Criminal Defense

Can I Refuse a Field Sobriety Test in Texas?

Published: Aug 25, 2017 in Criminal Defense, DUI

When you are pulled over under the suspicion of driving while intoxicated (DWI), you can expect the police officers to do a few things. They will ask you a few questions. This is to see what you say about where you have been and where you are going as well as to see if you slur or stumble over your words. They will usually ask these questions while giving you a task, like getting your driver’s license and proof of insurance, to observe whether you have a hard time dividing…

When Is Rape a Federal Crime?

Published: Aug 18, 2017 in Criminal Defense, Sex Crimes

Rape, also called sexual assault, is a heinous crime. It can severely harm the victims physically and psychologically, and often leads to life-long effects. Perpetrators of this violent crime face harsh consequences and should be brought to justice. Unfortunately, rape accusations are often inappropriately leveled at innocent individuals. Some men and women use rape allegations as a means of revenge. Others come forward with these claims after a misunderstanding or due to regret. In some situations, allegations can be proven false before prosecutors ask a grand jury for an indictment….

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…

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)…

New Texas Law Leads to Rape Kit Reform

Published: Jul 21, 2017 in Criminal Defense, Sex Crimes

Under a new law that goes into effect September 1, 2017, the Texas Department of Public Safety will create a statewide database for all rape kits, enabling them to track each kit from collection to analysis. The law is a first step towards addressing the backlog of 20,000 or so untested rape kits across the state–each one representing an unprosecuted sexual assault. Although the bill does not mandate the analysis of backlogged rape kits, it will enable rape survivors to track their DNA samples, and make it less likely that…