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Employee Criminal Background Checks


Texas Department of Assistive and Rehabilitati...
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With the tough economic times, large quantities of people are being forced to seek new employment.  Frequently, this entails new employers running background checks to inquire about the potential employee’s criminal history.  Federal law permits employers to conduct this search.  Fortunately, some people are eligible to have their criminal records sealed or expunged depending on the outcome of the case.  If your record is sealed that means that potential employers outside of the government realm will not be able to see that you had a criminal charge against you.  In Texas, an expunction completely erases the criminal charge and you can legally under oath say that you were never arrested for an offense.  To find out if you are eligible for an expunction or an order of non-disclosure visit our website or join us Facebook and submit a free case consultation form.

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Posted by on July 12, 2011 in Is It Legal?

 

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Public Intoxication


Man passed out from drinking.Public Intoxication is a Class C misdemeanor, the same as a general traffic ticket, and punishable by a fine up to $500 with the possibility of jail time up to 12 hours. Some may consider a Public Intoxication charge a minor offense since it is only a Class C misdemeanor but having this on your record could very likely affect your future by hindering job or education opportunities.

According to Texas Penal Code § 49.02, if a person appears in a public place while intoxicated to the degree that he may endanger himself or another person he is guilty of Public Intoxication. Intoxication means that a person lacks the normal use of mental or physical abilities because of the presence of alcohol, a drug (prescription, controlled, or even over-the-counter), a combination of substances, or any other substance in the body.

A public place means any place to which the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartments, office buildings, transport facilities, and shops. A person could be charged with Public Intoxication in a bar or even riding as a passenger in a car. At the time of the offense, the officer could merely issue a citation and release the individual to the care of an adult but an officer may arrest the person and have them remain in jail for up to 12 hours.

If a minor (under the age of 21) is arrested for Public Intoxication, the consequences do not stop with a mere fine. A minor’s license may be suspended for 30 days. A minor’s second offense can result in a suspension of 60 days and a third can result of 180 days.

Being arrested for Public Intoxication can be both a humiliating and traumatic experience but if you find yourself in that position, make sure you find an attorney that you can trust to do everything possible to help fight for you and win your case. There are good criminal defense attorneys serving Williamson, Travis, Hays, Collin,
Dallas, and Tarrant Counties that can assist you with your legal needs.

If you have any questions about what constitutes public intoxication or have been charged with any other alcohol related offense, feel free to leave a comment or visit us on Facebook and fill out a free case evaluation form with no obligation.

 

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UCW or Possession of Prohibited Weapon


brass knuckles
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Although Texas is considered a gun friendly state, it is unlawful to possess or carry many types of weapons in the Lone Star State. The laws concerning carrying a weapon can often be confusing and puzzling. This article is to help clarify those laws by explaining what it means to be charged with possession of a prohibited weapon or unlawfully carrying a weapon as we frequently handle these types of cases in Williamson, Travis, Hays, Collin, Tarrant, and Dallas Counties. Under Texas Penal Code § 46.02, it is a Class A misdemeanor for someone to intentionally, knowingly, or recklessly carry on or about his person a handgun, illegal knife or a club.

Examples of illegal knives and clubs include:

  • a single-edged knife with a blade length in excess of 5 ½ inches
  • a double-edged knife, a sword, or a spear
  • a club or anything made or adapted to strike someone and cause serious injury.

A weapon must be found on or about your person in order for you to be charged with Unlawfully Carrying a Weapon. The weapon must be within your reach without physically having to change your position. What this means is that you cannot be charged if a weapon was simply found somewhere in your vehicle, such as your trunk, if you are sitting in or driving your car. This only applies to weapons that are legal to carry in Texas. On the other hand, some weapons are illegal to own or have in your possession at all.

Some weapons that are illegal to own in Texas are:

  • switchblade knives (including butterfly knives),
  • brass knuckles
  • sawed-off firearms
  • short-barreled firearms,
  • explosive devices and
  • machine guns

If you are arrested for unlawfully carrying a weapon or possession of a prohibited weapon, your weapon will most likely be taken from you and placed into evidence. If your case is dismissed or you are acquitted of the charge, it is possible to get your weapon back. As long as the weapon is not illegal, the judge may order the return of the weapon to you once it is released from evidence. However, depending on the outcome of the case it is also possible that the judge may order that the weapon be destroyed.

Possible punishments for unlawfully carrying of a weapon or being found in possession of a prohibited weapon include:

  • up to one year in county jail
  • a fine of up to $4,000
  • and possibly two years of post-conviction community supervision or
  • deferred adjudication with the requirement to complete up to 200 community service hours

If the charge is unlawfully carrying a weapon in a weapon-free zone, the offense is treated as a state-jail felony. If the offense is committed on any premise that is licensed or issued a permit for the sale of alcoholic beverages, the offense is then considered a third degree felony.

It is always under unfortunate circumstances that people must contact a criminal defense attorney but if you find yourself in that position, make sure you find an attorney that you can trust to do everything possible to help fight for you and win your case. If you have any questions about what constitutes Unlawfully Carrying a Weapon or have been charged with Possession of a Prohibited Weapon, feel free to leave a comment or visit us on Facebook and fill out a free case evaluation form with no obligation.

 

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