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Varghese Summersett

If you ask someone to define murder in Texas, they will usually say it’s intentionally taking someone’s life – often with a weapon such as a gun, knife or ligature. And while that is certainly accurate, there is also another, less common way to commit murder. It’s called “felony murder” and it covers situations in which a person kills without intent.

In this article, we are going to explain the felony murder rule and offer some real examples of how it has been used to prosecute people in North Texas, including in a growing number of drunk driving fatalities.

The Definition of Murder in Texas

Murder is defined in Chapter 19.02 of the Texas Penal Code, which specifies three ways in which it can be committed. It’s the third definition – which is commonly referred to as the “felony murder rule” – that we will be exploring in this article today. But first, here’s a look at the complete definition.

A person commits the offense of murder if he or she:

  1. intentionally or knowingly causes the death of an individual; or
  2. intends to cause serious bodily injury and commits an act clearly dangerous to human life that causes the death of an individual; or
  3. commits or attempts to commit a felony, other than manslaughter, and in the course of and in furtherance of the commission or attempt, or in immediate flight from the commission or attempt, he or she commits or attempts to commit an act clearly dangerous to human life and causes the death of an individual.

What’s the difference between murder and felony murder?

As you can see from the lengthy definition of murder, there are a number of scenarios under which murder can be committed in Texas. The most common way is to intentionally or knowingly cause the death of an individual.

This could be done by a different means, including using a weapon, poisoning someone or striking them with a car. It can also be committed by intending to cause serious bodily injury and causing a death, such as fatally hitting someone in the head with a baseball bat during a fight.

But what if you didn’t mean to kill anyone? What if you were just trying to commit a felony, like robbing a bank or a store, and someone died as a result? In this case, you could be charged with felony murder.

Felony murder occurs when someone commits or attempts to commit a felony and, in the process, also performs an act “clearly dangerous to human life” that causes the death of another person. A classic example would be a getaway driver in a robbery who, while fleeing the scene, runs over and kills a pedestrian. Even though the driver didn’t intend to kill anyone, they can still be prosecuted for felony murder under Texas law.

Under that example, the getaway driver was committing a felony (robbery) and in the process also performed an act “clearly dangerous to human life” (fleeing the scene) and killed a person (fatally struck a pedestrian.)

What’s the punishment for felony murder in Texas?

From a legal perspective, felony murder is not treated any differently than a so-called “standard murder.” It’s a first-degree felony punishable by 5 years to up to life in prison and a maximum $10,000 fine.

First Degree Felony

How common is felony murder in Texas?

While it’s not as common as standard murder, felony murder is prosecuted often in Texas, and especially, in Tarrant County. Tarrant County has increasingly used this charge in the prosecution of fatal drunk driving wrecks involving repeat offenders. In fact, in October 2004, Tarrant County became one of the first counties in Texas to use felony murder in the prosecution of a habitual drunk driver who caused the death of someone.

How do prosecutors use felony murder in the prosecution of habitual drunk drivers who kill someone?

Under the law in Texas, a driver can be charged with felony DWI if he or she has two or more prior DWI convictions or drives intoxicated with a child in the vehicle. Over the past two decades, prosecutors have used felony DWI as the underlying element that is required to charge someone with felony murder.

Let’s look at the first felony murder case Tarrant County used to prosecute a chronic drunk driver involved in a fatality. In 2003, Jake Aaron Strickland had been drinking at a downtown Fort Worth nightclub when he drove the wrong way onto the freeway and slammed into a vehicle occupied by Julie and Brent Jones. Brent Jones was killed instantly.

Prosecutors decided to pursue the murder charge against Strickland after discovering he had two previous misdemeanor convictions for driving while intoxicated. The collision that killed Jones was Strickland’s third DWI-related charge; because it was the third, the charge became a felony.

Again, under the Texas Penal Code, a defendant can be charged with murder if, while committing a felony, he performs an act “clearly dangerous to human life.” In this case, prosecutors accused Strickland of committing felony DWI and then committing a dangerous act by driving the wrong way down the freeway.

To learn more about felony DWI, please take a moment to watch this video by Benson Varghese, a Board Certified Criminal Lawyer.

Why would prosecutors pursue a felony murder charge rather than an intoxication manslaughter charge?

Felony murder carries a punishment of five years to life in prison, while intoxication manslaughter is punishable by 2 to 20 years in prison. If the facts fit, they pursue the murder charge in an effort to get harsher punishment.

What are some other examples of felony murder prosecutions in North Texas?

  • A TCU student was indicted on a charge of felony murder after being accused of injecting heroin into the arm of his friend, causing his death. The indictment alleged that the defendant was committing a felony – delivery of a controlled substance – when he injected his friend with heroin – an act clearly dangerous to human life.
  • An Arlington mother was charged with felony murder after officials said she was driving while intoxicated with child in her vehicle (a felony) when she drove the wrong way on the freeway (an act clearly dangerous to human life) and caused another vehicle to collide into a pickup. When the drivers got out to assess the damage, another vehicle struck a man on the roadway, killing him.
  •  A Denton County grand jury returned a murder indictment against a chronic drunk driver on charges that he drove drunk again on Easter (a felony) and caused a wreck (act dangerous to human life), killing two members of an Argyle family and seriously injuring three others.  It was the first time that a felony murder charge had been filed in Denton County for a death allegedly caused by a repeat DWI offender.
  • A Burleson man with two prior DWI convictions (a felony) was charged with felony murder after he allegedly drove drunk and hit a concrete barrier (act clearly dangerous to human life), killing his passenger.

