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Criminal Defense

Are Prostitution Sting Operations Considered Entrapment?

Published: Aug 11, 2017 in Criminal Defense, Sex Crimes

To determine who is engaging in prostitution around Texas, law enforcement officers will often pretend to be prostitutes, pimps, or other individuals involved with the illicit activity. By acting like a prostitute or pimp, police officers end up meeting and speaking with people who are interested in meeting with prostitutes. Once individuals attempt to purchase a sex act, the officers then reveal their identity and arrest them. Whether the sting was conducted online or in person, it has serious consequences for those charged and raises a lot of questions. One…

effects of alcohol on consent

How Does Alcohol Affect Consent?

Published: Jul 31, 2017 in Criminal Defense, Sex Crimes

In every state, specific laws determine an age at which an individual can consent to sexual activity with another person. Under Texas law, a person who is 17-years-old or older has the right to consent to any type of sexual activity, but you should learn how consuming alcohol can impair your judgment and thereby your ability to give and/or receive consent. If you’ve been charged with a sex crime and alcohol was involved, contact an experienced Houston sex crimes attorney from The Law Offices of Ned Barnett today at (713)…

Head Injuries May Affect a Field Sobriety Tests

Published: Jan 18, 2017 in Criminal Defense, DUI

When a police officer suspects that a driver may be under the influence of drugs or alcohol, they may attempt to administer a number of field sobriety tests. These tests assess a driver’s motor skills; whether they can walk properly, speak properly, etc. While these tests are often good indicators of whether or not a driver is intoxicated, their results can be misleading. If a driver has suffered a serious head injury, for example, it may be difficult for them to complete the tests. This intersection of head injuries and…

Does Texas Have a Stand Your Ground Law?

Published: Dec 09, 2016 in Criminal Defense, Weapons Crimes

Stand your ground laws expand traditional self-defense principles by removing the duty to retreat before using deadly force. Following the death of Trayvon Martin and trial of George Zimmerman, stand your ground laws have become the subject of national attention and debate. There are approximately 27 states with stand your ground laws across the country, including Texas. Background on Self-Defense Law Generally speaking, a person may use deadly force when he or she reasonably believes it is necessary to prevent death or serious bodily injury to himself or herself or…

What Are Valid Reasons For A Traffic Stop?

Published: Dec 01, 2016 in Criminal Defense

Traffic stops are considered temporary detentions under the law, which implicates Fourth Amendment protections against unreasonable searches and seizures. In order for law enforcement officers to pull someone over, they must have a reasonable suspicion of criminal activity or a traffic violation. If an officer lacks a reasonable suspicion to pull you over, any evidence obtained as the result of the traffic stop will be inadmissible against you in a criminal trial. What is Reasonable Suspicion? Reasonable suspicion must be based on articulable facts, which means more than a mere…