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What is an Affidavit of Nonprosecution?

An affidavit of nonprosecution is a written statement in Texas wherein a victim of an alleged crime declares their desire not to press charges against the accused. Although this document can be considered by the prosecutor, it does not guarantee the case will be dismissed, as the decision to proceed with or drop charges ultimately lies with the district attorney’s office.


When family members or friends get into a confrontation and someone gets arrested, the alleged victim often has “buyer’s remorse” the next day – that is, they regret that the police ever got involved. Not only was their loved one jailed, but now they are facing criminal prosecution and a possible record. The alleged victim tries to take it all back and tells the police or prosecutors that they want to “drop charges” – but unfortunately, that is easier said than done.

In many counties in Texas, and especially Tarrant County, police and prosecutors do not just drop charges solely at the request of an alleged victim. However, there is a mechanism in place – called an affidavit of non-prosecution in Texas – that may influence the prosecutor’s decision to proceed with a criminal case. Note, we emphasized the word “may.”

In this article, our experienced Fort Worth criminal defense attorneys explain an affidavit of non-prosecution in Texas, how to complete an ANP, why prosecutors are often skeptical of this legal document, and how it may impact a criminal case.

Affidavit of Non-Prosecution in Texas (ANP)

An affidavit of non-prosecution in Texas is a sworn statement made by an alleged crime victim expressing their desire for the accused not be prosecuted and for charges to be dismissed. In Texas, this legal document is often used in cases involving domestic violence, assault, or other crimes where the alleged victim has a personal relationship with the defendant. It is also sometimes used in theft cases where the victim has been fully or partially reimbursed by the accused.

Purpose of an Affidavit of Non-Prosecution

An affidavit of non-prosecution serves as a formal declaration by the alleged victim that they do not wish to participate in the prosecution process. This document can be submitted to the prosecutor’s office or the court as evidence of the victim’s intentions not to cooperate. It must be notarized.  

Influence on Prosecutor’s Decision

Prosecutors consider several factors when deciding whether to pursue charges, and the victim’s wishes can be a persuasive factor in their determination. However, an affidavit of non-prosecution does not guarantee the dismissal of charges. Prosecutors are not legally obligated to abide by the alleged victim’s wishes in an affidavit of non-prosecution.

In fact, prosecutors generally don’t trust ANPs. They are skeptical that the alleged victim has ulterior motives for completing an affidavit of non-prosecution in Texas. It’s not uncommon for prosecutors to move forward with a case against the alleged victim’s wishes.

Possible Reasons for Filing an Affidavit of Non-Prosecution

As mentioned, prosecutors are often skeptical of affidavits of non-prosecution in Texas. While the alleged victim’s intentions may be completely pure and true, prosecutors still may question their motives. Here are some reasons an alleged victim might choose to file an affidavit of non-prosecution in Texas:

Reconciliation with the accused

In some cases, the alleged victim or witness may decide to reconcile with the accused person, particularly if they share a personal relationship, such as family members or close friends. Reconciliation may involve resolving disputes or misunderstandings, leading the alleged victim or witness to reconsider their stance on the case. This change of heart may result in a request to drop the charges or the submission of a non-prosecution affidavit.

Fear of retaliation

The alleged victim or witness may be afraid that the accused or their associates will retaliate against them if they continue to support the prosecution’s case. This fear can manifest as threats of physical harm, emotional abuse, or other adverse consequences. In such situations, the alleged victim or witness may choose to recant their statement, withdraw their support for the case, or request non-prosecution to protect themselves.

Insufficient evidence to support the allegations

If the evidence supporting the allegations against the accused is weak or unreliable, the alleged victim or witness may question the validity of their initial statement or testimony. This doubt may lead them to revise or retract their account of events, potentially impacting the prosecution’s case. In some instances, the alleged victim or witness may request non-prosecution due to concerns about the evidentiary basis of the charges.

Personal or financial dependency on the accused

The alleged victim or witness may rely on the accused for emotional support, financial assistance, or other forms of dependency. This reliance can create a conflict of interest, as the alleged victim or witness may be hesitant to pursue legal action against someone they depend on. In such cases, they may reconsider their involvement in the case or seek non-prosecution to preserve their relationship with the accused.

Have children together

When the alleged victim or witness and the accused have children together, this shared parental responsibility can further complicate the decision-making process in a criminal case. The alleged victim or witness may be concerned about the impact of the legal proceedings on their children, both emotionally and financially. They may also worry about the potential disruption to their family life, such as custody arrangements or the children’s relationship with the accused parent. As a result, the alleged victim or witness may choose to seek reconciliation, request non-prosecution, or reconsider their involvement in the case to prioritize their children’s well-being and maintain family stability.

Lied about the accusation

In some instances, the alleged victim or witness may have initially provided a false or misleading account of the events in question. This falsehood could be the result of various factors, such as personal animosity, a desire for attention, or a misguided attempt to protect themselves or someone else. If the alleged victim or witness later acknowledges that their initial statement was untruthful, they may decide to recant their testimony or request non-prosecution to rectify the situation and prevent further legal repercussions for the accused.

These factors, individually or in combination, can significantly impact the course of a criminal case and the decisions made by the alleged victim or witness. Understanding these dynamics is crucial for both the prosecution and defense when preparing their strategies and addressing the concerns of those involved in the case.

affidavit of nonprosecution

Legal Process Involving an Affidavit of Non-Prosecution

1. Filling Out the Affidavit

Filling out an affidavit of non-prosecution in Texas is pretty straight-forward. It should state that the victim doesn’t want to cooperate or prosecute. The affidavit must be signed under penalty of perjury, attesting that the information provided is true and correct to the best of their knowledge. The notary public who witnessed the signature will also sign the affidavit, verifying that it was properly signed in their presence. Filing a false statement under penalty of perjury can result in criminal charges. It is important to provide accurate information when submitting an affidavit of non-prosecution in Texas.

Here’s an example of an Affidavit of Non-Prosecution Form: Affidavit-of-NonProsecution-Form-2020.

2. Filing the Affidavit

To file an affidavit of non-prosecution in Texas, the alleged victim must contact the appropriate District Attorney’s Office or contact a private attorney who can file it on their behalf.

3. Prosecutor’s Evaluation

Once the affidavit is filed, the prosecutor will evaluate the case and the affidavit’s content. The prosecutor may also consider the defendant’s criminal history, the severity of the alleged offense, and other relevant factors before making a decision.

4. Potential Outcomes of an ANP

Case Dismissal: If the prosecutor decides not to proceed with the case after reviewing the affidavit, they may file a motion to dismiss the charges.

Reduced Charges: In some instances, the prosecutor may offer a plea bargain with reduced charges or penalties, taking the affidavit into account.

Continuation of Prosecution: The prosecutor can still choose to proceed with the case despite the affidavit of non-prosecution, particularly in cases of serious allegations.
Common ANP Cas

Common Criminal Cases with ANPs

Non-prosecution affidavits can be used in various criminal cases, including but not limited to:

Domestic/Family Violence

ANPs are common in domestic or family violence cases, where an alleged victim decides to reconcile with the accused or believes that pursuing charges would be detrimental to the defendant and family dynamic.

Assault cases

Assault cases are extremely common in Texas. If the alleged victim feels that the incident was a misunderstanding or that the charges against the accused are unwarranted, they may pursue an affidavit of non-prosecution in Texas.

Theft or property crime cases

In cases where the property has been returned or the parties have reached a civil agreement, the alleged victim may choose to submit a non-prosecution affidavit to request the dismissal of theft charges.

Again, it is important to understand that the decision to dismiss a case ultimately lies with the prosecutor. They will weigh the affidavit’s merits against the interests of justice and the community before deciding whether to proceed with the case.

How Prosecutors Pursue Cases when Alleged Victims Don’t Want to Prosecute

It may seem counterintuitive, but some prosecutors actually prefer victims who do not want to cooperate. When they go to trial, they just call the officers who responded to the scene and play the 911 call for the jury. That way, they don’t have to worry about what the alleged is going to say on the stand or what is going to come out under cross-examination by the defense attorney.

Facing an Assault Charge? Need an ANP? Contact Us.

If you are facing criminal charges in Tarrant County and the alleged victim has submitted an affidavit of non-prosecution  – or wants to submit an ANP – it is important to understand that this document alone may not be enough to obtain a dismissal. You should contact an experienced Fort Worth criminal defense attorney with a proven track record of success as soon as possible. Getting a prosecutor to dismiss a case takes skill and experience.

The seasoned criminal defense attorneys at Varghese Summersett have the knowledge and expertise to produce the most favorable outcome possible in your case. We can also arrange for the alleged victim to come to our office to complete an ANP. Contact us today at 817-203-2220 for a free consultation.

What Is An Affidavit Of Non-Prosecution In Texas? | Dropping Charges [2023]

FAQs about Affidavits of Non-Prosecution in Texas

There are several ways to get an affidavit of non-prosecution form in Texas including:

  • Contact the defendant’s defense attorney: Many alleged victims will contact the defendant’s defense attorney to fill out an ANP.
  • Contact the District Attorney’s office: Reach out to the District Attorney’s (DA) office handling the case in the county where the offense occurred and tell them you want to fill out an ANP.
  • Obtain the affidavit form from the Internet: Seek out Texas-specific forms online and download the affidavit of non-prosecution to fill out. Here is a downloadable form for your convenience:
  • Contact a private attorney: Reach out to an experienced criminal defense attorney in your area for assistance in filling out the ANP form.

