Comprehensive Guide to Juvenile Defense in Texas

Navigating the complexities of juvenile law in Texas can be challenging for juveniles and their families. This comprehensive guide to juvenile defense in Texas provides an overview of key aspects of the juvenile justice system, from initial intake to potential sentencing, and offers links to additional resources for those seeking more detailed information.

Who is a “Child” for Juvenile Court in Texas?

Whether a child is subject to the jurisdiction of a juvenile court depends on their age. For juvenile law purposes, the Texas Family Code defines a “child” as a person who is:

• 10 years or older and under 17; or
• 17 years or older and under 18, who is alleged or found to have engaged in delinquent conduct or conduct indicating a need for supervision as a result of acts committed before turning 17. (Texas Family Code §51.02(2))

A juvenile court typically loses its jurisdiction to handle any juvenile case when a person turns 18. Although children under 10 cannot be prosecuted for committing crimes, the Department of Family and Protective Services (DFPS) may provide services for children as young as seven who are at risk of getting into trouble and for the children’s families. (Texas Family Code §264.302)

Juvenile Offenses

Juvenile offenses can generally be categorized as delinquent conduct, Conduct Indicating a Need for Supervision, and traffic offenses.

Delinquent Conduct

Delinquent conduct refers to actions, other than traffic offenses, that violate a criminal law of Texas or the United States and are punishable by imprisonment or confinement in jail. (Texas Family Code §51.03(a)(1))

Conduct Indicating a Need for Supervision (CINS)

CINS involves actions, other than traffic offenses, which include:

• Running away
• Inhalant abuse
• Expulsion from school
• Prostitution
• Sexting

(Texas Family Code §51.03(b))

Traffic Offenses

For juveniles, traffic offenses specifically exclude jailable offenses, such as racing on highways. (Texas Family Code §51.02(16))

Understanding Juvenile Defense in Texas

Juvenile defense in Texas requires a deep understanding of the state’s legal framework, which differs significantly from adult criminal law. Juveniles are treated with the goal of rehabilitation rather than punishment, although serious offenses can lead to severe consequences.

Our Fort Worth Board Certified Juvenile Lawyer put together this page to help you under key aspects the juvenile justice system.

Taking a Child into Custody

Juvenile Processing Office

If a peace officer decides to take a child into custody, they may transport the child to an officially designated juvenile processing office, where the juvenile may be kept for up to six hours. (§52.025(d), F.C.)

Permitted Reasons for Detention

A child may be detained in a juvenile processing office only for:

• Returning the child to a parent or other responsible adult
• Completion of essential forms and records
• Photographing and fingerprinting of the child if authorized
• Issuance of a warning to the child as required by law
• Taking a statement from the child (§52.025(b), F.C.)

Conditions of Detention

A juvenile processing office is a room in a police station or sheriff’s office used for the temporary detention of a child. It may not be a cell or holding facility used for other types of detentions, and a child cannot be detained for longer than six hours. (§52.025, F.C.)

Rights of the Child and Parents

A child may not be left unattended in a juvenile processing office and is entitled to be accompanied by a parent, guardian, custodian, or attorney. (§52.025(c), F.C.) The parent of a child taken into custody has the right to communicate privately with the child for reasonable periods. (§61.103(a)(1), F.C.)

Transport to Juvenile Detention Facility

If the child is not released to the parent or guardian, the law enforcement officer must transport the child to the appropriate juvenile detention facility. If the facility is outside the county, the officer who took the child into custody must transport the child to the out-of-county facility. (§52.026(a) and (b), F.C.)

When Can a Juvenile Be Taken Into Custody?

Texas law permits a juvenile to be taken into custody, beyond an initial detention, under the following circumstances:

• Pursuant to an order of the juvenile court
• Pursuant to the laws of arrest
• By a law enforcement officer if there is probable cause to believe the child has violated a penal law, committed delinquent conduct, or violated probation
• By a probation officer if there is probable cause to believe the child has violated probation conditions
• Pursuant to a directive to apprehend (§52.01(a), F.C.)

A directive to apprehend is a court order authorizing law enforcement or a probation officer to take a child into custody if there is probable cause. Taking a child into custody is not considered an arrest, so a child can truthfully state they have never been arrested. (§52.01(b), F.C.)

When Can a Statement Be Taken from a Juvenile?

Juvenile Statements or Confessions

The Family Code has specific provisions for taking statements from juvenile suspects, which provide special protections. For example, a child must be taken to a juvenile processing office without unnecessary delay and without being taken to any other place first. (§52.02(a), F.C.)

Notification Requirements

A person taking a juvenile into custody must promptly notify the child’s parent, guardian, or custodian, and the office designated by the juvenile board. If the child is a ward of a guardianship, law enforcement must notify the Probate Court by the first working day after taking the child into custody. (§52.02(b), §52.011, F.C.)

Written Statements or Confessions

Before making a written confession, the child must receive a warning from a magistrate about their rights, including the right to remain silent, the right to have an attorney, and the right to terminate the interview at any time. The magistrate must ensure the child is voluntarily waiving these rights. (§51.095(a)(1)(A), (C), F.C.)

After waiving rights, the child can return to the juvenile processing office for a written confession. The confession must be signed in the presence of a magistrate, without law enforcement or prosecuting attorneys present. The magistrate must certify that the child understands and voluntarily signs the statement. (§51.095(a)(1)(B), (D), F.C.)

Recorded Statements or Confessions

If the confession is recorded, the magistrate’s warnings and the child’s waiver must be included in the recording. The magistrate may review the recording to ensure voluntariness and make written findings. (§51.095(a-5), (f), F.C.)

