The post Texas Tightens Laws on Alcohol to Minors appeared first on Barbieri Law Firm.
]]>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.
The rationale behind this legislative change is rooted in a desire to hold accountable those who contribute to situations where minors consume alcohol and subsequently cause harm to themselves or others. By imposing stricter penalties for such actions, lawmakers aim to deter individuals from engaging in behaviors that endanger the safety and well-being of young people.
It’s important for both adults and minors to understand the gravity of providing alcohol to individuals who are not of legal drinking age. Not only does it violate the law, but it can also have devastating consequences that extend far beyond the immediate moment of consumption.
As a law firm committed to upholding justice and protecting the rights of individuals, Barbieri Law recognizes the importance of staying informed about changes to the legal landscape. If you find yourself facing charges related to providing alcohol to a minor, it’s essential to seek experienced legal representation to navigate the complexities of the legal process.
At Barbieri Law, we have a proven track record of defending individuals against a wide range of criminal charges, including those related to alcohol-related offenses. Our dedicated team is here to provide you with the guidance and advocacy you need to navigate your case effectively and pursue the best possible outcome.
The recent changes to Texas law regarding the provision of alcohol to minors underscore the seriousness of this offense and the potential consequences for those involved. By understanding and adhering to these laws, we can all play a role in promoting the safety and well-being of young people in our communities. If you require legal assistance or representation, don’t hesitate to contact Barbieri Law for trusted guidance and support.
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]]>The post When Relationships Go Digital, How Parents Can Help With Revenge Child Sexual Abuse Material appeared first on Barbieri Law Firm.
]]>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, P.C., 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.
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.
Revenge CSAM is more serious because the law establishes strong provisions to protect minors. Under the law, it is a crime to possess or access images that show anyone under the age of 18 “engaging in sexual conduct.” This includes images showing a minor’s genitals or female breasts in a “lewd” manner.
When someone shares the images, the crime is penalized more severely. Many teens are not aware that it is illegal for them to send explicit images of their bodies to anyone. While they may seek to have someone prosecuted for sharing their images, they do not realize that they violated the law by sending the images in the first place.
Possessing or sharing sexually explicit images of a minor can be treated as a first, second, or third degree felony depending on the circumstances. While simple possession might be penalized as a felony in the third degree, when someone “promotes” the image by sharing it with others in any way digitally, the crime escalates to a second degree felony for a first time offense. Penalties can include up to 20 years in prison and a fine of up to $10,000.
If your child has been charged with or accused of revenge CSAM, they may be subject to a protective order. It is vitally important to understand precisely what types of conduct are prohibited by that order and to abide by the terms very carefully. Violating a protective order constitutes a separate, additional serious criminal offense. A criminal defense attorney can help ensure that you understand how to comply with the order.
It is also possible that even if criminal charges are dropped or settled, the person accusing your child of revenge CSAM could file a civil lawsuit seeking damages or other relief. They are more likely to do so if evidence produced in a criminal case gives them strong grounds to pursue the claim, so it is best to raise vigorous defenses in any criminal cases as soon as possible to dissuade the other party from attempting to seek civil remedies.
Prevention is critical in addressing the issue of revenge CSAM, and that starts with education. Parents should educate themselves and their children about the risks of sharing intimate images and the importance of digital privacy. Teens need to be made aware that they break the law when they send explicit photos of themselves, and that once images have been recorded and shared, anything can happen to them.
Discussions about respecting boundaries, both online and offline, are essential. Barbieri Law Firm, P.C., advocates for awareness and education to prevent these situations. We’re committed to helping Texas families stay informed and safe in the digital world.
If you or your child has been accused of revenge child sexual abuse material in Texas, don’t hesitate to reach out for help. Barbieri Law Firm, P.C., is dedicated to providing compassionate and professional legal assistance. Our approachable team is here to support you through this challenging time and work towards a positive outcome.
Call us today at 972-424-1902 or contact us online to schedule a free consultation. We’re here to help you navigate the legal complexities and find the justice you deserve.
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]]>The post Understanding the New Texas Law on Child Grooming appeared first on Barbieri Law Firm.
]]>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.
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.
These crimes all center heavily on the issue of intent, and the new grooming statute is no exception. It can often be challenging to prove why someone took a particular action and what they intended to be the result. It can also be challenging that you didn’t intend to do something, and if certain assumptions are made based on evidence—or if someone makes a false accusation—demonstrating innocence often requires concerted effort.