Accused of Felony Murder in North Texas? 

If you or a loved one is facing a charge of felony murder in Fort Worth or North Texas, it’s vital that you contact an experienced defense attorney immediately. Our team has decades of experience handling murder cases, both as defense attorneys and former prosecutors.  We will work tirelessly to build a defense that will give you the best chance of a favorable outcome. Call 817-203-2220 now for a free consultation with a seasoned criminal attorney.

Varghese Summersett

Although it is rare, judges sometimes choose to sequester, or isolate, a jury in high-profile criminal trials. Basically, the jurors are kept away from other people and outside influences for the duration of the trial. In this article, we will explain jury sequestration and answer common questions about the process, including the advantages and disadvantages of sequestering a jury.

What is jury sequestration?

Jury sequestration is the process of keeping all members of the jury away from the public and press during a trial. Sequestered jurors are typically put up in a hotel and are not allowed to watch television, read newspapers, or use social media. They may have limited use of their phones, but only under the watchful eyes of bailiffs or court personnel. They are also not allowed to discuss the case with anyone except for their fellow jurors – and only then when it is time to deliberate.

Why do judges sequester jurors?

The purpose of sequestration is to protect the jury from outside influences and ensure that they base their verdict solely on the evidence presented in court. Watching the news, speaking to family or friends, or even overhearing conversations outside the courthouse could impact their ability to make a fair and impartial decision. For example, if a jury were to inadvertently see or hear something about the case outside of court, it could affect their deliberations.

What are the disadvantages of sequestering a jury?

Sequestration can be stressful to jury members who are away from their family, jobs, and normal daily routines. It is not uncommon for jurors to feel isolated, bored, and anxious while they are sequestered. This is why judges typically try to avoid sequestration whenever possible. In addition, jury sequestration can be quite costly – the hotel expenses and meals can add up quickly. Not to mention, jurors are typically not compensated for their time beyond the standard jury fee.

Because of these reasons, sequestering a jury can sometimes be counterproductive. Sequestered jurors may be more likely to rush their deliberations in order to return to their normal lives. They also may be angry and annoyed, making jury deliberations more contentious, rather than amicable.

What are the benefits of jury sequestration?

Despite the challenges, jury sequestration does have its benefits. It allows jurors to focus solely on the trial without having to worry about outside influences. This can be especially important in high-profile or complex cases where there is a lot of public interest and media coverage. Jury sequestration can also help prevent jury tampering and ensure that jury members do not feel pressure to conform to the majority opinion.

How common is jury sequestration?

While jury sequestration is not common, it does happen occasionally in high-profile criminal cases. For example, the jury in the O.J. Simpson murder trial was sequestered for nine months. Here’s a look at some other trials in which the jury was sequestered or partially sequestered:

Do you think jury sequestration is a good or bad idea? Let us know your thoughts.

We hope you found this information helpful. If you have any questions or comments about jury sequestration or any other area of criminal law, please don’t hesitate leave us a comment below. Also, please take a moment to check out this video on jury duty.

Collectively, the lawyers at Varghese Summersett have more than 120 years of experience and have tried more than 750 cases before state and federal juries. We have a proven record of exceptional results and more 5-star reviews than any other criminal defense firm in North Texas. If you or a loved one is facing a criminal charge in Fort Worth or surrounding areas, call 817-203-2220 today for a free consultation with an experienced criminal defense lawyer.
Varghese Summersett

Each year, thousands of mentally ill people are arrested in Texas. A small number of them will plead “not guilty by reason of insanity.”

But what does that mean? And what happens to them if they are found not guilty by reason of insanity?

Not guilty by reason of insanity (NGRI) is a seldom-used defense that is raised for defendants who did not know their conduct was wrong due to a severe mental illness or defect. For example, insane defendants might hear voices that instruct them to commit a murder or carry out a violent act or experience delusions that make them believe they are being followed, poisoned or persecuted.

In this article, we are going to discuss Texas’ insanity defense, explain what happens when someone is found NGRI, and offer real examples of when this defense worked – and when it did not.

What is Texas’ insanity defense?

In Texas, the “insanity defense” is codified in Section 8.01 of the Penal Code. It is an affirmative defense that excuses or justifies a person’s actions on the ground that he or she was suffering from a severe mental illness at the time of the offense and, as a result, did not know that their criminal conduct was wrong.

To be successful, the defendant must prove, by a preponderance of the evidence, two things:

  • They were suffering from a severe mental disease or defect and;
  • as a result of that mental illness, they did not know that their conduct at the time of the crime was wrong.

What happens when someone is found not guilty by reason of insanity in Texas?

When a defendant is found NGRI in Texas, they are technically acquitted of all charges, but they will not be released to the streets. What happens next depends on whether the defendant is deemed dangerous or not.

After receiving a NGRI verdict, a judge will hold a hearing within 30 days to determine if the defendant is mentally ill and whether he or she committed a violent offense.

If the court finds the defendant did not commit a violent offense or is no longer mentally ill, he or she can be discharged, placed with a responsible person or transferred to probate court. There, civil commitment proceedings determine whether the defendant should be committed to a Texas Department of Mental Health and Mental Retardation facility.

