Posted on April 16, 2024 in Criminal Defense

We are committed to providing comprehensive legal insights on emerging issues in criminal defense. The recent implementation of The Athena Alert in Texas has sparked significant discussion and debate within the legal community.

The Athena Alert is a system designed to address cases of missing or exploited children. While the initiative's primary goal is undoubtedly commendable, it is essential to recognize that its implementation has also raised complex legal considerations. Under The Athena Alert, individuals who are suspected of being involved in crimes against children may face heightened scrutiny and expedited legal processes.

From a legal standpoint, it is crucial to uphold the principle of due process and ensure that individuals facing charges related to The Athena Alert are afforded fair and impartial treatment under the law. The potential for heightened public scrutiny and media attention surrounding these cases further underscores the importance of a robust and unwavering legal defense.

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 Posted on April 10, 2024 in Criminal Defense

At Barbieri Law, we are committed to advocating for the rights of those accused under the new legislation aimed at combating the exploitation and trafficking of children in Texas. Our dedication to providing robust defense strategies is unwavering, and we understand the importance of approaching these cases with sensitivity and a thorough understanding of the legal complexities involved.

The recent legislative changes significantly enhance penalties for trafficking offenses committed within proximity to establishments that interact with children. While the state's determination to crack down on crimes against children is commendable, it's crucial to ensure that those accused receive fair treatment and a vigorous defense.

As experienced criminal defense attorneys, we recognize the gravity of allegations related to trafficking offenses, particularly when children are involved. Our team is dedicated to navigating the intricacies of the legal system and advocating tirelessly for the rights of our clients under these new legal provisions.

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 Posted on April 03, 2024 in Family Violence

Texas recently implemented changes to its legislation regarding the statute of limitations for prosecuting family violence crimes. While proponents of these changes argue they serve the interests of justice, it's imperative to recognize the potential drawbacks, particularly for the defense.

Under the previous law, prosecutors faced strict time constraints when pursuing charges against individuals accused of family violence. Misdemeanor family violence charges were limited to a two-year statute of limitations, while felony family violence charges had a three-year limitation. With the recent legislative amendments, these limitations have been extended, granting prosecutors a wider window to bring charges.

Now, misdemeanor family violence cases have a statute of limitations of three years, while felony cases have been extended to five years. This may appear beneficial for prosecuting such cases, but it raises concerns regarding fairness and due process for the accused.

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 Posted on April 01, 2024 in News

FOR IMMEDIATE RELEASE

PLANO, TX (April 1, 2024) - Barbieri Law is proud to announce the newest addition to its team of distinguished legal professionals, Senior Trial Attorney Carrie Thomas. With a wealth of experience garnered from her years as a prosecutor, Carrie brings stealth expertise and insight to the firm, solidifying Barbieri Law's commitment to providing top-tier criminal defense representation.

Upon graduating from SMU Dedman School of Law with honors, Carrie embarked on an illustrious career with the Collin County District Attorney's Office, where she honed her skills across various divisions, including Misdemeanor, Felony, Domestic Violence, Crimes Against Children, Child Exploitation, and Grand Jury. Her unwavering dedication and exceptional trial acumen propelled her to the esteemed position of Chief Felony Prosecutor.

Throughout her career, Carrie has been a beacon of excellence, handling hundreds of cases with precision and integrity. Specializing in sex crimes, child exploitation, and abuse, as well as domestic violence, Carrie has earned a reputation as a formidable trial attorney, respected by colleagues and adversaries alike.

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 Posted on March 12, 2024 in Criminal Defense

In Texas, the legal landscape surrounding the provision of providing alcohol to minors has just undergone a significant change with the enactment of new legislation. While it has long been illegal to provide alcohol to individuals under the age of 21, the consequences for doing so have now been heightened in cases where serious bodily injury or death occurs as a result.

Under existing law, providing alcohol to a minor is classified as a Class A misdemeanor, carrying penalties such as fines and potential imprisonment. However, the introduction of this new legislation elevates the severity of the offense when the consumption of alcohol by a minor leads to serious harm or fatality.

The implications of this legislative update are clear: individuals who provide alcohol to minors must now reckon with the possibility of facing state jail felony charges if their actions result in another person suffering serious bodily injury or death. This means potentially facing six months to 2 years in a state jail facility, in addition to a maximum fine of $10,000.