It is not particularly easy to understand what types of conduct violate the Child Grooming law. The terms used are vague and make frequent references to other sections of the Penal Code. Here’s how the statute reads:
A person commits an offense if, with the intent that an offense under Chapter 43 or an offense involving sexual activity, the occurrence of which would subject the actor to criminal liability under Chapter 20A, 21, or 22, be committed, the person knowingly persuades, induces, entices, or coerces, or attempts to persuade, induce, entice, or coerce, a child younger than 18 years of age to engage in specific conduct that, under the circumstances surrounding the actor’s conduct as the actor believes them to be, would:
(1) constitute an offense under Chapter 43 or an offense involving sexual activity the occurrence of which would subject the actor to criminal liability under Chapter 20A, 21, or 22; or
(2) make the child a party to the commission of an offense described by Subdivision (1).
Essentially, anything interpreted as an attempt to persuade a minor to engage in some type of sexual display or other conduct could be considered a violation. The difficulty is in determining the intent behind an action. If someone gives a child a gift, for example, how do you know why that gift was given? Was it an attempt to get the child comfortable with illegal sexual contact? Or was it an attempt to get the child to eat their spinach?
What if a babysitter takes a child to a movie rated “R” and buys the child candy? Is the candy an attempt to get the child accustomed to mature conduct or a bribe to keep the child from telling the parents that they allowed the child to see the film? Or what if an individual supporting LBGTQIA+ rights tries to talk to a child about gender identity or sexual orientation. Is that education or grooming?
The new child grooming offense is classified as a third-degree felony unless the person convicted has previous convictions for certain sexual offenses. In that situation, child grooming is treated as a second-degree felony. So for a first-time offender, a conviction carries a minimum sentence of two years in prison up to a maximum of ten years. For someone with a prior conviction, the maximum sentence doubles to 20 years.
The conduct that the child grooming statute aims to prevent—sexual abuse and exploitation—is deserving of this type of penalty. But misinterpreted conduct that is wrongly treated as grooming does not deserve this harsh treatment.
At Barbieri Law, we fervently believe that everyone is entitled to the best possible defense, particularly when they have been accused of a serious crime. Our experienced team works tirelessly to protect and defend you using every available strategy. For a confidential consultation to discuss your case, contact us today.
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]]>The post Challenges for Active-Duty Military in Texas Civilian Courts appeared first on Barbieri Law Firm.
]]>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.
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.
When an offense is committed beyond the scope of military service or it occurs on military property but involves civilians or crimes not covered under the Uniform Code of Military Justice (UCMJ), then it would fall to the civilian courts to prosecute. However, even when a case is handled completely outside the military, the service member accused can face military penalties.
Local civilian law enforcement authorities might arrest an active-duty service member for actions occurring off base, but the case could still be prosecuted as a violation of the UCMJ.
It is important to seek experienced defense counsel who can fight the criminal charges and provide advice to prevent negative consequences that can impact your military career and benefits.
Certain crimes are particularly likely to be subject to overlapping jurisdiction by military and civilian courts. These include:
Each branch of the service has different requirements dictating when a service member must report criminal charges or convictions. Those on active duty in the U.S. Navy or Marine Corps are required to report arrests and criminal charges regardless of whether they have been convicted. Those serving in the U.S. Army may only be required to report a conviction.
Certain crimes may be excluded from reporting requirements – this could include traffic tickets that don’t require a driver to appear in court.
It is important to understand exactly when you are and when you are not required to report civilian legal action. In addition, it is also critical to understand what information you are required to report. Military commanders are not supposed to impose penalties based solely on a self-report. It is a good idea to avoid providing information that could lead to unnecessary self-incrimination. Either reporting too much or too little could have serious negative consequences. Advice from an experienced attorney can help you avoid reporting mistakes.
Despite an exemplary record of service and devotion to our country, a military service member may work years to build a career only to see it destroyed in a few moments. A member of the active-duty military may face penalties imposed by civilian courts and then face additional consequences imposed by military commanders.
While a civilian misdemeanor conviction could lead to nothing more severe than administrative penalties, these can still set back a career considerably. It is best to fight the civilian charges with an effective defense, and avoid the negative career consequences.