After completing the affidavit of non-prosecution form, you will need to sign it in the presence of a notary public. The notary will verify your identity, witness your signature, and affix their notary seal to the document. At Varghese Summersett, we have notaries in our office but you can find notaries in your area with a quick Internet search. After it is notarized, the form can be submitted to the prosecutor’s office.

A well-crafted non-prosecution affidavit should contain the following key elements:

  • Personal information: The affidavit should clearly state the name, address, and contact information of the person making the statement.
  • Relationship to the accused: The affidavit should state the nature of the relationship between the person making the statement and the accused individual.
  • Reason for the request: The person making the statement should explain their rationale for seeking non-prosecution, including any factors that have influenced their decision.
  • Refusal to Cooperate: The affidavit should state that you do not want to appear as a witness, testify or make any statements about the accused or the alleged offense 
  • Sworn statement: The affidavit must be signed under the penalty of perjury, attesting that the information provided is true and accurate to the best of that person’s knowledge.

Assault family violence, also referred to as domestic assault, is a threat or act of violence towards a family member or someone with whom the defendant lives. This includes:

  • couples who are not married, such as individuals in a dating relationship;
  • anyone who lives under the same roof, including roommates;
  • grandparents and grandchildren; or
  • parents and children – whether biological children or not.

    Under Texas Penal Code § 22.01, a defendant commits the offense of assault – or in this case, domestic assault – if he or she:

  • intentionally, knowingly, or recklessly causes bodily injury to another;
  • intentionally or knowingly threatens another with imminent bodily injury; or
  • intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative.

    Domestic assault is a misdemeanor, however, it is a gateway into a number of felony family violence offenses that occur after an altercation with a family member, someone with whom they live with, or someone with whom they are dating. Read more about family violence in Texas:

No, submitting an affidavit of non-prosecution in Texas does not guarantee the dismissal of charges in Texas. The decision to proceed with or dismiss a case ultimately lies with the prosecutor, who will take the affidavit into account but is not bound by it. The prosecutor will weigh the merits of the affidavit against the interests of justice and the community before deciding whether to continue with the case.

If an alleged victim changes their mind after submitting an affidavit of non-prosecution in Texas, they should contact the District Attorney’s office handling the case as soon as possible to inform them of the change in their stance. Depending on the circumstances and the stage of the legal proceedings, the prosecutor may choose to reevaluate the case. However, the decision to proceed or not will still be at the prosecutor’s discretion, taking into account the available evidence, the interests of justice, and other relevant factors.

While non-prosecution affidavits can be beneficial in some instances, they are not without their drawbacks including:

Prosecutorial discretion: The final decision to prosecute a case rests with the prosecutor, who may choose to proceed with the case despite the submission of a non-prosecution affidavit. 

Coercion or manipulation concerns: There is a risk that the accused may pressure or manipulate the alleged victim into signing a non-prosecution affidavit.

Impact on future cases: If a non-prosecution affidavit is submitted and the charges are dropped, it may be difficult for the alleged victim to pursue charges in the future.

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Juror misconduct occurs when a juror engages in conduct that violates the rules or ethical standards of a court, compromising the integrity of a fair trial. This behavior can take several forms, from improper communication to outside influence, potentially affecting the outcome of a case.

Types of Juror Misconduct

  1. Communication with external parties: Jurors may engage in unauthorized communication about the case with friends, family, or the media, compromising the integrity of the trial.

  2. Independent research: Jurors are expected to base their decisions solely on the evidence presented in court. Conducting independent research on the case or the parties involved may lead to the introduction of external information that could influence their decision.

  3. Inappropriate interactions with parties involved: Jurors may engage in improper interactions with defendants, attorneys, or witnesses, leading to potential bias or the appearance of impropriety.

  4. Social media misconduct: Jurors may post details or opinions about the case on social media platforms, research the parties involved, or attempt to connect with them online, which can affect the trial’s fairness.

  5. Violation of jury instructions: Jurors are expected to follow the judge’s instructions throughout the trial. Failure to do so, such as discussing the case with other jurors before deliberations, can constitute misconduct.

Jury tampering involves attempting to influence a juror’s decision through threats, bribery, or any other form of coercion. This is a criminal offense punishable under Texas Penal Code § 36.05.

Examples of Juror Misconduct in Texas

Jury Misconduct Cases

A juror communicates with a party involved in the case or their attorney, discussing trial details.

A juror shares their opinion on social media, revealing their bias towards the case.

Jury Tampering Examples

A defendant’s family member offers a juror money in exchange for a not-guilty verdict.

A witness threatens a juror, demanding they vote in favor of the prosecution.

Consequences of Juror Misconduct

Juror misconduct can result in a mistrial or a new trial, depending on the severity and impact of the misconduct. Additionally, the offending juror may face penalties, including fines or imprisonment.

Juror Misconduct and Social Media: Risks and Consequences

Juror misconduct related to social media use is a growing concern in today’s digital age. This type of misconduct can occur in various ways, potentially impacting the fairness of a trial.

Forms of Social Media Misconduct

  1. Sharing case details: A juror may post details or opinions about the case on their social media profiles, violating the confidentiality of jury deliberations and potentially influencing other jurors or the public.

  2. Researching parties involved: Jurors might search for information on the parties involved in the case, including the defendant, witnesses, or attorneys. This independent research can lead to jurors forming opinions based on information not presented in court.

  3. Connecting with parties involved: Jurors may attempt to connect with or follow the defendant, attorneys, witnesses, or even other jurors on social media platforms. This behavior can lead to inappropriate interactions or the exchange of information that could influence the juror’s decision-making.

Consequences of Social Media-Related Misconduct

  1. Mistrial or new trial: If juror misconduct related to social media use is discovered and determined to have significantly impacted the trial, a judge may declare a mistrial or grant a new trial to ensure a fair and impartial process.

  2. Penalties for jurors: Jurors found to have engaged in misconduct may face penalties, including fines, contempt of court charges, or even imprisonment, depending on the severity of the misconduct.

Preventing and Addressing Social Media Misconduct

Judges and attorneys play essential roles in preventing and addressing social media-related juror misconduct:

  1. Clear instructions: Judges should provide clear instructions to jurors about the prohibition of social media use related to the case and the potential consequences of violating these rules.

  2. Monitoring: Attorneys should remain vigilant for signs of juror misconduct involving social media use, taking appropriate action if they suspect misconduct.

  3. Legal representation: If you believe social media-related juror misconduct has affected your case, consult an experienced defense attorney immediately. The team at Varghese Summersett is committed to protecting your rights and ensuring a fair trial. Call us today at 817-203-2220 or contact us online.

Addressing Juror Misconduct

If you believe juror misconduct has affected your case, consult an experienced defense attorney immediately. At Varghese Summersett, we thoroughly investigate claims of juror misconduct and advocate for our clients’ rights to a fair trial.

Notable Jury Misconduct Examples in Texas Courts

Example 1: The Tex McIver Case

In the Tex McIver case, a prominent Atlanta attorney was found guilty of murder in the shooting of his wife. After the verdict, it was revealed that a juror had communicated with a court employee during the trial. The juror’s text messages contained information about the case, leading to concerns about the impact on the juror’s decision-making. The defense team filed a motion for a new trial, citing juror misconduct, but the motion was ultimately denied.

Example 2: The Enron Case

In the high-profile trial of Enron’s top executives, juror misconduct allegations arose when a juror was accused of conducting independent research on the case. The juror allegedly used the internet to research the legal concept of “willful blindness,” which was central to the case. Although the defense raised concerns about the potential impact of this misconduct on the verdict, the trial judge did not grant a new trial.

Example 3: The Chantal Eldridge Case

In this sexual assault case, the defendant, Chantal Eldridge, was granted a new trial due to juror misconduct. During the trial, one of the jurors had engaged in an inappropriate relationship with a witness in the case. The misconduct was discovered after the trial, and the judge granted a new trial based on the impact of the juror’s behavior on the jury’s decision-making process.

These examples demonstrate that juror misconduct can take various forms and have a significant impact on a trial’s outcome. If you suspect juror misconduct in your case, seek legal counsel from an experienced attorney. Call Varghese Summersett today at 817-203-2220 or contact us online.

How a Defense Attorney Can Help in a Jury Misconduct Case

A defense attorney plays a crucial role in addressing jury misconduct and ensuring a fair trial for their client. Here are some ways a defense attorney can help in a jury misconduct case:

Investigating Claims of Misconduct

An experienced defense attorney will thoroughly investigate any allegations of juror misconduct. This may involve reviewing court transcripts, interviewing prospective jurors, and examining any relevant evidence, such as text messages or social media posts.

Filing Motions

If there is sufficient evidence of juror misconduct, a defense attorney can file a motion for a new trial or a motion to set aside the verdict, depending on the circumstances. These motions must be based on a well-argued legal premise and supported by relevant evidence.

Presenting Evidence in Court

In cases where the court grants a hearing to address the juror misconduct allegations, a defense attorney will present the evidence supporting the claim and make persuasive arguments on behalf of their client. The attorney’s goal is to demonstrate the misconduct’s impact on the trial’s fairness and the need for a new trial or a different remedy.