First Offender Program

Eligibility and Process

A first offender program is not just for first-time offenders. A juvenile who has previously participated and was not referred to court may be referred again. The program is typically for cases involving CINS or delinquent conduct, excluding felonies or violent misdemeanors. (§52.031(a), F.C.)

Officers must make a written referral to the agency, identifying the child and the grounds for custody. The child and parent must consent to participate, and the child cannot be detained in law enforcement custody. (§52.031(e), (f), (g), F.C.)

Program Activities and Outcomes

Participation may involve restitution, community service, vocational training, education, counseling, or periodic reporting. Successful completion results in case closure without court referral. If the child fails the program, they will be referred to court. Law enforcement may keep a record of successful completion to determine future eligibility. (§52.031(j), §58.001(f), F.C.)

Criteria for Detaining a Juvenile

Detention Hearing Outcomes

After a detention hearing, a child must be released unless the judge finds that the child:

• Is likely to abscond
• Lacks adequate supervision
• Lacks a parent or person to ensure court return
• Is a danger to themselves or public safety
• Was previously adjudicated for delinquent conduct and likely to reoffend (§54.01(e), F.C.)

Conditions of Release

Release conditions must be in writing, ensuring the child’s appearance at court proceedings. If released to an adult, the adult must ensure the child’s appearance or face contempt charges. (§53.02(d), §54.01(f), F.C.)

The juvenile court can order the child’s parent to assist in complying with release conditions, enforceable by contempt. Initial detention orders extend to the end of the case but not more than 10 working days, with the possibility of extension in certain cases. (§54.01(r), (h), F.C.)

Key Stages in the Juvenile Justice Process

1. Juvenile Intake Process The juvenile intake process is the first step after a juvenile is taken into custody. This process determines whether the case should be handled formally or informally.
2. Juvenile Detention Hearing A detention hearing is held to decide if a juvenile should be kept in detention or released while awaiting further court proceedings.
3. Juvenile Adjudication Hearing Similar to a trial in adult court, an adjudication hearing determines if the juvenile committed the alleged offense.

Common Juvenile Offenses

Juveniles can be charged with a variety of offenses, from minor infractions to serious crimes.

• Shoplifting: Juvenile shoplifting cases are common and can have long-term consequences.
• Assault: Juvenile assault charges are serious and require a robust defense.
• Violent Crimes: Charges such as juvenile capital murder require specialized legal expertise.
• Vaping in Texas: Vaping among teens is a growing concern and can lead to legal issues.

Juvenile Rights and Protections

Understanding a juvenile’s legal rights is essential for ensuring fair treatment within the justice system.

• Right to a Juvenile Attorney: Juveniles have the right to legal representation. This right is crucial for navigating the legal process.
• Interrogating a Minor: The rules governing how police can interrogate minors are designed to protect their rights, yet they may not be as comprehensive as you might expect or hope.

Juvenile Sentencing and Rehabilitation

The goal of the juvenile justice system is to rehabilitate rather than punish. Sentencing can vary based on the severity of the offense and the juvenile’s history.

• Determinate and Indeterminate Sentences: Texas law includes both determinate and indeterminate sentences for juveniles.
• Juvenile Deferred Prosecution: This option allows for an alternative to the formal juvenile process, offering juveniles a chance to avoid a blemish on their record.

Specialized Programs and Records

1. Sealing Juvenile Records Sealing a juvenile record can provide a fresh start by limiting who can access the record. In many cases, we can help you seal a juvenile record.
2. Juvenile Diversion Programs Diversion programs aim to redirect juveniles away from the justice system through rehabilitation and education. Tarrant County’s specific programs are detailed here.
3. First Offender Program This program is designed for juveniles with no prior criminal record and focuses on preventing future offenses. Learn more about the Tarrant County First Offender Program here.

Additional Considerations

• Conduct Indicating a Need for Supervision: Some behaviors, while not criminal, indicate that a juvenile needs supervision. More on this topic can be found here.

Conclusion

Juvenile defense in Texas encompasses a broad spectrum of laws, rights, and processes designed to rehabilitate young offenders while ensuring their rights are protected. If your child is going through the juvenile justice system in north Texas, give us a call at 817-203-2220. We can help.

Young Thug, a prominent rapper, is currently on trial in Atlanta, two years after being arrested for racketeering and gang-related charges. His high-profile trial—which began in November and is expected to last several more months—is already the longest in Georgia history.

The trial has been marred with lengthy delays and complications, partly because prosecutors want to use Young Thug’s rap lyrics as evidence that he led a criminal street gang responsible for murders, shootings, and carjackings dating back to 2012. Defense attorneys, meanwhile, argue that his lyrics are artistic expression protected by the First Amendment and should not be used as evidence.

So far, prosecutors have had some success in getting Young Thug’s lyrics in front of the jury, but only time will tell how much weight this evidence will carry in the final verdict.

The case has sparked a broader debate about the intersection of art and law, with many in the music industry and civil rights groups watching closely. They argue that using rap lyrics in criminal trials as evidence sets a dangerous precedent that could stifle creative expression and disproportionately impact artists from marginalized communities. As the trial progresses, it remains a pivotal moment not only for Young Thug but also for the wider conversation about free speech and the criminal justice system.

In this article, the attorneys at Varghese Summersett discuss the case and the controversy and arguments surrounding the use of rap lyrics as evidence in criminal trials and prosecutions in the United States.

Background On Young Thug’s Criminal Charges

On May 9, 2022, Young Thug, whose real name is Jeffery Lamar Williams, and 27 alleged members of the street criminal gang, Young Slime Life (YSL), were arrested for conspiring to violate Georgia’s Racketeer Influenced and Corrupt Organizations Act (RICO) and participating in criminal street gang activity.