If a service member is convicted of or even charged with a serious offense, they could face court-martial and dishonorable discharge that not only destroys a career but also removes a lifetime of military benefits. It is critically important to understand how the military views the disposition of certain cases in civilian court. A situation that might be considered the equivalent to a dismissal by civilian standards could be treated as an admission of guilt by military standards and lead to the imposition of negative consequences.
Criminal charges can damage your life in any circumstances, but those on active-duty military service have more to lose. Moreover, their unique circumstances can make defense complicated.
The experienced team at Barbieri Law understands how to overcome the challenges and we are ready to fight relentlessly to protect your rights and future opportunities. To get started building your best plans for defense, call us at 972-424-1902 or contact our team online to schedule a free consultation today.
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]]>The post A Better Understanding of Texas’ New Endangerment Law Expansion appeared first on Barbieri 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.
It’s important to recognize that while the intention behind this legislative amendment is to safeguard vulnerable populations, there may be instances where individuals are wrongfully accused or misunderstandings arise. In such cases, it’s crucial to have skilled legal representation to navigate the complexities of the legal system and advocate for a fair and just outcome.
If you or someone you know is facing charges concerning the abandonment or endangerment of elderly or disabled individuals, swift action is imperative. Our dedicated team of attorneys possess the knowledge and proficiency to maneuver through the intricacies of the law, providing steadfast support and advocacy for our clients. Contact us.
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]]>The post Shoplifting from Sephora in Texas appeared first on Barbieri Law Firm.
]]>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.
Unlike robbery, which involves violence or the threat of injury, shoplifting seems to many people like a “minor” crime. However, if the value of property taken is worth over a certain amount, any type of theft can be prosecuted as a felony offense. Shoplifting can also be treated as a felony if an individual has two prior convictions for any theft crime.
The details of a situation impact how a crime can be charged, but the general guidelines applicable to shoplifting crimes specify that an offense is a:
The offense can be aggravated to a more serious crime in certain situations, such as where the person committing the theft sets off a fire alarm, deactivates a fire alarm, or uses a shielding device to prevent detection of the theft. Carrying a weapon while committing a theft also increases the severity of the crime.
If you are convicted of shoplifting, the official penalties will depend on the value of the property stolen and the classification of the offense. However, the unofficial penalties are often much more problematic. Having a theft conviction on your record makes you appear untrustworthy, and the records are easily accessible to anyone who conducts a search online. A theft conviction will make potential employers very nervous about hiring you, and it can make potential landlords and even friends think twice about dealing with you.
The government can impose a fine on you if you are convicted of a theft crime. The amount of the fine cannot exceed $500 if your theft was treated as a Class C misdemeanor, but for a Class B misdemeanor the fine can be up to $2,000 and if the offense is a Class A misdemeanor it can be as high as $4,000. If you are convicted of a state jail felony, your fine could be any amount up to $10,000.
In addition, most shoplifting offenses carry the potential for jail time. For a Class B misdemeanor (theft under $750) you can be sentenced to six months of imprisonment and the sentence can be twice as long for a Class A misdemeanor. If you are convicted of a jail felony, the law imposes a minimum sentence of 6 months and a maximum of two years.
With the unofficial consequences impacting your reputation far into the future and the potential for substantial fines and imprisonment, it makes sense to invest in a strong defense strategy.
Depending on the situation, your defense attorney may have several options to fight shoplifting charges. This could include arguments that:
In addition, it might be possible to get the charges reduced or seek deferred penalties.
When you’ve been charged with shoplifting or any other criminal offense, your future is in jeopardy. But the dedicated defense attorneys at Barbieri Law are ready to protect your rights and fight for the best outcome to secure your future. Call us at 972-424-1902 or contact us online to schedule a free consultation.
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]]>The post Guidelines for Parents: How to Respond if Your Child is Accused of Making a Terroristic Threat appeared first on Barbieri Law Firm.
]]>To defend your child’s future, you need to take proactive steps now.