Handling Appeals

If the trial court denies the motion for a new trial, a defense attorney can appeal the decision to a higher court, arguing that the juror misconduct significantly affected the outcome of the case and warrants a new trial or other relief.

Ensuring a Fair Trial

In cases where a new trial is granted, a defense attorney will work diligently to ensure that the new trial is free from juror misconduct, closely monitoring jury selection and juror behavior throughout the proceedings.

If you suspect juror misconduct in your case, it is essential to consult an experienced defense attorney. The team at Varghese Summersett is committed to protecting your rights and ensuring a fair trial. Call us today at 817-203-2220 or contact us online.

Texas Supreme Court on Jury Misconduct

The Texas Supreme Court has addressed jury misconduct in various cases, establishing guidelines and principles to handle such issues. While the specific rulings depend on the circumstances of each case, some general themes emerge from the Texas Supreme Court’s decisions on jury misconduct:

Importance of a fair and just jury room and impartial trial

The Texas Supreme Court has consistently emphasized the importance of a fair and impartial jury trial in accordance with the U.S. Constitution and the Texas Constitution. Jury misconduct, when it affects the integrity of the trial, can infringe upon a defendant’s constitutional right to a fair trial.

Material effect on the trial outcome

The Texas Supreme Court has held that for jury misconduct to warrant a new trial, the misconduct must have had a material effect on the trial’s outcome. In other words, there must be a reasonable probability that the jury’s decision would have been different had the misconduct not occurred.

Evaluation of the misconduct

The Texas Supreme Court has established that the trial court should assess whether the misconduct was harmful or harmless. The trial court should consider factors such as the nature and severity of the misconduct, the evidence presented in the case, and the potential impact of the misconduct on the jury’s decision-making process.

The standard of review

In reviewing a trial court’s decision to grant or deny a new trial based on jury misconduct, the Texas Supreme Court has held that appellate courts should apply an “abuse of discretion” standard. This means that the appellate court should defer to the trial court’s decision unless it is determined that the trial court acted arbitrarily or unreasonably in its decision.

FAQs: Jury Misconduct in Texas

FAQs: Jury Misconduct in Texas

A: Juror misconduct occurs when a juror violates court rules or ethical standards, compromising the integrity of a fair trial.

A: Yes, depending on the severity and impact of the misconduct, it can lead to a mistrial or a new trial.

A: A juror guilty of misconduct may face penalties, including fines or imprisonment.

A: Yes, jury tampering is a form of juror misconduct and is punishable under Texas law.

A: Contact an experienced attorney to discuss your concerns and assess the legal terms of the potential impact of the misconduct on your case.

A: If juror misconduct significantly impacted the outcome of your case, you may be able to appeal the verdict.

A: Under Texas Penal Code § 36.05, the punishment for jury tampering depends on the specific circumstances of the offense. Generally, jury tampering is classified as a third-degree felony, which carries a potential penalty of 2 to 10 years in prison and a fine of up to $10,000. However, if the offender committed the act of tampering in retaliation for or on account of the juror’s service or prospective service in the official proceeding, the offense is elevated to a second-degree felony, punishable by 2 to 20 years in prison and a fine of up to $10,000.

A: A juror can be disqualified for misconduct if they engage in behavior that compromises the fairness of the trial, such as discussing the case with external parties, conducting independent research, or having improper contact with all the jurors or parties involved.

A: Yes, a juror can be replaced by an alternate juror during a trial if the judge determines that the juror engaged in misconduct that affects the trial’s integrity.

A: If you are a juror and suspect misconduct by a fellow juror, report the issue to the judge’s discretion as soon as possible. If you are a defendant or attorney who suspects juror misconduct, promptly bring the issue to the judge’s attention to address it appropriately.

A: Yes, if the judge determines that the jury misconduct has significantly impacted the trial’s fairness or impartiality, they may declare a mistrial. In some cases, a new trial may be granted.

A: In some cases, if juror misconduct is discovered after the verdict and it is determined to have had a material effect on the trial jury’s deliberations and outcome, a court may overturn the verdict and grant a new trial.

A: Judges can prevent juror misconduct by providing clear instructions about the conduct expected from jurors, outlining the potential consequences of misconduct, and closely monitoring jurors for signs of improper behavior.

A: Yes, depending on the severity of the misconduct, a juror can face penalties such as fines, contempt of court criminal charges, or even imprisonment.

A: An attorney must present evidence of juror misconduct, such as witness testimony, affidavits, or other documents, to demonstrate that the misconduct occurred and had a material effect on the trial’s outcome. The burden of proof is on the party alleging the misconduct.

A: Yes, during the jury selection process, attorneys, court officers and the judge may uncover potential misconduct or bias, such as a juror’s prior relationship with a party involved in the case or a juror’s preconceived opinions about the case. In such situations, the juror may be disqualified before the trial begins.

A: If you suspect juror misconduct after a trial has concluded, consult an experienced defense attorney immediately. They can help you assess the situation and determine the appropriate course of action to address the misconduct, which may include filing a motion for a new trial.

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What are Contact Visits in Texas Prisons?

Contact visits for Texas inmates are face-to-face meetings between inmates and their loved ones without physical barriers, allowing for limited physical contact. In Texas, both jails and prisons have specific rules and regulations governing contact visits, including eligibility criteria, scheduling, and procedures.

Eligibility for Contact Visits for Texas Prison Inmates

Inmate Classification and Behavior

Inmates must be classified as minimum or medium custody and maintain a good disciplinary record. Inmates with disciplinary infractions or a history of violence may be denied contact visits.

Visitor Approval Process

Visitors must be approved by the Texas Department of Criminal Justice (TDCJ) before being allowed to make visitation information and participate in contact visits. This involves submitting a visitation application and undergoing a background check. Only approved visitors, such as immediate family members and close friends, will be allowed to participate in contact visits for Texas inmates.

Are Conjugal Visits Allowed in Texas?

Conjugal visits, also known as extended family visits or private family visits, are visits that allow inmates in prison to spend time with their spouses or significant others in a private, home-like setting. These visits are typically unsupervised and can last for several hours or even days, depending on the jurisdiction and the specific rules governing the visits.

Current Status of Conjugal Visits in Texas Prisons

As of now, Texas does not allow conjugal visits for inmates in its state prisons. The Texas Department of Criminal Justice (TDCJ) has consistently maintained a policy against allowing these visits, citing concerns over safety, security, and costs associated with implementing such a program.

Procedures for Contact Visits in Texas Prisons

Scheduling Contact Visits

Once a visitor has been approved, they must schedule their contact visit. Contact visits for Texas inmates in prison are typically held on weekends and holidays, with a limited number of slots available. It is essential to schedule your visit in advance to ensure a spot.

Rules and Regulations for Contact Visits for Texas Inmates

During contact visits, both the visitor and the inmate must follow strict rules to ensure the safety and security of everyone involved. These rules may include:

  • Dress code requirements for visitors

  • Restrictions on items brought into the visitation area

  • Limited physical contact, such as brief hugs and handshakes

Violating these rules may result in the termination of the visit or loss of contact visitation privileges.

Are conjugal visits allowed for Texas inmates?

No, conjugal visits are not allowed for Texas inmates. The Texas Department of Criminal Justice (TDCJ) does not permit conjugal visits, which are private visits between an inmate and their spouse, typically for the purpose of maintaining intimate relationships. In Texas, only contact visits are allowed, and these visits have strict rules and limitations, including restrictions on physical contact and online video visitation.

Do Texas inmates ever get privacy with visitors?

In Texas, inmates do not get privacy with visitors during regular visits, including contact visits. Visits are closely monitored by correctional staff to ensure the safety and security of everyone involved. In contact visits, there may be limited physical contact allowed, such as brief hugs and handshakes, but there is no privacy provided for inmates and their visitors. This restriction is in place to prevent contraband exchange and other security risks associated with private visits.

Were conjugal visits ever allowed for Texas inmates?

Conjugal visits were never allowed for Texas inmates. TDCJ has not permitted conjugal visits in its history. Texas only allows contact visits, which are face-to-face meetings between inmates and their loved ones without physical barriers, but with strict rules and limitations for special visits, including restrictions on physical contact. The rationale behind not allowing conjugal visits in Texas, as in many other states, includes concerns about security risks, potential contraband exchange, and the cost of maintaining facilities and staff for such visits.

What states allow conjugal visits?

Only a few states in the United States allow conjugal visits, also known as extended family visits or private family visits. These states are:

  • California
  • Connecticut
  • New York
  • Washington

It is essential to note that policies regarding conjugal visits may change over time, and each state may have its specific eligibility requirements and regulations. Before planning a conjugal visit, check the most recent policies and guidelines provided by the respective state’s department of corrections.

What type of items can visitors bring for Texas inmates?

Visitors are generally not allowed to bring items directly to inmates during visits at Texas correctional facilities. However, there are specific items that may be allowed in the visitation area for the visitors’ use during the visit. These prohibited items may include:

  • A small wallet or clear plastic bag containing identification, car keys, and a small amount of cash or coins for vending machines, if available.
  • Necessary medications, such as asthma inhalers, nitroglycerin tablets, or EpiPens, in their original containers, with prior approval from the facility.
  • Baby care items for visitors with infants, such as diapers, wipes, and a baby bottle, in a clear plastic bag. The items should be the minimum necessary for the visit’s duration.