If the crime was violent, the court has two options: transfer the defendant to probate court or retain jurisdiction. If the court chooses to retain jurisdiction, which is common, it can order the defendant to be committed for up to 90 days to a maximum-security state hospital.

If a board decides that the patient is not “manifestly dangerous,” he or she must be transferred to a less-restrictive state hospital within 60 days.

After 90 days, the judge must decide whether to recommit the defendant for up to a year. At the expiration of each commitment, the judge can recommit the defendant for up to a year.

How long can a NGRI defendant be committed to a state hospital?

A defendant who is found not guilty by reason of insanity in Texas cannot be committed to a mental hospital for longer than the maximum sentence of the crime. For example, if the maximum sentence for the crime was 10 years, that is the maximum amount of time they could be committed. After that, the court loses jurisdiction and the defendant can only be civilly committed.

How common is the insanity defense in Texas?

The insanity defense is rare in Texas. In fact, it is only raised in about one percent of all criminal cases. Of the cases where the defense is raised, even fewer are successful, especially in jury trials.

Why is the insanity defense rarely successful?

Jurors have a hard time finding someone “not guilty” when they know that the defendant committed a crime. They also often wrongly believe that, if they acquit an insane defendant or find them “not guilty,” they are released to the streets – even though they are mentally ill and potentially dangerous.

Juries are not allowed to be told that defendants found not guilty by reason of insanity typically go to a state mental hospital until a treatment team finds they are stable enough to be released and that a judge must approve their release.

Most defendants are not found NGRI by a jury. But rather, a judge will render the verdict after both sides enter into a plea agreement. These agreements are usually only reached after mental health experts agree that the defendant was legally insane at the time of the offense.

What are some examples of when an insanity defense was raised in Texas?

The insanity defense has been raised in a number of high-profile cases over the decades in Texas. Below are examples and the outcome of the case:

  • In 2020, Krystle Concepcion Villanueva was sentenced to life in prison without parole for stabbing and beheading her 5-year-old daughter. She claimed that her daughter and father-in-law had “been replaced by clones and had to be killed to bring back her real family.” Jurors rejected her insanity defense and found her guilty of capital murder.
  • Eddie Ray Routh was sentenced to life in prison in 2015 for gunning down American Sniper author Chris Kyle and his friend Chad Littlefield at a sport shooting range southwest of Glen Rose. Routh’s defense team contended that he was schizophrenic and that Kyle and Littlefield were pig hybrids and that he had to kill them before they killed him. Jurors rejected that argument after 2 1/2 hours of deliberation and found him guilty of capital murder.
  • In 2004, Dena Schlosser amputated both arms of her 10-month-old daughter with a butcher knife because she believed God commanded her to do so. She was found not guilty by reason of insanity and committed to a state mental hospital. She has since been released.
  • Deanna Laney was found not guilty by reason of insanity for bludgeoning two of her sons to death with rocks and severely injuring the third on Mother’s Day in 2003. Laney said she was following God’s orders. She was released from a mental hospital in 2012.
  • In 2001, Andrea Yates, a Houston mother suffering from postpartum psychosis, drowned all five of her children in her bathtub. Jurors rejected her insanity defense and sentenced her to life in prison. That verdict was later overturned due to the erroneous testimony of a prosecution medical expert and Yates was granted a new trial. During her second trial, jurors found her not guilty by reason of insanity and she was committed to a state mental hospital.

What do you think about Texas’ insanity defense? Let us know your thoughts.

We hope you found this information useful. If you have any questions or comments about not guilty by reason of insanity or any other area of criminal law, please leave us a comment below.

Collectively, the attorneys at Varghese Summersett have more than 120 years of experience and have tried more than 750 cases before state and federal juries. We have a record of exceptional results and more 5-star reviews than any other criminal defense firm in North Texas.

If you or a loved one is facing a criminal charge in Fort Worth or the surrounding areas, call 817-203-2220 today for a free consultation with a seasoned criminal defense attorney.

Varghese Summersett

Each year, thousands of mentally ill people are arrested in Texas. A small number of them will plead “not guilty by reason of insanity.”

But what does that mean? And what happens to them if they are found not guilty by reason of insanity?

Not guilty by reason of insanity (NGRI) is a seldom-used defense that is raised for defendants who did not know their conduct was wrong due to a severe mental illness or defect. For example, insane defendants might hear voices that instruct them to commit a murder or carry out a violent act or experience delusions that make them believe they are being followed, poisoned or persecuted.

In this article, we are going to discuss Texas’ insanity defense, explain what happens when someone is found NGRI, and offer real examples of when this defense worked – and when it did not.

What is Texas’ insanity defense?

In Texas, the “insanity defense” is codified in Section 8.01 of the Penal Code. It is an affirmative defense that excuses or justifies a person’s actions on the ground that he or she was suffering from a severe mental illness at the time of the offense and, as a result, did not know that their criminal conduct was wrong.

To be successful, the defendant must prove, by a preponderance of the evidence, two things:

  • They were suffering from a severe mental disease or defect and;
  • as a result of that mental illness, they did not know that their conduct at the time of the crime was wrong.

What happens when someone is found not guilty by reason of insanity in Texas?