While many people know that terrorist acts can be penalized severely, they are not aware that Texas has enacted a law that makes voicing a threat a crime on its own. Section 22.07 of the Texas Penal Code defines the offense as making a threat of violent action against either a person or property if that threat is made with a certain intent. Threatening violence becomes a criminal terrorist threat under the law if it is made with the intent to either:
The crime can be treated as a misdemeanor or a felony depending on the circumstances. While a threat made as a prank to get a response from the police might be prosecuted as a Class B misdemeanor, a threat that interrupts public utilities is considered a third-degree felony. Remember that even a conviction for a seemingly minor misdemeanor charge can have a tremendous impact on your child’s future.
Students who have been accused of crimes face negative consequences that go beyond the official criminal penalties. A criminal charge on the record can not only impact their academic opportunities but their entire future. It is important to work with a criminal defense team that not only understands how to fight criminal charges effectively but also how to minimize the negative consequences that can come along with those charges.
With a crime where intent is such a crucial element, such as in the crime of making a terroristic threat, prosecutors will be looking for any statement or action that can be used to show evidence of intent. Things anyone in your family say or do can be taken out of context and used against your child, so it is best to avoid the opportunity to give a false impression. Stay off social media and ask your attorney for advice about what to say to friends, the school, and others.
If the incident treated as a threat was made as a joke, your child is probably feeling completely overwhelmed and betrayed. Chances are that others involved in the incident may not be sticking up for your child but instead acting to preserve their own interests. At a time like this, your child really needs to know that you support them and will work to protect them any way you can.
If the incident stemmed from frustration or anger, your child may need help. Perhaps they may need a channel to express anger safely or help processing feelings. Adolescence and the years leading up to it are difficult in all situations, but some individuals struggle with problems at a much more intense level. Support your child with counseling, legal defense, and whatever it takes to lead to brighter days ahead.
It may seem like your world has turned upside down in a hurry. Being accused of a crime is frightening, but finding out that your child has been accused of a crime can hit you ten times harder. Talking over the situation with an experienced and compassionate criminal defense attorney can put your life back into focus.
At Barbieri Law Firm, we work relentlessly to protect the rights and future of those accused of challenging and complex crimes. We treat you with compassion but fight your charges with ferocity. To schedule a free confidential case evaluation, contact our team today online or by calling 972-424-1902.
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]]>The post Defending Those Who’ve Defended Us: Legal Support for Veterans appeared first on Barbieri Law Firm.
]]>At Barbieri Law, we understand the unique challenges that veterans and service members may face, and we are here to offer our support. As someone who has dedicated their life to serving our country, your sacrifices and commitment have not gone unnoticed.
We recognize that legal issues can arise for anyone, and when they do, having the right legal representation is crucial. Our team of profesionals are proud to support veterans and service members.
Here’s what sets us apart:
Experience with Military-Related Affairs: Our attorneys have a deep understanding of law practices, ensuring that we can navigate the complexities of cases involving veterans and service members effectively.
Compassionate Approach: At Barbieri Law, we approach every case with empathy and understanding. We recognize the unique circumstances that veterans and service members may be dealing with, and we are committed to providing personalized and compassionate legal support.
Proven Track Record: Our firm has a proven track record of successful defense in a variety of criminal cases. We are dedicated to achieving the best possible outcome for our clients, and we have the experience to back it up.
Free Case Evaluation: We offer a free initial consultation to discuss your case. This allows us to understand your situation better and provide you with valuable insights into your legal options.
To schedule your free consultation, give us a call at 972-424-1902. Our team is ready to assist you.
Thank you for your service to our country. We look forward to the opportunity to serve you in return.
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]]>The post Challenges of Handling Domestic Violence Cases Involving Military Personnel in Texas appeared first on Barbieri Law Firm.
]]>If you have been accused of domestic violence while serving in the military, the ramifications can affect your entire life, even if you are not convicted. It is important to take your defense seriously and get advice from an experienced attorney as soon as possible.
A domestic violence case involving military personnel could be decided under different laws depending on which authorities are prosecuting the case. If the military handles the case, the regulations of the particular branch of the service will determine how domestic violence is defined and penalized. The case could be prosecuted as a violation of federal criminal law or the Uniform Code of Military Justice. It is important to work with a defense attorney who is familiar with these situations and the variations in law that may apply.
For instance, the Army says that someone commits domestic violence when they commit an act that is offense under either the U.S. Code, The Uniform Code of Military Justice, or state law, if that act involves the use, attempted use, or threatened use of force or violence and the act is committed against a current or former partner. This means that it may be necessary to defend against a crime as defined under three different areas of law.