It is crucial to check the specific rules and regulations for the jail or prison you plan to visit, as each facility may have its guidelines regarding items allowed during visitation.

Most Texas correctional facilities have a commissary system, where friends and family members can deposit money into an inmate’s account, allowing the inmate to purchase approved items such as food, personal hygiene products, and stationery.

texas inmate visitation

FAQs: Texas Inmate Visitation

A contact visit is a face-to-face meeting between an inmate and an approved visitor without physical barriers, allowing for limited physical contact.

You must submit a visitation application and undergo a background check by the TDCJ. Only immediate family members and close friends may be approved for contact visits.

Contact visits are typically held on weekends and holidays, with a limited number of slots available.

No, only inmates classified as minimum or medium custody and with a good disciplinary record are eligible for contact visits.

Rules for contact visits may include dress code requirements, restrictions on items brought into the visitation area, and limits on physical contact between inmates and visitors.

Violating contact visit rules may result in the termination of the visit or loss of contact visitation privileges.

Once you are an approved visitor, you must schedule your contact visit in advance, typically through the prison’s visitation office.

Yes, contact visits can be denied for various reasons, such as the inmate’s disciplinary record, visitor background check results, or if visitation rules are violated.

If you believe your visitation rights have been violated, reach out to an experienced criminal defense attorney to help you understand and assert your rights.

Call Varghese Summersett today at 817-203-2220 or contact us online for expert legal assistance regarding visitation rights and procedures.

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What Happens if Your Name is Found in a Drug Dealer’s Phone?

If the police find your name on a drug dealer’s phone in Texas, it does not necessarily mean that you will be charged with a crime. However, it could potentially make you a person of interest in a police investigation. Here are some of the things the police may do if they find your name in a drug dealer’s phone with messages that can be interpreted as being related to drug deals. No, asking about “work” isn’t fooling anyone.
  1. Monitor you: The police may decide to monitor your activities for some time to gather more information. This may involve surveillance, tracking your phone calls or online activities, or looking into your financial transactions.
  2. Question you: The police may contact you for questioning to understand the nature of your relationship with the drug dealer. It is essential to remember that you have the right to remain silent and consult with an attorney before speaking with the police.
  3. Obtain a search warrant: If the police have enough evidence or reasonable suspicion to believe that you are involved in drug-related activities, they may obtain a search warrant to search your property, such as your home or vehicle, for further evidence.

What if the Investigation Continues?

If the police reach out to question you or obtain a search warrant, you should immediately hire a criminal defense lawyer. There are a number of possible outcomes in the investigation continues:

No Action is Taken

In some cases, the police may not take any action if your name is found on a drug dealer’s phone, particularly when there is no other evidence linking you to illegal drugs or activities or an attorney intervenes on your behalf to point out the weaknesses in the case.

There’s an Ongoing Investigation

If the police have reason to suspect your involvement in drug-related activities, they may initiate an investigation. This could include monitoring your communications on cell phones, interviewing you or others who know you, or conducting surveillance. An example of when an investigation might be initiated is if your name is found alongside incriminating messages related to drug transactions.

Arrest and Prosecution

If the investigation yields sufficient evidence to charge you with a drug-related offense, you may be arrested and face criminal charges. Texas Health and Safety Code §§ 481.101-481.125 cover various drug offenses, ranging from possession to manufacturing and delivery. The specific actions taken by the police will depend on various factors, including the context in which your name appeared on the dealer’s phone and the strength of any additional evidence they uncover during their investigation. It is important to remember that simply having your name on a drug dealer’s phone does not automatically mean that you will face criminal charges. If you are concerned about your legal situation, it is highly recommended that you consult with a criminal defense attorney with Varghese Summersett as they can provide you with guidance and representation tailored to your specific circumstances.

The Role of Probable Cause and Search Warrants

Establishing Probable Cause

Before conducting a search or seizing evidence, law enforcement must have probable cause to believe that a crime has been committed. Your name appearing on a drug dealer’s cell phone alone may not be enough to establish probable cause, but it could contribute to a broader investigation.

Obtaining Search Warrants

If the police believe they have enough evidence to establish probable cause, they may seek a search warrant for your property, electronic devices, or other personal belongings. This warrant must be issued by a judge and will outline the scope of the search.

Protecting Your Rights and Building a Strong Defense

Asserting Your Constitutional Rights

The U.S. Constitution provides certain protections, such as the right to remain silent and the right to an attorney. It’s crucial to exercise these rights if you find yourself under investigation or facing criminal charges related to your name being on a drug dealer’s phone.

Challenging Evidence and Law Enforcement Procedures

An experienced attorney from Varghese Summersett can evaluate the evidence against you and scrutinize law enforcement’s actions. This may involve challenging the legality of searches, seizures, and interrogations

How a Criminal Defense Attorney Can Help if Your Name is Found on a Drug Dealer’s Phone

Evaluating the Evidence

A skilled criminal defense attorney will meticulously review the evidence against you, including how your name was discovered on the drug dealer’s phone, and assess the strength of the prosecution’s case.

Developing a Strategic Defense Plan

Based on the evaluation of the evidence, the attorney will create a tailored defense strategy to address the specific allegations and circumstances of your case. This may involve presenting alternative explanations for your name being on the phone or demonstrating that the evidence is insufficient to support the charges.

Challenging Law Enforcement Actions

We will scrutinize the actions taken by law enforcement during the investigation, including the legality of searches, seizures, and interrogations. If we find any motions, we will file motions to suppress evidence or dismiss the charges.

Negotiating with Prosecutors

In appropriate cases, we will engage in negotiations with the prosecution to potentially secure a favorable plea agreement or reduced charges.

Representation in Court

We are at home in court. Some cases are resolved pretrial, through dismissals, no-bills, and sometimes plea. If your case proceeds to trial, the attorney will vigorously represent you in court, presenting your defense, cross-examining witnesses, and advocating for your acquittal or the most favorable outcome possible.

Have the police reached out to you? Call us.

If you are concerned about your connection to a potential drug investigation, you should consult with an experienced criminal defense attorney at Varghese Summersett. Our team of skilled defense lawyers includes Board Certified defense specialists and former prosecutors. For a complimentary consultation, call us 817-203-2220 or contact us online. texas drug investigations

FAQs: Texas Drug Investigations | Police Found My Name on a Drug Dealer’s Phone

No, simply having your name on a drug dealer’s phone does not automatically lead to criminal charges. The police must have sufficient evidence of your involvement in illegal activities before charges can be filed.

In general, the police need a warrant to search your mobile phone. However, there are exceptions, such as when you give consent or when there are exigent circumstances.

To protect your rights, remain silent, refuse consent to searches, and request an attorney. Contact Varghese Summersett at 817-203-2220 for legal representation.

Use strong passwords, enable encryption, avoid suspicious apps, and maintain up-to-date security software to protect your personal information on your phone.

Yes, an experienced criminal defense attorney from Varghese Summersett can help you build a strong defense against drug conspiracy charges, challenging the evidence and the prosecution’s case.

Penalties for drug offenses in Texas can range from fines and probation to lengthy prison sentences, depending on the type and amount of the illicit drugs are involved, prior convictions, and other factors.

Yes, an experienced criminal defense attorney from Varghese Summersett can help you build a strong defense against drug conspiracy charges, challenging the evidence and the prosecution’s case.

Penalties for drug offenses in Texas can range from fines and probation to lengthy prison sentences, depending on the type and amount of the illicit drugs are involved, prior convictions, and other factors.

The length of a drug-related investigation can vary greatly, depending on the complexity of the case, the resources allocated to the investigation, and other factors.

Select an attorney with experience handling drug cases, a strong track record, and a deep understanding of Texas drug laws.

Under certain conditions, you may be eligible for expungement or non-disclosure of a drug conviction. Consult with an attorney from Varghese Summersett to discuss your options.

Internal link suggestion: Expunction and Non-Disclosure in Texas

If the evidence suggests you were involved in a drug conspiracy or a drug crime that crossed state lines, you may face federal charges. A criminal defense attorney can help you navigate both state and federal charges.


Yes, you can get in trouble for texting about drugs if the messages are discovered by law enforcement and indicate that you are involved in drug-related activities, such as buying, or selling drugs, or conspiring to distribute drugs.

Police can use text messages about drugs as evidence to support criminal charges if they indicate your involvement in drug-related activities. These messages may also lead to further investigation, surveillance, or search warrants.

If your drug dealer is arrested, it is possible that law enforcement could investigate their contacts, including you. If there is evidence linking you to drug-related activities, you could be at risk for investigation or criminal charges.

Yes, you can potentially face jail time if text messages about drugs are discovered by law enforcement and are used as evidence to support criminal charges, such as possession, distribution, or drug conspiracy.

Yes, asking for drugs via text message can be considered a criminal act under solicitation or drug conspiracy laws, depending on the circumstances and jurisdiction. If law enforcement discovers messages in which you are asking for drugs, you could potentially face criminal charges.

Yes, you can get in trouble for texting about drugs if law enforcement discovers messages that indicate your involvement in drug-related activities. These messages can be used as evidence to support criminal charges for drug use, such as possession, distribution, or conspiracy to distribute drugs.

