The Wright Firm's Weblog

Michael Jackson’s Doc Found Guilty!

After nine hours of deliberation, a California jury found Dr. Conrad Murray guilty of involuntary manslaughter for the death of pop icon Michael Jackson.  The verdict was the culmination of a two-year trial.  Dr. Murray’s defense attorneys are reportedly not shocked by the verdict, but plan to appeal the conviction.  The defense counsel are now focused on keeping Dr. Murray from being placed in the general prison population for his own safety, due to the high-profile nature of the case.  The sentencing phase of trial begins November 29^th, and Murray could face up to four years in prison. 

Legally speaking, it’s important to note that Murray is NOT being convicted of murdering Michael Jackson.  Under California law, “involuntary manslaughter” is an accidental killing that happens under particular circumstances, while “murder” generally involves an intentional killing. 

Texas law makes a similar distinction between intentional and accidental killings.  Under the Texas Penal Code, if a person kills someone by acting recklessly (meaning that the killer consciously ignored the risks of his/her behavior) or with criminal negligence (meaning that the killer should have been aware of the risks of his behavior), then the killer will probably be guilty of “manslaughter” or “criminally negligent homicide” instead of “murder”.

Have you been accused of a crime and need help understanding the charges and your options?  The Wright Firm is here to help you!  Give us a call at (972) 353-4600 or check us out on the web at www.thewrightlawyers.com. 

 

Gettin’ the Loot!

After London was rocked by four days of rioting, looting and fires, police have now charged the 1000^th person for participation in the mayhem.  The acting police chief is urging citizens to turn in anyone they believe to be associated with the rioting and not to, “…let them get away with it.”  Can it ever be legal to loot?

 

Well, the short answer is surprisingly “Yes” but only under very limited circumstances.  Most jurisdictions recognize the defense of “necessity” to a criminal charge; in this instance, looting is criminally considered theft.  The basic premise of a necessity defense is that the accused had no choice but to break the law in order to protect himself and others from death or serious bodily harm.

 

So, if a looter took a baseball bat to save his life from being ending by a gang of rioters, necessity may be a plausible defense.  On the other hand, if a looter takes a 50-inch plasma TV because he thinks he’ll die if he misses an episode of The Real Housewives… not so much.

 

The Texas Penal Code does recognize the defense of necessity if three conditions are met (see TPC §9.22):

1) you reasonably believe your conduct is immediately necessary to avoid imminent harm;

2) the urgency of avoiding the harm clearly outweighs the damage caused by breaking the law; and

3) the actual law you broke doesn’t specifically exclude using the necessity defense.

 

Bottom line, unless you are stealing a shotgun to protect your family from the Zombie Apocalypse (link 1) (link 2), better not go looting.

 

For more on this, see original article on Necessity here: http://criminallawnewsnow.com/2011/08/is-it-ever-legal-to-loot/

 

Article on arrests in the London riots here: http://www.msnbc.msn.com/id/44172456

 

For more information on Texas law contact The Wright Firm, L.L.P. at 972-353-4600 or visit our website at www.thewrightlawyers.com . 

 

Swatting?

In the U.S. and Canada, police agencies are seeing a rise in a type of hoax dubbed “swatting”.  Here’s how it works:  1) a caller reports a hostage situation to the police department [i.e. “I’ve killed two people and I have hostages!”], 2) SWAT Team shows up at reported hostage situation guns a-blazing, 3) no actual hostage situation is going on [ i.e. empty house/building, or prank victim’s home], 4) caller and his accomplices enjoy their “bragging rights”.

The typical swatter is a male in his 20’s or 30’s, and swatter groups tend to be behind multiple swatting hoaxes.  Even worse, when swatter groups receive media attention or brag about their exploits, police agencies have noted that it tends to spawn “copy-swats”. 

While these guys apparently find swatting quite amusing, they can face federal charges of conspiracy (max. penalty 5 yrs in prison) and fraud (max. 20 years in prison). Diverting police officers away from fighting actual crime puts innocent people in danger and is a massive waste of tax payer dollars. The Feds are not taking these offenses lightly.

If you are thinking swatting might be a good prank to pull on someone – don’t do it.  If you’ve gotten into other kinds of trouble with the law, give The Wright Firm a call at (972) 353-4600 or check us out on the web at www.thewrightlawyers.com!

Original article can be found here: http://www.upi.com/Top_News/US/2011/08/10/SWAT-teams-responding-to-swatting-hoaxes/UPI-31561313022441/

 

Texas “No Refusal” Weekend

The standard rule in Texas, when it comes to drinking and driving, is that anyone driving with a blood alcohol level of .08 or higher is considered legally impaired and will be issued a DWI. Typically, when a driver is pulled over and the police suspect the driver has been drinking, the driver will be asked to perform several tasks, known collectively as a field sobriety test. In addition, the driver will be asked to take a breathalyzer. Generally, the driver will be allowed to refuse the breathalyzer but will be penalized for the refusal with a 180-day automatic suspension of driving privileges.

But, this weekend the State of Texas has implemented a “no refusal” weekend for the Fourth of July holiday. While several cities across the United States have implemented “no refusal” weekends in the past, Texas is the first state to issue a state-wide policy. Police officers attribute the “no refusal” mandate based on evidence that the Fourth of July weekend is the number one holiday for alcohol-related fatal crashes. Last year’s Fourth of July weekend produced a total of 337,000 car crashes in Texas alone.