The 88-page indictment accused Young Thug of co-founding and leading YSL, which prosecutors allege is a gang affiliated with the Bloods. Prosecutors also allege that YSL – the acronym for the rapper’s label, Young Stoner Life Records – also stands for “Young Slime Life” gang.

Specific charges against Young Thug include renting a car used in a 2015 murder, possession of illegal drugs and firearms, and additional charges stemming from a raid on his Buckhead home.

A total of 28 people, including Young Thug, were charged in a 56-count indictment related to YSL’s alleged criminal activities. Other co-defendants include:

• Gunna, whose real name is Sergio Kitchens, and Slimelife Shawty, whose name is Wunnie Lee, were both charged with one count of racketeering conspiracy and negotiated plea deals in the case.
• Walter Murphy and Trontavious Stephens – two other people charged with co-founding YSL with Young Thug – have pleaded guilty to conspiracy charges.
• Marquavius Huey, Deamonte “Yak Gotti” Kendrick, Quamavrious Nichols, Roalius Ryan and Shannon Stillwill are also defendants.

What Is The RICO Act?

The RICO Act, or the Racketeer Influenced and Corrupt Organizations Act, is a federally mandated law that aims to combat the presence of organized crime in the United States. Georgia has its own state RICO law modeled after federal RICO but is much broader. Some notable differences include:

• Georgia’s RICO Act (O.C.G.A. § 16-14-4) makes it a crime to participate in, acquire or maintain control of an “enterprise” through a “pattern of racketeering activity” or to conspire to do so.
• An “enterprise” can be a legal entity like a business or an informal association with a common purpose. Unlike federal RICO, proof of an actual enterprise is not required.
• “Racketeering activity” means committing at least two of over 40 predicate state crimes listed in the law within four years to establish a “pattern.”
• Unlike federal RICO, Georgia’s law does not require proving continuity over an extended period – even a short pattern of related crimes can qualify.
• Penalties include 5-20 years in prison, a $25,000 fine or triple the illicit proceeds, whichever is greater.
• As a state charge, it cannot be pardoned by the President.

Georgia’s RICO law is broader than the federal version, making it easier to prosecute. It requires fewer elements of proof for a racketeering charge.

And WhileOthe  Act is being used to prosecute a ganggang-affiliatedense in the Young Thug case, the RICO act Act be used to prosecute a multitude of crimes, including public corruption and white-collar crimes.

Noteably, former President Trump and more than a dozen others are facing RICO charges in Georgia, stemming from accusations they tried to overturn the state’s 2020 election returns.

State’s Case: Why Prosecutors Want to Use Rap Lyrics As Evidence

An interesting aspect of the Young Thug trial is that prosecutors have been attempting to use Young Thug’s own rap lyrics as evidence against him in his trial.  The prosecution maintains that the lyrics demonstrate his intent, motive and involvement in crimes like:

• Murder: “I never killed anybody, but I got something to do with that body.”
• Shootings: “a hundred rounds in a Tahoe”
• Robbery: “She gettin robbed by Tick”

By drawing connections between the lyrics and specific alleged crimes, prosecutors aim to show Young Thug wasn’t just portraying a fictional persona but had actual knowledge and participation in the gang’s racketeering activities.

Proving the Existence of a Criminal Enterprise

The racketeering charges hinge on proving YSL was an illegitimate criminal street gang, not just a record label. Prosecutors claim Young Thug’s lyrics referring to being the “general” of the “pack” that acquired “things of value” through illegal means helps establish YSL operated as a criminal enterprise under his leadership.

In the indictment, prosecutors specifically cited Thug’s song “Slime Shit.”  The song depicts Thug’s connection to the YSL gang and some of the criminal activity the gang engages in. Specifically, they highlighted the lines:

“I’m in the VIP and I got that pistol on my hip, you prayin’ that you live, I’m prayin’ that I hit, hey, this that slime shit.”

Prosecutors also presented evidence that Thug and an alleged fellow YSL member threw up gang signs to the song on social media in 2017. 

As the trial moves forward, the outcome could have significant implications not just for Young Thug but for the broader legal landscape regarding the admissibility of rap lyrics in criminal cases – or creative expression in general. The stakes are high, and the verdict will be closely watched as a defining moment in the intersection of art, free speech, and the criminal justice system.

Defense Argument Against Rap Lyrics in Criminal Trials

As the trial of Young Thug unfolds, his defense team is staunchly opposing the prosecution’s attempt to introduce his rap lyrics as evidence. They argue that this move not only violates his constitutional rights but also perpetuates harmful racial biases and misunderstands the nature of artistic expression.

The main defense arguments against allowing  rap lyrics in criminal trials as evidence are:

• First Amendment Violation: Young Thug’s lawyers argue that using his lyrics as evidence violates his First Amendment right to free speech and artistic expression. They contend rap lyrics are often exaggerated, fictional narratives and should not be treated as literal confessions or evidence of criminal intent. Admitting lyrics could set a precedent that unfairly criminalizes a particular art form and has a “chilling effect” on rappers’ freedom of expression.
• Racial Bias Concerns: Critics claim the practice of using rap lyrics disproportionately targets and prejudices Black artists and perpetuates racial stereotypes. The defense argues the lyrics would improperly influence the jury’s perception and tap into racial biases against Young Thug. His lawyer stated: “To call the use of these lyrics anything other than racist would be to sugar coat it.”
• Lack of Direct Relevance: Young Thug’s lawyer argued individual lyrics should only be admitted when clearly tied to specific alleged criminal actions, which prosecutors allegedly failed to establish. The defense contends many other artists use similar lyrical phrases, so admitting them shows improper “character evidence” rather than direct relevance to crimes charged.
• Improper Character Evidence Lawyers: Prosecutors are using Thug’s “words” to convince jurors he is “a bad man” – the kind of improper character evidence that is typically inadmissible.
• Distinguishing Rap Persona from Reality: The defense asserted that Thug’s rap persona and lyrics represent an exaggerated character, not reality, arguing “Rap is the only fictional art form treated this way.”