It is not advisable to text about drugs, as it may expose you to potential legal consequences. Engaging in drug-related activities or discussing them through text messages can lead to criminal charges if discovered by law enforcement. It is best to avoid discussing illegal activities through any form of communication.


Varghese Summersett
April 4, 2023 Update: Donald-J-Trump-Indictment Former President Donald Trump’s indictment is for 34 counts of falsifying business records. A count can be any unique manner and means to commit an offense. In other words, it is not that the indictment alleges 34 unique offenses in the way most people would understand an offense. Instead, each ledger entry and check has been made its own “count.” Falsifying a business is a misdemeanor in New York, but it becomes a felony if the intent of falsifying the business record was to commit or conceal another crime. Notably, nothing in the indictment says what the other crime is supposed to be. The purpose of the indictment is to give notice to the accused what he is being charged with. If faced with this type of a indictment in state court, Varghese Summersett would assuredly respond with a Motion to Quash the indictment. April 2, 2023 Former President Donald Trump was indicted on Thursday by a Manhattan grand jury, becoming the first current or former president to face criminal charges in the last century. Trump is expected to be in court on Tuesday for an arraignment. In this article, Board Certified Criminal Attorney Benson Varghese explains what’s the behind the prosecution, the criminal process, and answers questions about this precedent-setting prosecution.

What has Donald Trump been charged with?

Here is the indictment against Donald Trump:
The indictment is currently under seal. It is not uncommon for judges to keep indictments under seal until the arraignment. The indictment will become public on Tuesday at the arraignment. What we do know is that the grand jury has been looking at a $130,000 payment made to Stormy Daniels. She alleges the payment was to keep her from going public about a sexual affair.

Is hush money illegal?

There is nothing inherently illegal about paying hush money under most circumstances. In many regards, it is no different than paying someone for a nondisclosure agreement or requiring someone to maintain trade secrets. However, how payments are structured could open a person up to become the target of a prosecutor. For example, Michael Cohen was prosecuted federally for how he handled payments to Daniels. Notably, federal prosecutors did not charge Trump. It is likely the prosecutor is looking at some sort of fraud charge. For example, New York state law prohibits the falsification of certain business records. They could make an argument that the payment Cohen made to Daniels was falsified with the intention of committing another crime. At this point, that seems like a stretch, which is part of the reason why everyone is eager to see what is in the indictment on Tuesday.

What is an indictment?

An indictment is a formal, written accusation that charges an individual with a crime. It is issued by a grand jury, which is a group of citizens convened to determine whether there is probable cause to believe the individual – in this case, former President Trump – has committed the alleged offense. If the grand jury believes there is probable cause, they will issue an indictment, which serves as the first step in the criminal prosecution process. Grand jury proceedings are secret and take place behind closed doors. Prosecutors present evidence by reciting facts or providing witness testimony or exhibits. The process is not an adversarial process. The defendant is not present, and the defense attorney does not have a right to be in the room. That’s part of the reason why no one knows when an indictment is coming down. Once an individual has been indicted, they will typically face an arraignment, where they will be advised about the charges against them.

What is an arraignment?

Former President Trump is set to be in court on Tuesday for an arraignment. An arraignment, in this context, is the process by which a judge informs the accused of the charge against them and addresses whether a bond will be set and the amount.

Are politics behind the Donald Trump indictment?

It is hard to ignore the political realities. First, the prosecutor is a state District Attorney. He is a democrat who ran on the platform that he would indict Trump. Second, the old adage that a grand jury will indict a ham sandwich has some truth to it – grand jury presentations are made only by prosecutors. The defense is not present. It is basically a prosecutor making a pitch to average citizens that “there is probable cause to believe this offense took place.” The pitch is not, “this is a strong case that we know we can prove beyond a reasonable doubt.”

Can Donald Trump still run for President?

You bet. The United States Constitution outlines the requirements to run for President in Article II, Section 1. According to the Constitution, a candidate must meet the following criteria to be eligible for the office of President:
  • Natural Born Citizen of the United States
  • At least 35 Years Old
  • A resident of the U.S for at least 14 years
There is nothing that prohibits Trump from running for president while under indictment.

Will Donald Trump be taken into custody on Tuesday?

Former President Trump is expected to “surrender” himself on Tuesday and appear voluntarily in court. We should not expect handcuffs or a “perp walk.” He will likely be fingerprinted and photographed before seeing the judge, who will inform him of the charge against him and address any bail matters. There’s really no reason for the judge to set a bond, as bonds are merely a promise to appear in court. The former president is not a flight risk nor does he have any criminal history.

What is the political effect of this indictment?

Given the fact that District Attorney Alvin Braggs made a Trump indictment a major part of his political platform, it is impossible to say politics did not play a part in this prosecution. I wouldn’t be surprised if the charges actually galvanize Trump’s political base and put him in a better position than he was before the charge.

What happens next?

Now that Trump has been indicted, the case will wind its way through the criminal justice process. That will include a number of court settings until the case is resolved either through a plea-bargain agreement or a trial. Of course, no one expects Trump to ever plead guilty to the charges – or the DA to dismiss the charges – so the reality is that we may see a very high-profile trial of a former president in the next year or two. Stay tuned.

About Benson Varghese

Benson Varghese is the founder and managing partner of Varghese Summersett, one of the largest and fastest-growing criminal defense, personal injury, and family law practices in North Texas. He is a Board Certified Criminal Lawyer and an experienced litigator who has tried more than 100 cases before state and federal Texas juries. Before going into private practice and starting his own firm, Benson served as a prosecutor at the Tarrant County Criminal District Attorney’s Office. Read more about Benson here. Benson is frequently asked to weigh in on local or national stories as an expert legal analyst. If you are a member of the media and would like to speak to Mr. Varghese, please contact his media relations director, Melody Lanier, at 817-203-2220 or 817-821-3935.
Varghese Summersett

Understanding Intensive Day Treatment Programs

Intensive Day Treatment (IDT) programs in Tarrant County provide an alternative sentencing option for eligible individuals charged with certain criminal offenses. These programs are designed to rehabilitate and reintegrate individuals into society by addressing underlying issues such as substance abuse, mental and behavioral health, and behavioral problems. IDT programs are typically court-ordered and involve a structured, daily schedule of counseling, education, and therapy sessions.

Eligibility Requirements for Intensive Day Treatment

To be eligible for an IDT program, individuals must meet the following criteria:

  • Tarrant County resident
  • History of mental health and/or substance abuse issues
  • At risk of reoffending without intervention
  • Willing to participate in the program
  • Non-violent criminal charges
  • No prior felony drug convictions
  • Demonstrated need for treatment services
  • Approval by the judge overseeing the case

Benefits of Intensive Day Treatment in Tarrant County

Reduced Incarceration and Recidivism Rates

IDT programs aim to reduce the likelihood of future criminal behavior by addressing the root causes of criminal conduct. Participants who successfully complete the program may avoid jail time, have their charges reduced, or receive a more lenient sentence.

Improved Mental Health and Substance Abuse Treatment

IDT programs focus on both mental health services and substance abuse treatment, providing participants with resources and support to address their underlying issues. This holistic approach promotes personal growth and long-term recovery.

Increased Employment and Educational Opportunities

By participating in an IDT program, individuals and youth can gain valuable life skills training, education, and employment training. These opportunities can help participants achieve self-sufficiency and establish a stable, productive future.

Components of the Intensive Day Treatment Program

The IDT program in Tarrant County comprises the following:

  • Group therapy sessions
  • Substance abuse treatment
  • Mental health counseling
  • Life skills training
  • Case management services

intensive day treatment

Organizations offering IDT or similar programs in Tarrant County

Many Tarrant County organizations offer mental health, substance abuse, or developmental disability services. These organizations may have IDT programs or other intensive outpatient programs. Among those most prominent are:

  1. My Health My Resources (MHMR) of Tarrant County: MHMR is a prominent provider of mental health, substance abuse, and developmental disability services in Tarrant County. They offer various programs, which may include IDT or similar intensive services.
  2. Lena Pope: Lena Pope is a non-profit organization that provides mental health services, including counseling and therapy, for children, adolescents, and their families in Tarrant County. Their services may include intensive day treatment programs or other intensive outpatient programs.
  3. Excel Center of Fort Worth: The Excel Center is a part of the Mental Health America of Greater Tarrant County and offers an intensive outpatient program (IOP) for adults experiencing mental health issues. While this is not an IDT program, it does provide a higher level of care than traditional outpatient services.
  4. Recovery Resource Council: This organization provides substance abuse treatment and mental health services, including intensive outpatient programs for adults and adolescents.

What is Tarrant County MHMR?

Tarrant County MHMR (Mental Health My Resources) is a community-based organization providing mental health, intellectual and developmental disability, and substance abuse services to residents of Tarrant County in Texas, United States. The organization is typically referred to as “My Health My Resources (MHMR)” of Tarrant County. MHMR of Tarrant County aims to improve the lives of individuals and families affected by mental health issues, intellectual and developmental disabilities, and addiction by offering a range of services, including counseling, therapy, crisis intervention, and case management.

These services are designed to help individuals lead healthier and more independent lives, with a focus on early diagnosis, intervention, recovery, and overall well-being. MHMR of Tarrant County may collaborate with other local agencies, medical professionals, and community organizations to ensure comprehensive support for those in need.