The “no refusal” weekend begins at 6 p.m. on Friday, July 1, and ends at 6 a.m. on Tuesday, July 5. Under this policy, anyone suspected of driving a car or boat while intoxicated and who refuses to take a breathalyzer will have a search warrant issued to them and their blood drawn. So a word to the wise – enjoy your holiday weekend but be smart, safe and don’t drink and drive.

For more information contact The Wright Firm, L.L.P. at 972-353-4600 (phones answered 24 hours a day) or visit our website at www.thewrightlawyers.com.

 

What Every Mavs Parade Goer Should Know!

The City of Dallas will host a championship parade in downtown Dallas on June 16, 2011 in honor of the Dallas Mavericks NBA Championship. Most of us remember the disaster of the 1993 victory parade honoring the Dallas Cowboys after they won the Super Bowl. Violence erupted on every street corner. However, there will be a significant difference between the 1993 parade and the 2011 parade in that the security will be enhanced. Dallas Police Chief David Brown says uniformed and undercover officers will be out in large numbers, including police from nearby cities, and sheriffs from Dallas. Chief Brown warns if people head downtown seeking trouble, they will be dealt with and removed. 

If you happen to have a legal mishap(s) at the parade please seek the advice of an experienced attorney to help you through your legal woes. For more information contact The Wright Firm, L.L.P. at 972-353-4600 (phones answered 24 hours a day) or visit our website at www.thewrightlawyers.com.

 

Texas Social Host Liability: Don't Serve Alcohol to Minors!

Social Host Liability is the legal term for the criminal and civil responsibility of a person who furnishes alcohol to a guest. In most cases, social hosts in Texas are not responsible for guests who drink too much at their home. However, there are exceptions, a big one being when a host serves alcohol to minors.  If a homeowner provides alcohol to minors or allows minors to consume alcohol at their residence, they are liable for any injuries caused by the intoxicated minor. That is exactly what happened in Georgetown, Texas to Donna Crites. Mrs. Crites was sentenced to three years of probation and one week in jail for providing alcohol to her underage son and his friends to make about 200 gelatin shots. Five of teenagers who had been drinking at the Crites’ residence were seriously injured in a car accident. The driver told investigators that he consumed as many as 40 of the shots. Mrs. Crites plead guilty to five counts of purchasing or furnishing alcohol to minors over the incident.

For more information and/or a free initial consultation about social host responsibility and under-aged drunk driving contact The Wright Firm, L.L.P. at 972-353-4600 (phones answered 24 hours a day) or visit our website at www.thewrightlawyers.com.  Meet with one of our criminal defense attorneys in Dallas, Denton, Lewisville, Frisco, Plano, or Ft. Worth, Texas.

This Site is a public resource for general information about The Wright Firm, L.L.P. and Texas Law.  Nothing in this Site should be construed by you as a source of legal advice. You should not rely or act upon the contents of this Site without seeking advice from your own attorney. Use and access to this Site or any materials or information provided on this Site does not create an attorney-client relationship between you and The Wright Firm, L.L.P. or any of its attorneys,  nor is this Site a substitute for legal advice. Any information submitted by you by The Wright Firm, L.L.P. or its attorneys via this Site, an email, or any form of social media communication will not be considered an attorney-client communication or otherwise be treated as confidential or privileged in the absence of an executed Engagement Agreement between you and The Wright Firm, L.L.P. or its attorneys.

 

 

“Sext” Ed

A new bill has passed the Texas Senate by a hefty 29-1 margin that would reduce the classification of a “sexting” offense from a felony to a Class C Misdemeanor.  This reduction would only apply to first-time offenders who are younger than age 18. 

The bill further gives a judge the discretion to order both the minor and the minor’s parents to participate in a sexting education course.  The Texas School Safety Center will be responsible for creating the curriculum for the course.  Parents, in case you didn’t have enough good reasons to monitor your teens’ texting habits, now you have one more.  Both you and your teen can get detention, so to speak.

While neither the teens nor parents in questions may be happy about being fined and forced to take the class, the punishments under existing laws are much harsher.  In fact as the law stands now, any person who sends a sexually explicit image of a minor can be charged with felony trafficking in child pornography.  That would look a bit worse on someone’s permanent record.

If you or your children are having problems with the law, The Wright Firm’s criminal defense attorneys are here to help!  Give us a call at (972) 353-4600 or check us out on the web at www.thewrightlawyers.com!

Original Dallas Morning News article can be found here: http://trailblazersblog.dallasnews.com/archives/2011/04/senate-approves-measures-to-al.html

 

 

 

This Site is a public resource for general information about The Wright Firm, L.L.P. and Texas Law.  Nothing in this Site should be construed by you as a source of legal advice. You should not rely or act upon the contents of this Site without seeking advice from your own attorney. Use and access to this Site or any materials or information provided on this Site does not create an attorney-client relationship between you and The Wright Firm, L.L.P. or any of its attorneys,  nor is this Site a substitute for legal advice. Any information submitted by you by The Wright Firm, L.L.P. or its attorneys via this Site, an email, or any form of social media communication will not be considered an attorney-client communication or otherwise be treated as confidential or privileged in the absence of an executed Engagement Agreement between you and The Wright Firm, L.L.P. or its attorneys.