When a defendant is found NGRI in Texas, they are technically acquitted of all charges, but they will not be released to the streets. What happens next depends on whether the defendant is deemed dangerous or not.

After receiving a NGRI verdict, a judge will hold a hearing within 30 days to determine if the defendant is mentally ill and whether he or she committed a violent offense.

If the court finds the defendant did not commit a violent offense or is no longer mentally ill, he or she can be discharged, placed with a responsible person or transferred to probate court. There, civil commitment proceedings determine whether the defendant should be committed to a Texas Department of Mental Health and Mental Retardation facility.

If the crime was violent, the court has two options: transfer the defendant to probate court or retain jurisdiction. If the court chooses to retain jurisdiction, which is common, it can order the defendant to be committed for up to 90 days to a maximum-security state hospital.

If a board decides that the patient is not “manifestly dangerous,” he or she must be transferred to a less-restrictive state hospital within 60 days.

After 90 days, the judge must decide whether to recommit the defendant for up to a year. At the expiration of each commitment, the judge can recommit the defendant for up to a year.

How long can a NGRI defendant be committed to a state hospital?

A defendant who is found not guilty by reason of insanity in Texas cannot be committed to a mental hospital for longer than the maximum sentence of the crime. For example, if the maximum sentence for the crime was 10 years, that is the maximum amount of time they could be committed. After that, the court loses jurisdiction and the defendant can only be civilly committed.

How common is the insanity defense in Texas?

The insanity defense is rare in Texas. In fact, it is only raised in about one percent of all criminal cases. Of the cases where the defense is raised, even fewer are successful, especially in jury trials.

Why is the insanity defense rarely successful?

Jurors have a hard time finding someone “not guilty” when they know that the defendant committed a crime. They also often wrongly believe that, if they acquit an insane defendant or find them “not guilty,” they are released to the streets – even though they are mentally ill and potentially dangerous.

Juries are not allowed to be told that defendants found not guilty by reason of insanity typically go to a state mental hospital until a treatment team finds they are stable enough to be released and that a judge must approve their release.

Most defendants are not found NGRI by a jury. But rather, a judge will render the verdict after both sides enter into a plea agreement. These agreements are usually only reached after mental health experts agree that the defendant was legally insane at the time of the offense.

What are some examples of when an insanity defense was raised in Texas?

The insanity defense has been raised in a number of high-profile cases over the decades in Texas. Below are examples and the outcome of the case:

  • In 2020, Krystle Concepcion Villanueva was sentenced to life in prison without parole for stabbing and beheading her 5-year-old daughter. She claimed that her daughter and father-in-law had “been replaced by clones and had to be killed to bring back her real family.” Jurors rejected her insanity defense and found her guilty of capital murder.
  • Eddie Ray Routh was sentenced to life in prison in 2015 for gunning down American Sniper author Chris Kyle and his friend Chad Littlefield at a sport shooting range southwest of Glen Rose. Routh’s defense team contended that he was schizophrenic and that Kyle and Littlefield were pig hybrids and that he had to kill them before they killed him. Jurors rejected that argument after 2 1/2 hours of deliberation and found him guilty of capital murder.
  • In 2004, Dena Schlosser amputated both arms of her 10-month-old daughter with a butcher knife because she believed God commanded her to do so. She was found not guilty by reason of insanity and committed to a state mental hospital. She has since been released.
  • Deanna Laney was found not guilty by reason of insanity for bludgeoning two of her sons to death with rocks and severely injuring the third on Mother’s Day in 2003. Laney said she was following God’s orders. She was released from a mental hospital in 2012.
  • In 2001, Andrea Yates, a Houston mother suffering from postpartum psychosis, drowned all five of her children in her bathtub. Jurors rejected her insanity defense and sentenced her to life in prison. That verdict was later overturned due to the erroneous testimony of a prosecution medical expert and Yates was granted a new trial. During her second trial, jurors found her not guilty by reason of insanity and she was committed to a state mental hospital.

What do you think about Texas’ insanity defense? Let us know your thoughts.

We hope you found this information useful. If you have any questions or comments about not guilty by reason of insanity or any other area of criminal law, please leave us a comment below.

Collectively, the attorneys at Varghese Summersett have more than 120 years of experience and have tried more than 750 cases before state and federal juries. We have a record of exceptional results and more 5-star reviews than any other criminal defense firm in North Texas.

If you or a loved one is facing a criminal charge in Fort Worth or the surrounding areas, call 817-203-2220 today for a free consultation with a seasoned criminal defense attorney.

Varghese Summersett

Over the past several years, catalytic converter thefts in Texas have been on the rise. To combat the problem, lawmakers passed legislation in 2021 making it a felony to steal, buy or sell stolen catalytic converters in Texas. In this article, we are going to explain the crime and consequences of catalytic converter theft in Texas and answer some frequently asked questions about this unusual trend.

What is a catalytic converter?

A catalytic converter is a muffler-shaped device on the underside of a vehicle that helps reduce harmful emissions from a vehicle’s engine. Catalytic converters are required by law on all new vehicles sold in the United States.

catalytic converter

Why are catalytic converters being stolen?

Catalytic converters contain precious metals like platinum, palladium, and rhodium, which makes them attractive to people looking to make quick money. After stealing the catalytic converter, they turn around and sell the car part to junkyards, metal recyclers, or on the black market.