In essence, the defense challenged the lyrics’ First Amendment protections, potential for racial bias, lack of direct relevance to alleged crimes, and blurring of Thug’s artistic persona with prosecutorial implications of his actual character and intent.

Prosecution Success So Far

While controversial, prosecutors cite precedent where lyrics have been admitted as evidence in other cases, including those involving racist hate groups. They argue the rules of evidence do not exempt rap lyrics if they are relevant to alleged crimes. To date, prosecutors have had some success so far in being allowed to use Young Thugs lyrics at trial:

• In a November 2022 ruling, Judge Glanville determined that prosecutors can conditionally use up to 17 sets of lyrics if they properly lay the foundation connecting them to the alleged racketeering crimes.
• However, the judge stated he would consider objections to specific lyrics during the trial if their relevance is questionable.

Precedents Allowing Rap Lyrics in Criminal Trials as Evidence

As the use of rap lyrics as evidence in criminal trials gains attention, it’s essential to examine the legal precedents that have shaped this controversial practice.

• Courts have often permitted the introduction of defendants’ rap lyrics to
  demonstrate motive, intent, identity, or knowledge related to the alleged crimes they are charged with.
• In cases like United States v. Foster (2006) and Holmes v. Nevada (2013), courts ruled that specific details in the lyrics mirroring the crimes made them highly probative as quasi-confessions or admissions of guilt by the defendants.
• The precedent set is that if lyrics sufficiently resemble evidence of the crime, they can be viewed as autobiographical statements rather than fictional artistic expressions.
• Prosecutors have circumvented rules against using lyrics as improper character evidence by arguing they demonstrate knowledge (e.g. of drug codes) or specific criminal intent rather than just a general propensity for violence.

Rap Lyrics in Criminal Trials: Legal Considerations and Pushback 

Defense attorneys argue admitting rap lyrics violates First Amendment rights to free artistic expression, is racially biased against Black artists, and taps into prejudicial stereotypes before juries.

• Some courts have excluded vague, general lyrics as improper character evidence that is more prejudicial than probative (New Jersey Supreme Court in State v. Skinner 2014).
• Lawmakers in states like California, New York, and at the federal level have proposed legislation to limit the admissibility of lyrics as evidence of crimes unless directly tied to the case facts.
• In California, the Decriminalizing Artistic Freedom Act requires prosecutors to hold a separate hearing from the jury to admit song lyrics as evidence. This act was put into place in an effort to maintain the freedom of expression and to ensure that the defendant is getting his or her right to a fair trial. Acts such as these aim to decrease the use of rap lyrics without substantial support or justification to back their claims. 
• Critics argue the precedents give prosecutors too much leeway to take lyrics out of context and present them as confessions, when rappers commonly use hyperbolic fiction and metaphor as an art form.

So, while there are numerous precedents allowing prosecutors to use a defendant’s rap lyrics against them at trial by arguing they demonstrate criminal knowledge or intent, there is also significant pushback over First Amendment, racial bias, and improper prejudice concerns with this practice.

Other Examples Of Rap Lyrics In Court 

Young Thug’s case, although unique, is not the only instance of rap lyrics being used in court. Here are some other notable examples of rap lyrics being used as evidence in criminal trials. 

• Taymor “Tay-K” McIntyre (2019) – He released the viral hit “The Race” while on the run from authorities, and was ultimately sentenced to 55 years in prison for his role in a 2016 home invasion robbery in Texas that left a 21-year-old man dead. Prosecutors used his lyrics and music video as key evidence against him at trial.
• Tekashi 6ix9ine’s (2019) – His rap lyrics were used against him in trial in an attempt to substantiate their claims that he was an active member and participant in the Nine Trey Gangsta Bloods gang.
• Jamal Knox (2015) – Prosecutors in Massachusetts used his rap lyrics glorifying violence against transit police to argue he had a motive for shooting one.
• Vonte Skinner (2014) – The New Jersey Supreme Court overturned part of his attempted murder conviction, ruling that the admission of his violent rap lyrics as evidence violated his free speech rights and was more prejudicial than probative.
• Brandon Duncan (2014) – His rap lyrics about body dismemberment were allowed as evidence in his trial for shooting and killing a man in Nevada, though the state Supreme Court expressed some concerns over their use.
• Lil Boosie (2012) – In his first degree murder trial, the judge ruled that specific lyrics from his song “187” containing slang terms like “murder” (murder) and “cake” (money) could be admitted as evidence by prosecutors trying to establish Boosie’s alleged involvement in hiring a hitman to kill Terry Boyd, despite defense objections against using artistic lyrics against him in court. 
  
• Olutosin Oduwole (2011) – An aspiring rapper, his writings about a shooting were deemed admissible as evidence of his intent in an attempted murder case in Illinois.
• Rashee Beasley (2008) – Convicted of murder in part based on prosecutors arguing his rap recordings were admissions of guilt, not artistic expression, in New Jersey.
• Lorne Benton (2007) – His rap lyrics describing a shooting were allowed as evidence of identity and motive in his New York trial for a fatal shooting outside a nightclub.
• Antra’mail Hunter (2005) – Prosecutors used his rap lyrics describing a shooting to help convict him of attempted murder in California.

Why Is This Case Important? 

