Texas Penal Code § 22.012) - Involves unwanted sexual contact without consent, often categorized as a lesser offense than sexual assault but still carrying significant penalites.

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 Posted on January 08, 2025 in Drug Charges

Drug Possession vs. Delivery and Manufacture of Controlled Substance in Texas: Key Legal Insights

Understanding the difference between drug possession vs delivery and manufacture of controlled substances in Texas is crucial if you or someone you know is facing drug-related charges. These terms are not interchangeable, and the penalties vary based on the specifics of the case. At Barbieri Law Firm, we bring decades of experience and board-certified expertise to each case, ensuring our clients receive top-tier representation tailored to their unique circumstances.

In this blog, we will cover the differences between drug possession vs delivery and manufacture of controlled substances in Texas and how Barbieri Law Firm can help if you find yourself facing one of these charges.

What Constitutes Drug Possession?

In Texas, drug possession refers to the care, custody, control, or management of a controlled substance. It's categorized by factors such as the type of substance, quantity, and the circumstances surrounding the possession.

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 Posted on November 28, 2024 in Criminal Defense

There are many fears associated with being convicted of a sex crime. Prison, fines, and the destruction of your reputation are probably weighing heavily on your mind. One issue that is unique to sex crimes is the public nature of the criminal activity due to the sex offender registry.

The sex offender registry is a publicly accessible database that shares your identity, address, and details of your conviction. At Barbieri Law Firm, we seek to safeguard the rights and reputations of our clients, and we know the extreme burden that the sex offender registry puts on people who are convicted.

This blog helps you understand the specifics of the sex offender registry and the importance of having competent representation to help keep you off it.

What Is The Sex Offender Registry?

In Texas, the sex offender registry is designed to keep track of registered sex offenders within the state and notify the public of their proximity to a registered sex offender. Both adult and juvenile sex offenders are required to register with their local law enforcement. You must still register as a sex offender even if you are moving to Texas for the first time and your conviction happened in another state, or even if you were in the military or overseas at the time of the offense.

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 Posted on November 01, 2024 in Criminal Defense

In our society, one of the worst things someone can be accused of is hurting children. If a person is accused of sexually exploiting a child, like having child pornography, many people might think they are guilty even before a trial happens. If you are charged with having child sexual abuse materials (CSAM), you might feel scared, but you still have the right to a fair trial. At Barbieri Law Firm, we believe you are innocent until proven guilty.

If you are found with CSAM, commonly called child porn, you could face serious charges and may have to register as a sex offender for life. There are different levels of these charges, but all of them can greatly impact your life and ruin your dreams for the future.

In this blog, we have gathered information about charges related to CSAM possession and what you can expect if you go to court. We also talk about some possible defenses you can use in your case.

What Is CSAM?

Child sexual abuse materials (CSAM), also known as child pornography, are graphic images depicting the sexual exploitation of children.

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 Posted on August 29, 2024 in Criminal Defense

The Role of Consent in Texas Sex Crimes



Why Consent Matters in Sex Crime Charges

In the complex landscape of Texas law, understanding the pivotal role of consent in sex crime allegations is crucial. Consent is not just a word; it's the boundary that defines legal interactions from criminal offenses. This becomes especially significant in Dallas, where the interpretation of these laws directly impacts the lives of individuals involved in such cases.

Navigating the nuances of consent can be daunting. It's essential to recognize how Texas defines and applies consent within the judicial system to better protect oneself legally. Consent often plays an important role in determining whether an act is legally considered a crime - regardless of the specific sex offense.

This blog aims to shed light on the legal intricacies of consent in sex crimes in Texas, providing clarity and support to those who find themselves at the intersection of accusation and defense. Here, we will explore the legal framework, statutes, and the critical importance of understanding consent from multiple perspectives.

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 Posted on August 07, 2024 in Criminal Defense

When most people hear the term "fake ID," they likely envision a teenager or college student attempting to buy alcohol for friends. At Barbieri Law Firm, we've seen firsthand the legal troubles that can result from such scenarios.

While many associate fake IDs with minors purchasing alcohol, this is not the only context in which they are used. In this guide, you'll find a comprehensive breakdown of what constitutes a fake ID, the connection between fake ID and underage drinking laws, the consequences of using a fake ID, and common scenarios involving the use of one. Understanding these aspects is crucial for recognizing the severity of using fake identification and navigating the legal system if charged.

What Constitutes a Fake ID in Texas?

In Texas, charges related to fake IDs can arise under four main statutes addressing the false representation of identity. Two of these statutes are found in the Texas Transportation Code, while the other two are located in the Texas Penal Code and the Texas Alcoholic Beverage Code.

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 Posted on July 17, 2024 in Criminal Defense

When it comes to punishment in Texas, there is often a misconception about the differences between probation vs parole. While both systems intend to rehabilitate individuals convicted of crimes through community supervision, there are key differences. This guide will lay out those differences while also examining their intended functions, oversight, and the associated process individuals placed on parole or probation in Texas must follow.

Probation in Texas: An Alternative to Incarceration

Probation serves as an alternative to incarceration for individuals found guilty of or who plead guilty to misdemeanors or felonies. Instead of serving time in jail, eligible defendants are allowed to remain in the community under supervision. The court imposes a set of conditions that the probationer must follow, which are agreed upon and signed by the offender.

For instance, someone found guilty of or who pleads guilty to a first-time DWI/DUI might be placed on probation or receive deferred instead of serving jail time. Their probation terms could include attending alcohol education classes, completing community service, regularly reporting to a probation officer, and avoiding any further legal trouble. Another example is a person found guilty of or who pleads guilty to petty theft who might be required to pay restitution to the victim, attend theft prevention programs, and maintain steady employment while on probation.

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 Posted on July 09, 2024 in Criminal Defense

Why Solicitation of a Minor Charges in Texas Are Serious

When it comes to sex crimes in the state of Texas, the legal system takes an extremely hard line. Charges related to the solicitation of a minor are no exception.

The penalties for solicitation of a minor in Texas are severe, often including lengthy prison sentences, massive fines, and a lifetime designation as a registered sex offender. Even if you manage to avoid jail time, a solicitation charge can impact your future. This can make it difficult to find employment, secure housing, or rebuild your life. Beyond the legal consequences, these allegations also come with a social stigma that can negatively impact your relationships and reputation.

This is why it's crucial that you take these charges seriously from the very beginning. Trying to navigate the system on your own, or hoping the accusations will simply go away, can hurt you more than you think.

Importance of Hiring a Criminal Defense Attorney

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