Why has there been an increase in catalytic converter thefts in Texas?

The price of the precious metals contained in catalytic converters has increased in recent years in Texas and across the county, which has led to an increase in thefts. Platinum, palladium, and rhodium all sell for hundreds to thousands of dollars per ounce.

How is catalytic converter theft committed?

Most catalytic converter thefts are committed by someone who slides under a vehicle and cuts off the catalytic converter with a small, battery-operated saw with a metal cutting blade. The process takes minutes. Catalytic converters are often stolen from driveways and apartment parking lots.

What are the consequences of catalytic converter theft in Texas?

Catalytic converter theft in Texas is now a felony offense. In June 2021, Texas Gov. Greg Abbott signed House Bill 4110, which made it a state jail felony to steal, buy or sell stolen catalytic converters.

A state felony is punishable by six months to two years in a state jail facility and a maximum $10,00 fine. If the defendant has been previously convicted of catalytic converter theft in Texas, they face a third-degree felony, punishable by 2 to 10 years in prison.

What does the new catalytic converter theft law require?

Among other things, the new law requires people selling catalytic converters to provide the year, make, model, and vehicle identification number from the vehicle in which the part was removed. It also requires metal recycling facilities to take a thumbprint of the person selling them the catalytic converter and mark each catalytic converter with a unique number. Failure to abide by these regulations could result in a criminal offense.

Charged with catalytic converter theft in Fort Worth or surrounding areas? Contact Us.

If you have been charged with catalytic converter theft, it is important to contact an experienced criminal defense attorney as soon as possible. We can help. Our team has successfully defended thousands of felony cases in Fort Worth and will work diligently to obtain the most favorable outcome possible. Call Varghese Summersett today at 817-203-2220 for a free consultation with a catalytic converter theft lawyer in Fort Worth.

Varghese Summersett

When clients call our law firm to discuss intoxication offenses, they often use the words DUI and DWI interchangeably. However, these two offenses are not the same thing in Texas. A DUI is reserved solely for people under the age of 21, while a person of any age can be charged DWI as long as certain elements are met.

To be sure, both offenses can have long-lasting future implications. That’s why it is so important to contact an experienced criminal defense attorney if you or a loved one has been arrested on a DUI, DWI or any other intoxication offense.

In this article, we are going to explain the difference between DUI and DWI in Texas and what you should do if you or a loved one has been arrested for an intoxication crime. But first please take a moment and watch this video by experienced Fort Worth DUI lawyer Anna Summersett, who is also board certified in criminal law.

What is a DUI in Texas?

In Texas, DUI stands for Driving Under the Influence.  A person commits the offense of DUI if he or she is under the age of 21 and drives with any detectible amount of alcohol in their system. This offense only applies to individuals who have not reached the legal drinking age. This can be confusing because “DUI” in many other states means something very different. In most states “DUI” is the equivalent of a DWI in Texas.

What is a DWI in Texas?

In Texas, DWI stands for Driving While Intoxicated. A person commits the offense of DWI if he or she operates a motor vehicle while intoxicated. Intoxication means the driver has a blood alcohol concentration of a .08 or greater or has lost the normal use of their mental and physical faculties due to the introduction of any substance into their body, including alcohol, illicit drugs or prescription drugs. A person can be charged with DWI at any age.

What are the differences between a DUI and DWI in Texas?

In this table, our Fort Worth DUI lawyer breaks down the main differences between a DWI and a DUI in Texas, including the offense, punishment and license suspensions.

Driving Under the Influence (DUI)Driving While Intoxicated (DWI)
Applies to drivers under 21Age is not a factor
Charges stem from alcohol use onlyCharges stem from any intoxicant, including alcohol, illicit drugs and prescription drugs
Class C Misdemeanor, punishable by a maximum $500 fineClass B Misdemeanor, punishable by 3 to 180 days in the county jail
60 day license suspension90 to 180 day license suspension
Section 106.041 Texas Alcoholic Beverage CodeChapter 49.04, Texas Penal Code

Not Guilty DWI

How much does a Fort Worth DWI attorney cost in Texas?

Quality representation for an experienced DWI lawyer will cost between $5,000-$25,000 pre-trial in most cases in Texas. The amount will depend on the quality and experience of the lawyer, as well as the facts and circumstances of the case. For the best possible outcome, you want an experienced attorney who has a proven track record of successful results.

Can a DUI be dismissed in Texas?

DUI cases can and do get dismissed. A great resolution, such as dismissal, depends on the a number of factors, including the quality of the defense lawyer, the reasonableness of the prosecutor, and the strength of the evidence. In some jurisdictions, prosecutors will rarely, if ever, consider a dismissal. To learn more about dismissals in Fort Worth and the surrounding areas, please call our office at 817-203-2220 for a free consultation with a Fort Worth DUI lawyer.

How do DWI cases get dismissed in Texas?

DWI cases are harder to get dismissed, but it does happen. We have a very thorough article on the most common ways to get a DWI dismissed, which you can check out here. Please also take a moment to watch this video by Board Certified Criminal Defense Lawyer Benson Varghese.

How do you find the best Fort Worth DUI Lawyer or DWI lawyer?