The Young Thug trial is important for several key reasons:

1. High-Profile Test of Georgia’s RICO Law
   This is one of the highest-profile cases testing the boundaries of Georgia’s racketeering (RICO) law. Prosecutors are using this statute, typically reserved for organized crime, to argue that Young Thug’s record label YSL is actually a criminal street gang. The trial’s outcome could set important precedents for how this law is applied going forward, including against President Trump who was also indicted under Georgia’s RICO act.
2. First Amendment Implications
   A major controversy surrounds prosecutors’ use of Young Thug’s rap lyrics as evidence of alleged criminal activity. Defense attorneys argue this violates First Amendment rights and unfairly criminalizes artistic expression, especially for black artist. How the court rules on admitting lyrics could have significant free speech implications.
3. Racial Bias Concerns
   Critics claim prosecuting rappers based on their lyrics perpetuates racial stereotypes and bias against Black artists before juries. The trial will scrutinize whether using lyrics as evidence is a discriminatory practice.
4. Spotlight on Atlanta Hip-Hop Scene
   As one of Atlanta’s biggest rap stars, Young Thug’s alleged gang ties have put a spotlight on the city’s influential hip-hop culture and industry. The trial’s outcome could impact rappers’ creative freedom and the local music scene.
5. Lengthy, High-Stakes Case
   After over a year of delays and nearly 10 months of jury selection alone, the complex, wide-ranging trial involving numerous defendants is expected to be lengthy and feature high-profile witnesses like Killer Mike. With Young Thug facing serious charges like racketeering conspiracy, the stakes are extremely high.

In essence, the Young Thug trial represents a critical legal test case straddling issues of prosecutorial overreach, First Amendment rights, racial bias in the justice system, and the intersection of hip-hop culture with the law – making it one of the most consequential celebrity trials in recent memory

Rapper with a Criminal Charge in North Texas?

If you are a rapper or artist in North Texas accused of a crime in Dallas, Fort Worth or the surrounding areas, we urge you to contact Varghese Summersett as soon as possible. Our experienced criminal defense attorneys have successfully represented a number of rappers and artists and will fight for your future. Call 817-203-2220 for a consultation today.

E-cigarettes have been around for decades, but the devices saw a rise in popularity among teenage clientele around 2015. 

Although you must be 21 or older to purchase E-cigarettes, minors continue to use them. This prompted Texas legislators to pass a new law in 2023 that regulates the advertisement of E-cigarettes to this age demographic in hopes that it will reduce the appeal and accessibility of these products to minors. 

In this article, we will discuss the Texas law that prohibits marketing E-cigarettes to minors, the punishment for violating the offense, and the intent behind the law. 

The Law Prohibiting Marketing E-Cigarettes To Minors In Texas

In 2023, Texas passed House Bill 4758, which makes it a Class B misdemeanor for businesses and individuals to market, advertise, or sell e-cigarette products to minors.

The new law – known as the Protecting Children from Electronic Cigarette Advertising Act – includes selling e-cigarette products with packaging that appeals to minors, such as photos of food, celebrities, or cartoon characters. 

Prohibited e-cigarette products is codified under Section 161.0876 of the Texas Health and Safety Code, which states that a person committees this offense if he or she markets, advertises, sells ,or causes to be sold an e-cigarettte product if the product’s container:

1. depicts a cartoon-like fictional character that mimics a character primarily aimed at entertaining minors;
2. imitates or mimics trademarks or trade dress of products that are or have been primarily marketed to minors;
3. includes a symbol that is primarily used to market products to minors;
4. includes an image of a celebrity; or
5. includes an image that resembles a food product, including candy or juice.

Punishment for Prohibited E-Cigarette Products

Marketing, advertising or selling a prohibited e-cigarettes product is a Class B misdemeanor in Texas, punishable by up to 180 days in jail, a fine of as much as $2000, or both. 

In order to ensure that retailers are not engaging in selling e-cigarettes to minors, Texas officials sometimes conduct compliance checks. A compliance check involves undercover operations where a minor will try to buy nicotine products to test whether sellers are following the law. 

Intent Behind the Passing of the E-Cigarette Marketing Law

There is no doubt that E-cigarettes are dangerous, containing nicotine, heavy metals, and cancer-causing materials. Lawmakers pushed for this law because they believe E-cigarettes are intentionally designed to attract minors. They are particularly concerned that young people are vulnerable to these advertisements, which can result in early dependence on these addictive products. The aim is to reduce the use of E-cigarettes among minors and safeguard their long-term health.

Subsequent Consequences Of Marketing E-Cigarettes To Minors

Marketing and selling E-cigarettes to minors can encompass far more consequences than legal action taken against the seller. Some of these subsequent consequences can include: 

• Regulatory Responses: Marketing E-cigarettes to minors can elicit stricter regulation on the sales of E-cigarettes as a whole. Specifically, the government may choose to ban the production of flavored products, limit channels of advertising, and control the locations of sales in an effort to deter minors from buying/using these products. 

• Lasting Public Health Impact: Encouraging the use of nicotine products among minors can cause lasting damage to public health. This is because the full scope of health implications as a result of modern E-cigarettes remain unknown. Likely, the long-term use of these products will result in increased healthcare costs related to treating nicotine-related health illnesses. 

• Negative Impact On Academic Performance: Nicotine use can impact cognitive function in minors, thus resulting in poor academic performance. Specifically, regular nicotine use can decrease attention span, impair learning, and cause memory issues. These negative cognitive effects can result in low academic performance. 

• Gateway To Smoking: Promoting nicotine use among minors can desensitize minors to the negative impacts of nicotine use, ultimately normalizing the use of this product and potentially resulting in an increase in nicotine use. Additionally, this can give rise to the social acceptance of smoking, which can increase this action among this age demographic as well. 