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 Posted on February 27, 2024 in Criminal Defense

In an era of pervasive digital communication, relationships have increasingly moved online, especially among young people. This shift has brought new challenges, particularly in intimate relationships. When these relationships sour, there's a growing concern about the misuse of personal images or videos.

Sharing or even possessing certain types of images involving minors can be prosecuted as revenge child sexual abuse material (CSAM), which is a felony in Texas. If your child has been accused of engaging in CSAM or another sexual crime, it is important to take quick action to protect your child's rights and their future. At Barbieri Law Firm, we're committed to protecting those accused of difficult crimes, and we believe every client deserves our utmost empathy and tenacity. We leverage decades of experience to fight relentlessly until we reach a positive outcome.

Understanding Revenge CSAM and Its Effects

Revenge porn involves the distribution of sexually explicit material without the consent of the person depicted, often as an act of retaliation or control. For those involved, this can have devastating effects on not only mental and emotional well-being but personal reputations and future prospects. When revenge porn occurs between adults, the offense is often prosecuted as a misdemeanor.

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 Posted on February 24, 2024 in Criminal Defense

While there's no disputing the fact that child abuse is wrong and we know it happens far too often, the legislature's attempt to avoid such abuse may soon be very heavily disputed. Texas lawmakers enacted a statute that penalizes actions considered to be "child grooming," which is a process by which an adult manipulates a child into trusting them so that the child can be sexually exploited or abused more readily.

However, the law is broad and vague and subject to multiple interpretations. It is quite possible for a caregiver engaging in normal activities with a child to be charged with this new offense. And grooming is penalized as a serious felony, so it is important for everyone who works with children to understand the need to exercise caution and to take steps to defend their rights if someone makes accusations about "grooming" behavior.

Child Grooming is Considered an Inchoate Offense

The new child grooming statute is set forth in Section 15.032 of the Texas Penal Code along with other offenses considered to be inchoate. These are crimes involving partial completion of an illegal act. Conspiracy is one example, and attempt is another. Taking steps to complete a crime can constitute a crime even if the originally intended crime is never completed.

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 Posted on February 22, 2024 in Criminal Defense

With the recent amendment to Section 22.041 of the Texas Penal Code, which expands the scope of protection to include elderly and disabled individuals, it's essential to understand the implications of this legislative change from the perspective of a criminal defense law firm.

This amendment extends legal safeguards to elderly and disabled individuals, ensuring that they are afforded the same protections against abandonment and endangerment as children. Under the revised statute, individuals who knowingly abandon or endanger elderly or disabled persons can face serious legal consequences, including criminal charges and penalties.

As a criminal defense law firm committed to upholding justice and defending the rights of the accused, Barbieri Law recognizes the complexities surrounding allegations related to abandonment and endangerment of vulnerable individuals. Our experienced legal team is prepared to provide strong and strategic defense for individuals facing charges under this amended statute, ensuring that their rights are protected throughout the legal process.

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 Posted on February 22, 2024 in Criminal Defense

Being charged with a crime is not easy to face in any situation, but individuals on active duty in the military struggle with additional challenges beyond the norm. Civilian courts often do not accommodate military schedules and jurisdiction can overlap. Moreover, consequences that seem minor in the civilian realm can have disastrous effects on a military career.

If you are on active duty in the military in Texas and you have been accused of a criminal offense, it is vital to work with an attorney who understands the factors that complicate your case. Civilian charges can have long-term negative effects on your life, so it is wise to take the best steps to protect and defend your interests.

Jurisdiction

Active-duty military personnel can be subject to the jurisdiction of both the courts-martial and civilian courts at the same time. The courts-martial handle cases alleging violations of military law while civilian courts handle violations of civilian law, but some conduct can be considered a violation of both.

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 Posted on February 20, 2024 in Theft

It can be very tempting to shoplift from a store like Sephora. The merchandise is compact and pricey, like jewelry, but unlike fine jewelry or makeup in a department store, the products are not tucked behind a glass counter but out on shelves within easy reach.

Because of this, Sephora has frequently been the target of shoplifting and the company has taken steps to prevent losses by installing high-resolution security cameras and hiring additional security personnel. Employees are trained to notice suspicious behavior and alert security. These measures make it easier for the company to prosecute shoplifters and stores frequently work closely with local police to help them obtain convictions.

If you've been caught shoplifting or accused of theft, it is important to understand how to protect your rights and avoid actions that could make your situation more difficult to defend. Advice and representation from a defense attorney could make a tremendous difference on the impact the situation will have on your future.

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