To find the best Fort Worth DUI lawyer or DWI lawyer, you need to put in the leg work. Read reviews, narrow down your list, and then contact them for a consultation. During the consultation ask important questions to ascertain their experience, skills, strategy and compassion. You don’t want to be treated like just a number when you are going through a difficult time in your life. Please take a moment to read our article, Five Steps to Finding the Best DWI/DUI Lawyer in 2022.

Speak to a Fort Worth DUI lawyer today.

If you or a loved one has been arrested for DUI or another intoxication offense in Fort Worth or the surrounding area, it’s imperative to contact an experienced defense attorney right away. That is the single most important thing you can do.

Our team of former prosecutors and board certified criminal law attorneys have handled thousands of intoxication offenses and have a proven record of success. We can help. Call 817-203-2220 for a free consultation with an experienced Fort Worth DUI lawyer.

Varghese Summersett

Fort Worth Sexual Assault Defense

If you have been accused of sexual assault in Fort Worth or the surrounding areas, what you do (or don’t do) next can impact the trajectory of your case and, ultimately, your life.

Sexual assault cases are usually built on the word of the alleged victim, often without corroborating evidence, so you will not help yourself by cooperating with police or giving your side of the story. They aren’t interested in fairness or getting to the truth. In fact, giving a statement to the police is the worst thing you can do right now.

Your next contact needs to be with an experienced sexual assault defense attorney who has a proven record of success and the reputation to back it up. Our team has helped numerous people beat a sexual assault charge and we are prepared to help you, too. Do not underestimate the gravity of your situation. A conviction for sexual assault carries life-altering consequences, including possible prison time, steep fines and sex offender registration. You will need the very best defense team in your corner to beat a sexual assault charge.

How to Beat a Sexual Assault Charge

At Varghese Summersett, we have a reputation as one of the best sexual assault defense firms in North Texas – and for good reason. We have exceptional results defending rape cases, including sexual assault, aggravated sexual assault and sex allegations involving children.

So what’s our strategy? We get out in front of the case fast – and leave no stone unturned when looking for weaknesses in the prosecution’s case. In this blog post, we share ways to beat a sexual assault charge. But first, please watch this video by Letty Martinez, a board-certified criminal attorney and former prosecutor who has handled dozens of sexual assault cases during her legal career.

Advantages of Getting Out in Front of the Case

If you have been accused of sexual assault, formally or informally, the first thing you need to do is contact an experienced Fort Worth sexual assault attorney. Do not talk to the police – or anyone else.

  • If you heard through the grapevine that your ex-girlfriend is telling people you sexually assaulted her, you need to contact a defense attorney.
  • If a detective contacts you and asks you to come down to the station to give “your side of the story,” you need to contact a defense attorney.
  • If you are arrested on a sexual assault charge, you need to exercise your right to remain silent and contact a defense attorney.

By contacting an experienced defense attorney before you do anything else, you can level the playing field and put yourself in a much better position to defend against sexual assault allegations. The attorney will act as the buffer between you and the police, so you are not inadvertently incriminating yourself.

The attorney can also start investigating the sexual assault allegations right away and, if necessary, take steps to preserve evidence that may be helpful to your defense. For example, if there are text messages or social media posts that contradict the alleged victim’s story, an attorney can work to obtain them before they are deleted.

An experienced sexual assault defense attorney will also be able to assess the credibility of the alleged victim and begin looking for any possible motives that she or he may have to make false accusations. For example, if the alleged victim is trying to gain an advantage in a child custody case, that is extremely valuable information.

In some instances, the attorney can provide police and prosecutors with information that may prompt them to reconsider filing sexual assault charges. For example, if the alleged victim has a history of making false accusations or there is evidence that she was not actually assaulted (i.e., she had consensual sexual contact with someone else around the same time), that may be enough to get the charges dropped.

If it looks like they are going to proceed with the investigation, the attorney can work on a presentation for the grand jury in an attempt to get the case no-billed, or dismissed, at that stage in the process.

The bottom line is this: if you have been accused of sexual assault, the best thing you can do is contact an experienced criminal defense attorney as soon as possible. The sooner you get an attorney on your side, the better your chances of avoiding charges or getting the charges dismissed.

 

aggravated sexual assault

How to Find Weaknesses in the Prosecution’s Case

In sexual assault cases, detectives and prosecutors tend to believe their alleged victims – even in the face of evidence to the contrary. It’s not uncommon for prosecutors to move forward with a case even when an alleged victim recants. Instead of dismissing the case, they may even double down and bring in an expert to explain to the jury why recantations should not be believed.

As defense attorneys, our job is to look for every weakness in the prosecution’s case – large or small – and use them to our client’s advantage. Some areas that we focus on include the timing of the allegation, insufficient evidence, inconsistent statements and motives for lying.

? Timing

The timing of a sexual assault allegation can be very important when defending a sexual assault case.

1.     When was the outcry made?

Did the alleged victim make the accusation immediately after the sexual assault occurred or weeks, months or even years later? The longer the delay, the more likely it is that there are other motives for making the accusation.

For example, if an individual alleges that she was sexually assaulted by her boss and she waits until she is about to be fired for embezzling company funds to make the accusation, that raises serious questions about her motives.

On the other hand, if an individual reports a sexual assault to the police immediately after it happens, that is much more difficult for the defense to overcome.

2.     Is the outcry consistent with the alleged victim’s conduct over time? 

If an alleged victim reports a sexual assault and then posts photos and videos on social media that are sexually promiscuous or inappropriate, it could be used to show that he or she is unfazed by the alleged sexual assault.