What To Do If You’re Accused Of Marketing E-Cigarettes To Minors in North Texas

If you have been accused of marketing E-cigarettes to minors in North Texas, it’s crucial to take immediate and strategic steps to protect your rights and record. Here’s what you need to do:

Do Not Speak to Authorities Without an Attorney

It’s imperative that you refrain from speaking to authorities or answering any questions without legal representation. Here’s why:

• Right to Legal Counsel: You have the constitutional right to an attorney. Exercising this right ensures that your interests are protected from the very beginning of the investigation.
• Avoid Self-Incrimination: Without proper legal advice, you may inadvertently say something that could be used against you. An attorney can guide you on what to say and what to avoid.
• Legal Strategy: Consulting with an attorney before making any statements allows you to develop a strong defense strategy from the outset.

Call Varghese Summersett

When facing a criminal offense, having experienced legal representation is essential. Here’s why you should contact an experienced attorney at Varghese Summersett:

• Expertise in Criminal Defense: Our team comprises seasoned criminal defense attorneys who have successfully handled a wide range of criminal cases in Texas. We understand the complexities of laws surrounding the marketing of E-cigarettes to minors.
• Personalized Defense Strategy: Every case is unique, and we tailor our defense strategies to fit the specific circumstances of your case. Our goal is to achieve the best possible outcome for you.
• Comprehensive Legal Support: From initial consultations to courtroom representation, we provide full-spectrum legal support. We will investigate the charges, gather evidence, and advocate fiercely on your behalf.
• Proven Track Record: Our firm has a proven track record of defending clients against serious criminal charges. We bring our extensive experience and dedication to each case we handle.

Contact Us Today

If you are accused of marketing E-cigarettes to minors, don’t wait. Reach out to Varghese Summersett for expert legal assistance today. Our experienced attorneys are ready to defend you and help you navigate this challenging time. We handle cases in Fort Worth, Dallas, Southlake and the surrounding areas.

Call us at 817-203-2220 to schedule your consultation. Your defense starts here.

What is an Allen Charge?

In most jurisdictions, jury verdicts in a criminal trial must be unanimous, but what happens if deliberations stall or break down? If the jury sends a note saying they are deadlocked, the judge can give them a strongly worded instruction urging them to keep going and to try harder to reach a verdict.

This instruction is known as an Allen charge, also called a dynamite charge. In this article, we explain the Allen charge and why this supplemental jury instruction is used to encourage a verdict, as well as the potential consequences and controversies surrounding its application.

The Role of the Allen Charge, or Dynamite Charge, in Jury Deliberations

As we near the end of the second day of deliberations in the Trump hush money trial, some are beginning to wonder, “What happens if the jury cannot agree on a verdict?”

A jury in a criminal trial (in most jurisdictions, including New York and Texas) must be unanimous as to its verdict. This means all 12 jurors must agree on each count as to the defendant being guilty or not guilty? So what happens when a jury cannot agree?

Well, the easy answer is the trial ends with a mistrial based on a hung jury. There is, however, a step that routinely takes place in most jurisdictions before a mistrial is granted based on a jury not being able to make a unanimous decision, and that is the Allen Charge.

Origins of the Allen Charge or Dynamite Charge

The term “Allen Charge” originates from the 1896 U.S. Supreme Court case Allen v. United States. In this case, the Supreme Court upheld the practice of judges giving supplemental instructions to encourage juries to reach a unanimous verdict.

Purpose and Function of the Allen Charge

The main goal of an Allen Charge is to urge jurors to re-examine their positions and work towards a consensus. It reminds jurors of their duty to deliberate with an open mind, considering the views of other jurors, and to strive to reach a unanimous decision, if possible, without compromising their honest convictions.

It’s basically asking the jurors in the minority opinion to evaluate their positions carefully. The jurors are reminded that whatever they do they should not violate their own conscience.

Key Elements of an Allen Charge

Typically, an Allen charge includes the following elements:

• Reminder of Duty: Jurors are reminded of their duty to try to reach a unanimous decision.
• Encouragement to Deliberate: Jurors are encouraged to re-examine their own views and consider the opinions of their fellow jurors.
• Respect for Convictions: Jurors are instructed not to surrender their honest beliefs solely to achieve a consensus.
• Reassurance that no juror should abandon their honest convictions solely to reach a verdict. An emphasis is placed on the duty to reach a unanimous decision if possible, without compromising individual judgment and conscience.

Example of an Allen Charge

Members of the Jury:

I am going to ask that you continue your deliberations in an effort to agree upon a verdict and dispose of this case; and I have a few additional comments I would like for you to consider as you do so.

This is an important case. The trial has been expensive in time, effort, money, and emotional strain to both the defense and the prosecution. If you should fail to agree upon a verdict, the case will be left open and may have to be tried again. Obviously, another trial would only serve to increase the cost to both sides, and there is no reason to believe that the case can be tried again by either side any better or more exhaustively than it has been tried before you.

Any future jury must be selected in the same manner and from the same source as you were chosen, and there is no reason to believe that the case could ever be submitted to twelve men and women more conscientious, more impartial, or more competent to decide it, or that more or
clearer evidence could be produced.

If a substantial majority of your number are in favor of a conviction, those of you who disagree should reconsider whether your doubt is a reasonable one since it appears to make no effective impression upon the minds of the others. On the other hand, if a majority or even a lesser number of you are in favor of an acquittal, the rest of you should ask yourselves again, and most thoughtfully, whether you should accept the weight and sufficiency of evidence which fails to convince your fellow jurors beyond a reasonable doubt.

Remember at all times that no juror is expected to give up an honest belief he or she may have as to the weight or effect of the evidence; but, after full deliberation and consideration of the evidence in the case, it is your duty to agree upon a verdict if you can do so.