How Varghese Summersett Can Help

Evaluating Your Eligibility for Intensive Day Treatment

Our experienced attorneys at Varghese Summersett can assess your case to determine if you qualify for an IDT program in Tarrant County. We’ll analyze your specific circumstances, criminal history, and current charges to recommend the best course of action.

We’ll evaluate your eligibility for the IDT program and prepare a strong case to support your participation in the program.

Advocating for Your Admission to an IDT Program

If you’re eligible for an IDT program, our attorneys will advocate on your behalf to the court, highlighting the benefits of the program and how it aligns with your rehabilitation needs. We’ll work tirelessly to ensure you receive the best possible outcome for your case.

FAQ: Intensive Day Treatment in Tarrant County

The duration of the IDT program varies depending on individual needs, but it typically lasts between three to six months.

There may be fees associated with the program, but financial assistance may be available. Contact our team to discuss your options.

Yes, the IDT program is designed to accommodate participants’ work schedules.

Failure to complete the IDT program may result in legal consequences, such as probation revocation or jail time.

Our experienced attorneys can help you apply for an IDT program.

Are you or a loved one facing a drug or mental health-related offense? Call us.

We understand navigating the legal world and is  Intensive Day Treatment process can be overwhelming. Our team will provide guidance and support, answering your questions and addressing any concerns you may have along the way.

Call Varghese Summersett today at 817-203-2220 or contact us online to discuss your case and explore the possibility of Intensive Day Treatment.

Varghese Summersett

Fights break out daily among middle and high school students across North Texas. They occur at school, after school, sporting events, parties … the list goes on. Many of these fights begin and end quickly with no serious, long-term consequences – other than a trip to the principal’s office or a call to a parent.

If police are contacted, however, it can be a completely different story. Fighting – even among teens – is a crime in Texas. It’s called assault, and a charge can bring serious consequences if not handled properly by an experienced juvenile defense attorney. In this article, we will discuss misdemeanor juvenile assaults in Texas and what you should do if your child has been accused of or arrested for fighting.

At Varghese Summersett, we are fortunate to have one of the best juvenile assault defense attorneys in Texas on our team. Lisa Herrick is a highly-renowned attorney who is Board Certified in Juvenile Law. This means she is an expert in juvenile law and has a wealth of experience in representing minors accused of assault.

Who is considered a juvenile in Texas?

In Texas, children between the ages of 10 and 16 are considered juveniles for purposes of criminal prosecution. Once a teen turns 17, they are considered an adult and will be handled by the adult criminal justice system.

The juvenile justice system is much different than the adult system, in that the focus is on rehabilitation and treatment rather than punishment. If a juvenile is accused of committing a misdemeanor assault, he or she will be handled by a juvenile court or municipal court, rather than the adult criminal justice system.

What is misdemeanor assault for juveniles in Texas?

In Texas, most juvenile assaults are misdemeanors (as opposed to felonies). Under Texas law, there are four types of misdemeanor, or simple, assaults. They are defined in Section 22.01 of the Texas Penal Code, but we also offer some hypothetical situations that may help to illustrate the different offenses.

  • Assault by Contact: A juvenile commits assault by contact if he or she intentionally or knowingly causes physical contact with a person who will perceive it as offensive or provocative. Examples of assault by contact would include spitting on someone, shoving them, or poking them in the chest. Even though it didn’t cause bodily injury, offensive physical contact can still be considered assault in Texas.

Hypothetical Scenario: Two 14-year-old middle school students are playing basketball in the gym. An argument breaks out, and one of the boys pushes the other and spits on him. The coach breaks it up and calls the school resource officer. The school resource officer determines that the teen committed assault by contact and issues a ticket.

  • Assault by Threat: A juvenile commits assault by threat if he or she intentionally or knowingly threatens an individual either verbally or non-verbally, with the threat of imminent bodily injury. 

Hypothetical Scenario: Two 16-year-old girls get into an argument in the school cafeteria. One of them stands up, points her finger at the other girl and yells “If you don’t leave me alone, I swear I’m going to beat your a– in front of everyone.” The school resource officer is called and determines that the teen committed assault by threat and issues a ticket.

  • Assault Bodily Injury: A juvenile commits assault bodily injury if he or she intentionally, knowingly or recklessly causes bodily injury to another. Bodily injury is defined as physical pain, illness, or any impairment of physical condition.  A visible injury isn’t required. If the victim felt pain that’s enough to constitute bodily injury.

Hypothetical Scenario: Two 15-year-old boys get into an argument at an off-campus homecoming party. One of them punches the other in the face, causing a busted nose and visible bruise and redness to his eye. A parent at the party calls the police. The police arrive and take the teen into custody for assault bodily injury.

  • Assault Bodily Injury Against a Family Member: A juvenile commits assault bodily injury against a family member if he or she intentionally, knowingly, or recklessly causes bodily injury to a parent, sibling, roommate, or boyfriend/girlfriend.

Hypothetical Scenario: A 15-year-old teen is playing video games at 2 a.m. when his 24-year-old brother comes in and abruptly turns the game off, causing him to lose. Furious, the teen starts yelling and starts punching him. Wanting to resolve the situation by not sure how, the mother calls the police for help. The teen is taken into custody for assault bodily injury against a family member.

What is the punishment for misdemeanor juvenile assault charges?

When police get involved, teens face legal punishment for juvenile misdemeanor assault (as well as possible discipline by their parents, school, coaches, etc.) The legal ramifications could include probation, fines, and for more serious offenses, possible placement in a residential or treatment facility. Here’s a look at the penalties for misdemeanor juvenile assault in North Texas.

  • Assault by Contact and Assault By Threat: Both are Class C misdemeanors, punishable by a ticket with a maximum $500 fine. Even though this is a municipal ticket, it is extremely important not to just pay the ticket, which will result in a conviction that could leave the juvenile with a criminal record. An experienced juvenile defense assault attorney can help resolve the ticket in a manner that will hopefully result in a dismissal and keep the child’s record clean.
  • Assault Bodily Injury and Assault Bodily Injury Against a Family Member: Both are class A misdemeanors punishable by probation, and in some cases, placement in a residential or treatment facility up until the child’s 18th birthday. Deferred Prosecution Probation (DPP) may also be an option for a first-time offender, which would result in no admission of guilt and a dismissal upon successful completion. An experienced juvenile defense attorney will work to resolve the case in a manner that will not negatively impact the child’s future.

** Confinement in the Texas Juvenile Justice Department (TJJD), which is the prison for juveniles, is not a possible punishment for misdemeanor juvenile assaults

Juvenile Defense Lawyer Fort Worth | Board Certified Juvenile Defense

Why are fights common among teens?

Teenagers get into fights for various reasons, some of which make sense while others do not.

  1. Bullying: Students who feel targeted or bullied by their peers may engage in physical altercations as a way to defend themselves or assert their power.
  2. Peer pressure: Teenagers may feel pressure to conform to the behaviors of their peers, including participating in fights.
  3. Substance abuse: Substance abuse can impair judgment and increase impulsiveness, leading to violence.
  4. Jealousy: Jealousy or possessiveness over a romantic partner can often lead to physical altercations.
  5. Mental health issues: Teenagers with undiagnosed or untreated mental health conditions may be more prone to violent behavior.
  6. Family conflicts: Family conflicts and stress can spill over into a student’s behavior at school, leading to fights.
  7. Territorial disputes: Teenagers may engage in fights to defend their territory or defend their reputation.

What are possible juvenile assault defenses?

Every case is different, but there are some common defenses that may be raised in a juvenile misdemeanor assault case, including but not limited to:

  1. Self-defense: If the juvenile was acting in self-defense and was protecting themselves or others from harm, this can be a valid defense.
  2. Defense of property or a third person: If the juvenile was defending their property or another person, this can be a valid defense.
  3. Consent/Mutual Combat: If the victim consented to the physical contact that led to the assault charge, it’s possible it could be used as a defense. Often times teens horse around, and both parties are equally culpable.
  4. Accident: Sometimes assault accusations stem from accidental contact, such as during a sports game or physical activity. If no intentional contact was made, this could be used as a defense.
  5. Lack of evidence: Sometimes there is not enough evidence to prove assault beyond a reasonable doubt, and if this is the case a good lawyer can use that lack of evidence to your advantage.

It is important to note that these defenses may not be applicable in every case, and the specific circumstances surrounding each case will determine the validity of each defense. An experienced juvenile assault defense attorney can advise the juvenile and their family on the best defense strategy for their case.

Why do I need an experienced juvenile assault defense attorney?

Lisa Herrick Juvenile Defense Lawyer
Lisa Herrick, Juvenile Assault Defense Lawyer

When it comes to your child, it’s important not to leave anything to chance. This is especially true when it comes to juvenile assault charges. An experienced juvenile assault defense attorney can help you protect your child’s future and make sure they get the best possible outcome.

An experienced juvenile assault defense attorney will have in-depth knowledge of juvenile laws, processes, and procedures, as well as alternative resolutions and diversion programs. A seasoned attorney will also provide guidance and support throughout the legal process, giving the juvenile and the parents peace of mind during what can be a challenging time.

Juvenile law is a very nuanced, specialized area of law. You wouldn’t want a general practitioner handling a major surgery; the same holds true for juvenile assault defense. An experienced attorney can help you navigate the complexities of the legal system and make sure your child’s rights are protected every step of the way.