It’s important to look at the individual’s social media posts and conduct over time to see if there is a pattern of sexual promiscuity or making false accusations. If there is, that can be used to impeach the alleged victim’s credibility.

3.     Does the timing of the allegation make it more or less plausible – in other words, what else was going on at the time of the allegation? 

For example, if an individual accuses her ex-boyfriend of sexual assault and she makes the accusation immediately after he breaks up with her, that raises questions about her motives.

? Insufficient Evidence

In sexual assault cases, there is often very little evidence beyond the alleged victim’s word. There may not be any eyewitnesses, video footage or physical evidence. This can make sexual assault cases difficult to prove – and easier to defend.

If there is no concrete evidence linking the defendant to the sexual assault, that creates a major weakness in the prosecution’s case. Our team will capitalize on that weakness to create reasonable doubt.

? Inconsistent Statements

It is not uncommon for sexual assault victims to give inconsistent statements to the police, or even change their story completely. When investigating sexual assault cases, our defense team will spend significant time finding, gathering and analyzing any statement the alleged victim made to determine if there are any inconsistencies, including:

  • The first statement – or outcry – the alleged victim made (and to whom)
  • Statement to the patrol officer
  • Statement to the police detective
  • Statement to 911 call taker
  • Statement to sexual assault nurse examiner
  • Statement to a forensic examiner
  • Statement to therapist
  • Statements to friends, family, co-workers, teachers
  •  Family court statements, including in a divorce or child custody case
  • School records, work records, doorbell recordings, etc.

If we find any inconsistencies in the alleged victim’s statements, we will use those as leverage in an attempt to get the case dismissed or, if we go to trial, create reasonable doubt in the minds of the jury.

? Motives for Lying

In sexual assault cases, the alleged victim often has ulterior motives for making a false accusation. If we find a motive or bias for lying, we will use them attack the credibility of the accuser. Some common motives for sexual assault allegations include:

  • to get revenge – sexual assault allegations are often made in an attempt to get revenge on the accused for some real or perceived wrong.
  • to obtain child custody – sexual assault allegations are often made in child custody cases as a way to try to get an advantage.
  • to get attention – some people, particularly young girls and boys, crave attention and will make sexual assault allegations as a way to get attention from their parents or others.
  • to cover up infidelity – sexual assault allegations are sometimes made to cover up an affair or other sexual misconduct.
  • for financial gain – sexual assault allegations are sometimes made in an attempt to get a large financial settlement from the accused or their insurance company.
  • mental health issues – some people who make sexual assault allegations are suffering from mental health issues, such as Borderline Personality Disorder.
  • fabricated – some sexual assault allegations are completely fabricated and the alleged victim has no memory of any sexual assault because it never happened.
  • To obtain immigration status – sexual assault allegations are sometimes made by people who are not citizens in order to try to obtain legal status in the United States.

As you can see, there are many possible motives for bringing false sexual assault allegations. Our experienced criminal defense team will carefully investigate to try to find any ulterior motives in an effort to beat a sexual assault charge.

An Experienced Attorney Can Help Beat a Sexual Assault Charge

We understand that sexual assault cases are often based on “he said, she said” testimony with little to no physical evidence, so we work tirelessly to poke holes in the victim’s story and cast doubt on the credibility of the prosecution’s case.

If you or a loved one has been accused of sexual assault, please contact our office for a free consultation with an experienced defense attorney. We have handled thousands of sex cases – first as prosecutors and now as highly skilled defense attorneys. We know how the other side thinks, which is why are in the best possible position to beat a sexual assault charge. Call 817-203-2220 now; time is of the essence.

Varghese Summersett

During criminal trials and proceedings, you will see attorneys stand up and make various objections. But what do these objections mean? And why are they being made?

Criminal courtroom terminology and proceedings can be confusing for those not familiar with the law. In this blog post, we are going to explain five of the most common criminal court objections so you can understand what’s happening if you are ever on the witness stand –  or just a curious courtroom observer.

1. Hearsay

“Objection! Hearsay, your honor.” Hearsay is one of the most common criminal court objections and basically refers to second-hand information. The basic concept is that statements made by an out-of-court third party cannot be used to establish the truth. This is because the opposing party can’t cross-examine them and test their credibility.

Simply put, when someone is testifying in a criminal trial, they are not allowed to say what someone else told them. That is referred to as “hearsay” and is generally inadmissable. For example, if Bill tells his friend John that he saw Joe commit a murder, and then John testifies in court about what Bill told him, that is hearsay.

The hearsay rule is in place to prevent people from testifying about things they did not hear or see with their own two eyes. It’s important to have first-hand testimony in criminal trials so the jury can make a decision based on what they heard directly from the witness, and not just what that witness was told by someone else.

If a statement is deemed hearsay, it will be inadmissible unless it falls into an exception. If there is an exception to the hearsay rule (and there are many of them), the judge will let the witness know and allow them to answer the question.

2. Leading Questions

“Objection Judge – Leading!” When a prosecutor or defense attorney is questioning a witness, they are not allowed to ask a question in a way that suggests an answer or puts words in their mouth.

For example, a leading question would be, “You saw the defendant hit the victim with a bat, didn’t you?”