You must also remember that if the evidence in the case fails to establish guilt beyond a reasonable doubt the Defendant should have your unanimous verdict of Not Guilty.

You may be as leisurely in your deliberations as the occasion may require and should take all the time which you may feel is necessary…. I will ask now that you retire once again and continue your deliberations with these additional comments in mind to be applied, of course, in conjunction with all of the other instructions I have previously given to you.

Controversy and Effectiveness of the Allen Charge

The Allen charge is controversial because some see it as coercive, potentially pressuring minority jurors to conform to the majority opinion. Critics argue that it can lead to verdicts that are not truly unanimous, as jurors may change their votes due to peer pressure rather than genuine conviction. This has led to its rejection, in whole or in part, by at least 23 states.

Despite the controversy, the Allen charge is still used in federal courts and in some state courts. Its effectiveness in breaking deadlocks and securing verdicts is well-documented, but it also raises concerns about the fairness and integrity of the jury deliberation process.

Application in the Trump Hush Money Trial

In the context of the Hush Money Trial of former President Donald Trump, where he faces 34 felony counts related to falsifying business records, the use of an Allen charge could be considered if the jury becomes deadlocked. Given the high-profile nature of the case and the complexity of the charges, it is possible that the judge might issue an Allen charge to encourage the jury to reach a unanimous verdict.

The Allen charge is a powerful tool for encouraging deadlocked juries to reach a verdict, but its use remains a subject of significant debate due to concerns about potential coercion and its impact on the fairness of the judicial process.

Further Reading: Cristisim of the Allen Charge, Written in 1972

What if a Jury Still Can’t Reach a Verdict After an Allen Charge?

Despite their efforts, juries sometimes fail to reach a unanimous decision after lengthy deliberations, resulting in what is known as a “hung jury.” When it becomes clear that a verdict cannot be reached, the judge will declare a mistrial.

In such a case, the defendant is neither convicted nor acquitted. The prosecutor can choose to retry the case before a different jury without violating the double jeopardy clause.

In some situations, the state may decide not to retry the case and dismiss the charges. Prosecutors might also attempt to resolve the case through a plea bargain agreement.

Key Takeaways

The Allen charge is a powerful tool in the judicial system, designed to facilitate unanimous jury verdicts and prevent the need for retrials. However, its use must be carefully balanced to avoid undue pressure on jurors and ensure that verdicts are based on genuine consensus rather than coercion. We’ll just have to wait and see if the judge in the Trump hush money trial decides to use this charge to break a potential deadlock and guide the jury towards a unanimous verdict.

It’s popular for young men to rush a fraternity when they arrive at college. Although hazing isn’t present in every fraternity, a culture of needing to “earn your spot” is common. This often causes older members to take advantage of or exploit younger members, creating an environment where dangerous and demeaning activities are normalized. As a result, what begins as a quest for camaraderie can quickly spiral into criminal behavior with serious legal repercussions.

Though it’s widely recognized that fraternity hazing in Texas is a sort of “right of passage,” many college students don’t understand the full scope of consequences that can occur as a result of this behavior. Hazing is a criminal violation under Texas law that can follow you far beyond college and damage the reputation of the fraternity and university.

In this article, the criminal defense attorneys at Varghese Summersett explain the law and the legal and collateral consequences of fraternity hazing in Texas. Here’s what you need to know to protect yourself and the fraternity from facing legal action for participating in hazing in the Lone Star State. 

What Constitutes Hazing in Texas? 

Under Texas state law, specifically Section 37.151 of the Texas Education Code, hazing is defined as: “any intentional, knowing, or reckless act, occurring on or off the campus of an educational institution, by one person alone or acting with others, directed against a student, for the purpose of pledging, being initiated into, affiliating with, holding office in, or maintaining membership in an organization if the act:

(A)  is any type of physical brutality, such as whipping, beating, striking, branding, electronic shocking, placing of a harmful substance on the body, or similar activity;

(B)  involves sleep deprivation, exposure to the elements, confinement in a small space, calisthenics, or other similar activity that subjects the student to an unreasonable risk of harm or that adversely affects the mental or physical health or safety of the student;

(C)  involves consumption of a food, liquid, alcoholic beverage, liquor, drug, or other substance that subjects the student to an unreasonable risk of harm or that adversely affects the mental or physical health or safety of the student;

(D)  is any activity that induces, causes, or requires the student to perform a duty or task that involves a violation of the Penal Code; or

(E)  involves coercing, the student to consume a drug or an alcoholic beverage or liquor in an amount that would lead a reasonable person to believe that the student is intoxicated, as defined by Texas law.

What Are Some Common Examples Of Hazing?

Hazing can take many forms, ranging from subtle coercion to extreme physical and psychological abuse. It often masquerades as tradition or team-building but can have devastating consequences for those involved. The following are some common examples of hazing:

• Forced or coerced consumption of food, drink, alcohol, or drugs
• Branding
• Sleep deprivation
• Verbal abuse
• Threats
• Physical abuse (such as beating or paddling)
• Humiliation (forcing someone to wear embarrassing clothing or perform embarrassing acts)
• Isolation from other members or activities
• Assigning meaningless, difficult, or humiliating tasks
• Unreasonable interference with academic work or extracurricular activities

These acts are often carried out under the guise of tradition or team-building but can lead to severe physical and emotional harm. Fraternity hazing in Texas is illegal and punishable under the law.

When is an Individual Guilty Of Hazing? 