When a domestic violence case is handled by military prosecutors, it may be difficult to understand the procedures and the state of the investigation. The process can be subjected to heightened security and the rights of the person accused may not be the same as in civilian situations.
In some cases, the military court system offers service members the option to have their case dropped if they ask for administrative separation from service. This may seem like a win, similar to a dismissal in a regular criminal case. However, administrative separations can have lifelong consequences.
This is usually treated as an “other than honorable discharge” by the military. When a servicemember takes administrative separation, they can never again serve in the military. If the discharge is considered to be under “other than honorable” conditions, then that service member loses access to all VA benefits earned for that period of service.
Depending on the situation, administrative separation may be the right choice. However, it is important to understand the other options and the strength of the case against you before accepting this option.
Regardless of who is handling the case, there are some important factors to keep in mind. First, anyone accused of domestic violence must take care to avoid saying or doing something that could jeopardize their defense. If there is a protective order in place, it is vital to understand the terms and how to comply. Violating the order compounds the offense and can weaken defense arguments. It is wise to go over the terms of the order with your defense attorney and discuss actions you can and cannot take under the order.
Next, it is helpful to collect evidence that can demonstrate that either the offense did not happen or that there were reasons to justify what happened. Consider carefully whether anyone may have heard or seen what happened or events leading up to the incident. Save any messages or communications from before or after the event.
When you discuss matters with your attorney, always be honest and fully transparent. Your attorney can only build your best defense when they have accurate information. It can be embarrassing to admit some details, but it is far better that your attorney be aware of them in advance to create a strategy to handle the issues if they come up later. You don’t want your legal team surprised with negative evidence later.
Even if the allegations are completely false, domestic violence accusations can easily ruin your life. You need to take proactive steps to defend yourself and your future, particularly if your situation involves complicated factors such as military service.
The dedicated legal team at Barbieri Law is ready to assist. Get started on your defense now by calling 972-424-1902 or contact us online for a free case evaluation.
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]]>The post Defending Against Federal Drug Charges in Texas appeared first on Barbieri Law Firm.
]]>One common defense strategy in drug cases involves challenging the legality of the search and seizure that led to the discovery of alleged drugs. The Fourth Amendment of the U.S. Constitution protects individuals from unreasonable searches and seizures. If law enforcement violated your Fourth Amendment rights, any evidence they obtained may be deemed inadmissible in court.
Another potential defense revolves around the lack of possession or knowledge. To secure a conviction, the prosecution must prove that you knowingly and intentionally possessed the illegal substance. If you were unaware of the presence of drugs or did not have control over them, this could be a viable defense, especially in cases involving shared spaces or transportation.
Entrapment is another defense strategy. This occurs when law enforcement induces or persuades an individual to commit a crime they wouldn’t have otherwise committed. If you can show that you were coerced, encouraged, or manipulated into participating in illegal drug activity, it could serve as a strong defense.
The proper handling of evidence is crucial in a drug case. Any lapses or inconsistencies in how evidence was collected, stored, or handled can cast doubt on its reliability and admissibility in court, potentially leading to the exclusion of crucial evidence.
If you were forced or threatened into participating in drug-related activities under duress, it may serve as a defense. Providing credible evidence, such as witness testimony or documented threats, is important in supporting this claim.
Insufficient evidence is a defense strategy that revolves around the prosecution’s burden of proving guilt beyond a reasonable doubt. If there’s not enough evidence to establish your involvement in the alleged drug activity, you may be able to mount a successful defense based on the lack of a strong case against you.
In some cases, individuals may possess or use controlled substances for legitimate medical reasons. If you can demonstrate that your actions were driven by genuine medical necessity and were in compliance with relevant laws, it may serve as a defense.
Facing federal drug charges in Texas demands a comprehensive understanding of the legal landscape and a strategic approach to defense. It’s crucial to work with experienced criminal defense attorneys who are well-versed in federal drug laws and have a track record of successful defenses.
If you or a loved one are dealing with federal drug charges in Texas, consider reaching out to us at Barbieri Law Firm. Our experienced legal team is committed to providing the highest level of representation and will work tirelessly to protect your rights and pursue the best possible outcome for your case. Contact us today for a confidential consultation. Your future is worth defending.
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