Child arrested for juvenile misdemeanor assault? Contact us.

If your child was ticketed or arrested for juvenile misdemeanor assault in North Texas, your next step is to call an experienced juvenile assault defense attorney. At Varghese Summersett, we understand that juveniles make mistakes and are not immune to making poor decisions in their moment of anger or frustration. We also know that mistakes should not define them for the rest of their lives.

Board Certified Juvenile Defense Attorney Lisa Herrick has devoted her career to helping juveniles who have found themselves in legal trouble. With extensive experience navigating the juvenile justice system, Lisa knows how to get the best outcome for her clients and their families. Call 817-203-2220 today for a free consultation with Lisa.

Varghese Summersett

What is Conduct Indicating a Need for Supervision in Texas?

Conduct indicating a need for supervision, or CINS, involves a fine-only offense other than a traffic violation.

If your child is facing a juvenile violation in Tarrant County, contact an experienced Fort Worth CINS juvenile attorney.

CINS violations often require varying levels of probation but don’t include juvenile detention, jail, or prison. These cases are tried in juvenile court.

It’s essential to consult with an experienced Fort Worth CINS juvenile attorney as soon as possible. Varghese Summersett’s Lisa Herrick is one of three Board Certified juvenile defense attorneys in Tarrant County.

In this post, we’ll explain what Texas considers conduct indicating a need for supervision, the potential consequences, and how CINS are different than delinquent conduct.

What happens if my child is accused of a CINS violation in Fort Worth?

Juveniles accused of a CINS violation or delinquent conduct are usually referred to juvenile court. Depending on the alleged violation, the child could be returned home or be charged with an offense.

CINS violations are less serious offenses than delinquent behavior, but could still result in probation or other actions required by Tarrant County Juvenile Services.

Having a dedicated Fort Worth CINS juvenile attorney guiding you and your child through the process is indispensable. Call Varghese Summersett to discuss your case with Lisa.

What are the major CINS violations in Texas?

Conduct indicating a need for supervision offenses are less serious types of juvenile offenses.
CINS are offenses that would not force adults to jail or prison if they committed the same offense, and adults would likely only receive a fine if convicted.
Although offenses such as truancy, alcohol or tobacco use, or violations of certain court orders could require a CINS designation, Texas classifies the following six behaviors as CINS offenses for juveniles in the Juvenile Justice Code:

Any fineable offense
Running away
Inhalant abuse
expulsion from school
Conduct violating a court order for a child declared at risk

What are the consequences of CINS in Fort Worth?

CINS are not criminal offenses. However, juveniles do face legal consequences if adjudicated.
The state has a wide range of options if a juvenile is charged with conduct indicating a need for supervision.
A judge can issue probation but can’t send a juvenile to the Texas Juvenile Justice Department for detention for a CINS violation. Probation restrictions set by the judge typically depend on the seriousness of the infraction.

For offenses involving emotional, sexual, or behavioral issues, juveniles can be required to complete a diversionary program. If drugs or alcohol are involved, they could be required to enroll in a substance abuse treatment program.
To better understand the type of consequences for your child, consult with a top Fort Worth CINS juvenile attorney.

Conduct Indicating a Need for Supervision

How is delinquent conduct different than CINS?

Texas law describes delinquent conduct as any state or federal law violation that is punishable by jail or prison for adults other than traffic offenses.

A juvenile offense classified as delinquent conduct is comparable to a felony or Class B misdemeanor or higher, such as driving while intoxicated, intoxication assault, sex offenses, or contempt of court.

Is your child facing legal trouble? Call Varghese Summersett.

If your child has been accused of a CINS violation or is facing a legal issue, contact a skilled Fort Worth CINS juvenile attorney as soon as possible. Lisa Herrick at Varghese Summersett is one of three Board Certified juvenile defense attorneys in Tarrant County.

She will protect your child’s rights and work to resolve the issue in the most favorable manner possible.

For a free consultation, call us at 817-203-2220.

Varghese Summersett

Let’s face it. Young people make stupid mistakes, rash decisions, and poor choices. Sometimes, those lapses in judgment land them in the juvenile justice system. While this is certainly a scary prospect, there is hope for juvenile offenders in Tarrant County – especially for youth who want to learn from their mistakes.

Tarrant County offers several juvenile diversion programs, which focus on rehabilitation, treatment, and counseling, rather than adjudication and punishment. These programs are designed to keep youth, ages 10 to 16, out of the traditional juvenile justice system and, hopefully, put them on a positive, productive path.

This article explains the different types of juvenile diversion programs offered in Tarrant County and answers some frequently asked questions. If your child has been accused of committing an offense or violation in Tarrant County, it’s important to contact a skilled juvenile defense attorney who understands juvenile diversion programs.

Attorney Lisa Herrick is Board Certified in Juvenile Law and has extensive experience getting juveniles admitted into Tarrant County’s juvenile diversion programs. She believes in second chances and will work vigorously to help get your child back on the right track without negatively impacting their future.

Please take a moment to watch this video by Lisa in which she gives an overview of some of Tarrant County’s juvenile diversion programs.

What is a Juvenile Diversion Program?

A juvenile diversion program is a way to “divert” or redirect a young offender away from juvenile court and the traditional juvenile justice process. Rather than face criminal prosecution, juveniles who are admitted into diversion programs typically receive counseling, treatment, and rehabilitation services designed to help them turn their lives around. If they successfully complete the program, charges will not be filed and they will not be prosecuted.

The goal of juvenile diversion programs is to keep kids out of court, detention, and prison – and away from the influences that got them here in the first place. These programs provide an opportunity for young offenders to learn from their mistakes, take responsibility for their actions, and make amends, while also addressing the underlying issues that may have led to the negative or criminal behavior.

What Juvenile Diversion Programs are Offered in Tarrant County?

There are several types of juvenile diversion programs available in Tarrant County. Each program is tailored to fit the individual needs of the juvenile offender, taking into consideration their unique circumstances and backgrounds. If they successfully complete the program, they will avoid prosecution and a criminal record.

  • Deferred Prosecution Probation Program (DPP)

Tarrant County’s Juvenile Deferred Prosecution Probation program (DPP) is a type of informal probation that addresses the juvenile’s criminal behavior outside of the courtroom through a supervision program. If accepted into the program, the juvenile will be supervised by a probation officer and must abide by certain conditions, including attending school, obeying the law, abiding by a curfew, and attending classes or counseling, among other conditions.

If the juvenile successfully completes the program, the case will be closed and no charges will be filed. Basically, the prosecution stops. If the child fails to complete the program or violates the conditions, the prosecutor can file the charge and send the case to court. The prosecutor could also offer a second term of DPP. Learn more about Tarrant County’s Deferred Prosecution Program.

  • Juvenile First Offender Program

Tarrant County’s juvenile first-offender program is designed to give youth who have never before been in trouble with the law a second chance. This program is offered directly by the police department before the case ever gets referred to juvenile services. According to 52.031 of the Juvenile Justice Code, the program is for first-time offenders, who have been accused of or taken into custody for:

  • Conduct Indicating a Need for Supervision;
  • A Class C Offense (other than a traffic ticket);
  • Delinquent conduct other than a first, second, or third-degree felony, an aggravated controlled substance felony, a capital felony, a state jail felony or a misdemeanor involving violence to person or the use of or possession of a firearm, location-restricted knife, club or prohibited weapon.

Put more simply, the program is generally reserved for juveniles who commit a misdemeanor or state jail felony that doesn’t involve violence, guns, or sex offenses.

There are several court-approved first offenders programs available in Tarrant County, including at the Lena Pope Home in Fort Worth. The program involves intensive counseling and skill-building instruction. If the juvenile successfully completes a first-offender program, their case will be closed and the juvenile won’t be referred to juvenile court for prosecution. If the youth fails to complete the program, they will be referred to juvenile court for prosecution. Learn more about Tarrant County’s First Offender Program.

juvenile diversion in texas

  • Juvenile Drug Court

Juvenile Drug Court targets juvenile offenders who have been accused of drug crimes. The program offers juveniles the opportunity to receive outpatient substance abuse treatment instead of being placed on formal probation. The program seeks to address the issues that lead to drug use, as well as the drug use itself. In addition to drug treatment, the youth will also receive counseling, drug education, and family preservation services. If the youth successfully completes juvenile drug court, the criminal case will be dismissed.

  • Project SAFeR

Project SAFeR (Safety and Family Resiliency) is a pre-disposition program for very young juvenile offenders, ages 10 to 12, who have engaged in problematic sexual behavior. It is offered by the Lena Pope Home in Fort Worth. Juveniles are required to attend individual and family outpatient therapy to address sexual behavior, boundary setting, sex education, self-regulation, social skills, and how to acknowledge and apologize for inappropriate sexual behavior. The program is designed to prevent future problematic sexual behaviors, which go beyond normal sexual development for their age. It often involves activities between youth who are quite a bit different in age or maturity.

  • Teen Court

Teen court is a diversion program for youth in middle school or high school to keep a Class C misdemeanor off their permanent record. The teen will be given the opportunity to make amends by completing a sentence set by a jury of their peers. Generally, the sentence includes performing community service or attending educational classes.

If the youth successfully completes the teen court, their ticket will be dismissed and will not show up on their record. Teen courts are located in Fort Worth, Arlington, Southlake, and other cities in the surrounding area.