Under Section 37.152 of the Texas Education Code, a person commits an offense if the person: 

1. Engages in hazing; 
2. Solicits, encourages, directs, aids, or attempts to aid another in engaging in hazing; 
3. Recklessly permits hazing to occur; or
4. Has firsthand knowledge of the planning of a specific hazing incident involving a student in an educational institution, or has firsthand knowledge that a specific hazing incident has occurred, and knowingly fails to report that knowledge in writing to the dean of students or another appropriate official of the institution.

Punishment for Fraternity Hazing in Texas 

• Failing to report hazing and hazing that does not result in serious bodily injury are both Class B misdemeanors, punishable by up to 180 days in jail and a maximum $2000 fine.
• Hazing that results in serious bodily injury is a Class A misdemeanor,  =punishable by up to a year in jail, a fine of up to $4000, or both.
• Hazing that causes a death is a state jail felony, punishable by six months to 2 years in a state jail facility.

Additionally, Texas state law doesn’t limit an educational institution’s right to enforce its own penalties against hazing. In other words, the college can also impose additional penalties, such as suspension or expulsion.

What Makes an Organization Guilty of Hazing in Texas?

In Texas, organizations and institutions – such as the college or the fraternity – can also be held responsible and punished for hazing. Under Section 37.153 of the Texas Eduction Code, an organization commits an offense if the organization “condones or encourages hazing or if an officer or any combination of members, pledges, or alumni of the organization commits or assists in the commission of hazing.” An organization found guilty of hazing can be fined between $5000-$10,000.

Collateral Consequences of Hazing in Texas 

Collateral consequences of a criminal conviction in Texas refer to the additional penalties that attach to criminal convictions. These consequences can impact various aspects of a person’s life beyond the direct penalties like fines and imprisonment. Collateral consequences of fraternity hazing in Texas can be significant and far-reaching. Here’s an overview of some potential consequences:

1. Criminal Charges: As mentioned previously, Texas has strict laws against hazing. If a student is found guilty of fraternity hazing in Texas, they can face misdemeanor or felony charges, depending on the severity of the injury to the victim. Consequences can include fines, jail time, and a criminal record.
2. Academic Consequences: Most universities in Texas have policies that strictly prohibit hazing. If a student is found to have violated these policies, they may face academic penalties such as suspension or expulsion. Additionally, this will remain on the student’s academic record, which will make it difficult to transfer or become employed.
3. Loss of Scholarships and Financial Aid: Students involved in hazing may lose scholarships or financial aid, especially if the scholarships are contingent on maintaining a clean disciplinary record.
4. Damage to Reputation: Being involved in a hazing incident can greatly damage a student’s reputation, both among peers and beyond. This can impact future employment, as employers will be hesitant to hire someone with a criminal past.
5. Personal Liability: Students who engage in hazing activities may also face civil lawsuits from victims seeking compensation for injuries or emotional damage. This can lead to a hefty financial burden and long-term legal consequences.
6. Impact on Future Opportunities: Hazing can affect future opportunities, including internships, job offers, and admission to graduate programs. Many employers and universities conduct background checks that will reveal a student’s record.
7. Social Consequences: The social consequences of being involved in hazing can include exclusion from peer groups, social networks, and extracurricular activities, specifically those facilitated by the university. 

It’s important for students to understand the severity of fraternity hazing in Texas and its potential to impact all aspects of their future negatively.

Real Examples of Fraternity Hazing in Texas

Here are some examples of people arrested or sued for fraternity hazing in Texas:

• In December 2022, the University of Texas at Austin disciplined the student organization “Absolute Texxas” for hazing violations, including alcohol and drug misconduct, blindfolding, kidnapping, and degrading new members through demeaning actions. While no arrests were mentioned, the organization faced sanctions.
• In October 2021, two pledges from the Sigma Alpha Epsilon fraternity at Texas A&M University sued the fraternity for $1 million after alleging they were hazed. They claimed they were forced to do “kinesthetic activities” and had industrial-strength cleaner and other substances like raw eggs and spit poured on them, resulting in serious burns requiring skin graft surgeries.
• In September 2018, a 19-year-old member of the Kappa Sigma fraternity at Texas Christian University was arrested for allegedly hazing pledges. He forced a pledge to chug a beer and then emptied a bottle of sprinkles into the pledge’s mouth.
• In September 2013, 13 members of the Texas State Bobcat Marching Band were arrested and suspended for hazing incidents. While not a fraternity, this shows hazing arrests occurring on Texas college campuses.

What To Do If You’re Accused Or Arrested For Fraternity Hazing in Texas

If you have been accused of fraternity hazing in Texas, there are two things you need to do without hesitation: Refuse to talk to police or school officials without an attorney and call an experienced defense attorney as soon as possible.

• Don’t Talk to Police or School Officials or Provide a Statement Without an Attorney

Any statements made to authorities can and will be used against you in a court of law. So keep quiet and invoke your right to an attorney. Do not make any statements or answer any questions without your attorney present. 

• Call an Experienced Criminal Defense Attorney as Soon as Possible

If you or a loved one has been accused of fraternity hazing in Texas, it’s imperative to contact an experienced defense attorney as soon as possible. A seasoned attorney can provide guidance, protect your rights, and help build a strong defense against the charges.

They will work diligently to investigate the details of your case, challenge any evidence presented against you, and negotiate with prosecutors on your behalf. Early intervention by a skilled lawyer can make a significant difference in the outcome of your case, potentially reducing penalties or even achieving a dismissal of charges. Don’t wait—get the legal support you need to navigate this challenging time and safeguard your future.

Accused of Hazing in North Texas? Contact Us. 

If you or a loved one has been arrested for or accused of an incident related to hazing, your next call needs to be to an experienced defense attorney. We can help. Our team is made up of experienced, award-winning criminal attorneys who have a proven record of success. When your future is on the line, you want the best in your corner. Call (817) 203-2220 today.