Juvenile Defense Lawyer Fort Worth | Board Certified Juvenile Defense

How Long do Juvenile Diversion Programs Take?

The length of juvenile diversion programs can vary depending on the specific program and the nature of the offense. Some programs may last a few months, while others may last up to a year.

What are the Benefits of Juvenile Diversion Programs in Tarrant County?

Juvenile diversion programs offer several benefits over traditional juvenile court proceedings. First and foremost, it’s way to resolve your child’s case without going through the criminal justice system. It also allows the juvenile to take responsibility for their actions, while learning from their mistakes in a more positive and constructive setting. Finally, it can provide youth with access to services that may help address underlying issues that have led to negative or criminal behavior, increasing the chances of rehabilitation and a successful future.

Child Accused of an Offense? Call Lisa Herrick.

If your child has been accused of a crime in Tarrant County, you need an experienced juvenile attorney to protect your child’s freedom and future. Attorney Lisa Herrick has devoted her career to juveniles accused of crimes. She is considered an expert in juvenile law, a highly specialized area that very few North Texas attorneys understand.

Don’t let your child become another statistic in the juvenile justice system. Contact Lisa today to discuss how she can get you and your family through this difficult time. Ultimately, her goal is for juveniles in Tarrant County to receive a second chance at a productive life and avoid future brushes with the law. Call 817-203-2220 for a free consultation with Lisa today.

Varghese Summersett

Texas Abortion Law

The Texas abortion law prohibits physicians from performing abortions once a fetal heartbeat is detected. The Texas Heartbeat Bill became state law with a trigger in place that subjected it to a Supreme Court ruling which has now effectively enabled it. This legislation went into effect on September 1, 2021, sparking heated debates and legal challenges throughout the nation

Can I be criminally prosecuted for an abortion in Texas?

The Texas abortion law does not create a criminal cause of action against the mother or parent. It does create a criminal cause of action against doctors.

Texas abortion laws changed on Aug. 25, effectively outlawing all abortions in the state.

The Texas law was triggered by the U.S. Supreme Court ruling on Dobbs v. Jackson in June 2022. The decision overturned Roe v. Wade, the 1973 Supreme Court decision that decriminalized abortion nationwide. The 2022 ruling allowed states to set their own abortion laws.

texas abortion law

Under the new Texas abortion law, the woman who had the abortion can’t be prosecuted, but anyone who provided or aided in her abortion is open to criminal prosecution.

Even before the Supreme Court ruling, Texas abortion laws were restrictive, and recent changes to the law had already limited the work of abortion clinics around the state, with many declining to offer abortion services for fear of prosecution under Texas laws.

The Texas legislature passed the trigger law on abortion in 2021. It opens up doctors and medical staff to criminal prosecution and allows for civil lawsuits against the same party.

Are you being criminally prosecuted for assisting an abortion? If so, you need legal representation as soon as possible. Contact the criminal defense team at Varghese Summersett for a free consultation.

We will discuss your options and the potential penalties you face and create a plan of action tailored specifically to your needs.

In this post, we’ll explain the most recent changes to Texas’ abortion laws,

How has the Texas abortion law changed?

In September 2021, the Texas legislature changed the law to effectively ban most abortions once cardiac activity is detected, usually about six weeks into a pregnancy. The change was particularly controversial because many women don’t know they’re pregnant at that point, as it would only be two weeks after a missed menstrual cycle. The state also resurrected a 1925 law that opens abortion providers to lawsuits and civil penalties.

Abortion Laws in Texas

What is the Texas law that punishes people who perform or assist with abortion?

There are a number of laws on the books that penalize abortion. Some are new, such as the heartbeat and trigger law, and some have been in place for some time. Here’s an overview:

  • Texas Government Code Sec. 171.203 is commonly called the “heartbeat law.” This statute states that “a physician may not knowingly perform or induce an abortion on a pregnant woman unless the physician has determined, in accordance with this section, whether the woman’s unborn child has a detectable fetal heartbeat.

This law creates a civil penalty of $10,000 for anyone performing an abortion after a fetal heartbeat is detected. There is no criminal penalty, but it allows any private citizen to sue for the $10,000, court costs, and attorney fees.

  • Health and Safety Code Section 171.018 sets out a penalty for doctors who perform an abortion without providing a sonogram, having the mother listen to the heart, and providing certain written and verbal explanations as a “misdemeanor punishable by a fine of up to $10,000.”
  • 171.065 makes it a state jail felony for a person to intentionally, knowingly, or recklessly cause a drug-induced abortion.
  • 171.102 makes it a state jail felony to perform a partial-birth abortion.
  • 171.153 makes it a state jail felony to perform a dismemberment abortion.
texas abortion law

What is the punishment for performing an abortion in Texas?

The Texas abortion law makes it a second-degree felony “for a person who knowingly performs, induces, or attempts an abortion.” The penalty is increased to a first-degree felony if the unborn child dies due to the offense.

Performing or aiding an abortion resulting in the unborn child’s death is a first-degree felony punishable by five to 99 years in prison, according to Texas Government Code Sec. 170A.002.

Under the law, administrative penalties include the mandatory revocation of a medical, nursing, or pharmacy license.

The statute also allows the Texas attorney general to seek a civil penalty of not less than $100,000, plus attorney’s fees and costs.

What are the exceptions under Texas abortion law?

The law criminalizes performing an abortion from the moment of fertilization unless the pregnant patient faces “a life-threatening physical condition aggravated by, caused by, or arising from a pregnancy.” There is no exception for rape or incest.

Can a pregnant patient be criminally prosecuted for abortion under Texas abortion law?

No. The statute explicitly prohibits prosecuting a pregnant patient who undergoes an abortion.

Who can be criminally prosecuted under the Texas abortion law?

Anyone who performs or aids an abortion or intends to perform or aid an abortion could be criminally prosecuted under the Texas abortion law.

Although a person receiving an abortion cannot be prosecuted under the law, anyone who helps the person have an abortion can be. Among those who could be sued under Texas abortion law include:

  • Medical personnel, including doctors and nurses
  • A family member or friend who helps pay for the procedure
  • A pharmacist who sells an abortion medication
  • Anyone who hands a medication abortion pill to another person
  • Anyone who drives the patient to a clinic or the place of the abortion (The ride-sharing companies Uber and Lyft have said they will cover the legal fees of any of their drivers sued under the law.)

Who can criminally prosecute under Texas abortion law?

Texas district attorneys can criminally prosecute abortions. Former Tarrant County Criminal District Attorney Sharen Wilson announced her office will enforce Texas abortion law.

However, other DA offices across the state, including in Dallas, Austin, and San Antonio, have publicly announced they would refrain from prosecuting.

Who can sue under the Texas abortion law?

Almost anyone. The legal “standing,” which determines whether one person can sue another for an injury or harm, is not necessary under the new Texas abortion law.

Can a rapist sue a victim if she aborts the pregnancy?

No. The perpetrator of rape, sexual assault, or incest can’t sue the victim or anyone who provided or assisted the victim in receiving an abortion.

But a non-perpetrator can sue over an abortion provided to the survivor, regardless of the circumstances surrounding the pregnancy.

Can a legal sex partner sue under Texas abortion law?

Yes, a man who impregnated the patient through legal, consensual sex can sue anyone who provides or aids in the abortion.

Can multiple plaintiffs sue the same defendant for the same abortion in Texas?

Yes, but only one plaintiff could collect damages. A Texas court cannot collect relief from the same defendant for the same abortion more than once.

The law doesn’t prevent one defendant from facing 10 different lawsuits from 10 different plaintiffs for the same abortion, but only one of the plaintiffs could collect damages.

This scenario could potentially cost significant time and money for the defendant.

Does the government enforce the Texas abortion law?

No. The law’s authors included provisions that prevent the government from enforcing or attempting to enforce the law. This was a legal maneuver by the law’s authors to help the law withstand any court challenges to its constitutionality.

How long does a plaintiff have to sue someone over a Texas abortion?

Plaintiffs have up to four years from when an abortion occurred to file a lawsuit against someone for performing or aiding in an abortion.

Is it illegal for a Texas resident to get an abortion in another state or country?

No. The new law, as stated earlier, prevents prosecution or lawsuits directed against people who get abortions. Furthermore, the new laws do not apply to anyone providing or assisting an abortion outside of Texas.

Does the Texas abortion law allow plaintiffs to sue anyone across the state?

Yes, the new Texas abortion law allows a plaintiff to file a suit against anyone in the state from the county of their residence. The law also prevents defendants from attempting to move the lawsuit venue to a different court unless the plaintiff agrees to the move. This part of the law could potentially cause significant expenses for defense attorneys if travel is necessary to argue multiple cases across Texas.

Is birth control and emergency contraception still legal in Texas?

Birth control and emergency contraceptives, such as Plan B or another morning-after pill that help prevent pregnancy within 72 hours after unprotected sex, remain legal under Texas abortion laws.

Plan B pills are different from medication abortion pills.

The U.S. Supreme Court added in its decision to overrule Roe v. Wade that the constitutional right to access contraceptives remains.

Need help against criminal prosecution of abortion? Call us.

The defense team at Varghese Summersett is ready to fight for you. Call us for a free consultation to discuss your options, the potential penalties, and the best way to move forward with a vigorous defense.

Call us at 817-203-2220.