Asking leading questions is not allowed because it can bias or influence the witness’s testimony. The attorney is supposed to let the witness answer the question without giving them any hints as to what they should say. If an attorney asks leading questions, the judge will usually sustain these criminal court objections and tell them to ask a different question.

3. Relevance

“Objection, Relevance.”  This objection is typically made when an attorney is questioning a witness about something that doesn’t have anything to do with the case before the court.

For example, if a witness is testifying about a fatal car crash, and the prosecutor starts asking the witness questions about a shoplifting incident that happened 20 years ago, the defense attorney would object on relevance grounds.

The judge will usually sustain criminal court objections on the grounds of relevance and tell the attorney to move on to something else. The reason relevance matters is because jurors can be easily distracted or influenced by information that doesn’t have anything to do with the case they are supposed to be focusing on. If something is not relevant, it can also be unfairly prejudicial, meaning it could make the jury unfairly biased against the defendant.

4. Speculation

“Objection, Speculation.” This objection is typically made when a testifying witnesses is asked to guess, estimate, or make assumptions about something.

For example, if the prosecutor asks the witness how fast the defendant was going when they hit the victim with their car, that would be speculation. The witness would not be able to know for sure how fast the defendant was going.

When an objection is made on speculation grounds, the judge will usually sustain the objection and tell the attorney rephrase their question or move along.

5. Non-Responsive

“Objection! Non-Responsive.” This objection is typically made when a witness gives an answer to a question that doesn’t directly respond to what was asked.

For example, if an attorney asks the witness what the defendant was wearing at the time of the robbery, and the witness starts talking about what they had for breakfast that day, the attorney could object on non-responsive grounds.

The witness is supposed to answer the question that was asked, and not go off on another direction. If a witness is non-responsive, the judge will usually sustain the objection and tell them to directly answer the question that was asked.

Questions about other criminal court objections?

These are just a few criminal court objections. There are numerous others. If you have questions or want to know about criminal court objections, please leave us a comment below.

And remember, if you are ever called to testify in a criminal trial, it’s important to listen to the questions carefully and answer only what is asked. If you don’t understand a question, let the attorney know and they will rephrase it. Try not to get too flustered on the stand, and most importantly, always tell the truth.

Varghese Summersett

If you have been on social media or following the news lately, you’ve probably heard the term “ghost guns.” Earlier this month, President Joe Biden announced a new rule regulating this type of firearm. But what exactly are ghost guns and are they illegal in Texas?

In this blog post, we are going to explain ghost guns, how they are made, and discuss their legality in the Lone Star State. We will also explore the new federal law and the potential consequences of building a ghost gun in Texas.

What is a ‘ghost gun?’

Ghost guns are homemade firearms that do not have a serial number. Because they do not have a serial number, they are untraceable – which makes them almost impossible to track back to crimes. Hence, the term “ghost guns.” They are also sometimes referred to as “80 percent lower receivers.”

Ghost guns lowersHow are people making homemade guns?

Ghost guns are made from unfinished kits that can be purchased online or at a gun store and assembled in about half an hour. Licensed gun manufacturers are required by federal law to engrave or cast a serial number on firearms. However, because ghost guns are made by an individual with a kit – not a federally licensed manufacturer – they are considered “unfinished products” and do not require a serial number. The new law changes this.

What is the new federal rule about ghost guns?

In April 2022, President Biden announced a new rule that modernized the definition of a “firearm.” The rule specified that key components in gun kits now qualify as “firearms” and, therefore, must be sold by licensed firearms dealers and include serial numbers on the gun kit’s frame or receiver, which is the primary piece of the firearm that all parts are attached to. The regulation will also require background checks for anyone purchasing a gun kit. The new rule also requires any federally licensed dealer or gunsmith that comes into contact with a ghost gun to serialize it and keep permanent purchasing records.

The new rules are designed to make it more difficult for people to purchase ghost guns and make them illegal without a background check.

When does the new ghost gun rule take effect?

The new law takes effect in August 2022, but pro-gun activists, advocates, and organizations, such as Gun Owners of America, have vowed to challenge the rule in court.

So, is it illegal to make your own firearm in Texas?

The short answer is no. Under state law, it is not illegal to purchase a gun kit and make your own firearm for personal use in Texas as long as you are not a prohibited person and you comply with all other state and federal laws, including passing a background check. Although some states have laws restricting building your own firearm, Texas is not one of them.

Is it illegal to sell a ghost gun in Texas?

In Texas, it is illegal to manufacture or sell a ghost gun without a license from the ATF.

Facing a gun charge in North Texas? Contact Us.

If you have been charged with a gun crime or any other type of criminal offense in North Texas, contact the law office of Varghese Summersett for free consultation with a knowledgeable and experienced criminal defense attorney. We will fight to protect your rights, freedom, and future. Call us today at 817-203-2220

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What is Keeping a Gambling Place in Texas?

Keeping a gambling place in Texas is the criminal offense of allowing someone to use premises for gambling. This offense is commonly used to bust gaming rooms and mom-and-pop gas stations that have gambling machines that give out tokens or tickets that could be exchanged for something of value.

Texas has some of the strictest gambling laws in the nation – and most confusing. While it’s legal to bet on horse races, buy a lottery ticket, or participate in office pools, basically any other semblance of gambling is against the law. This includes operating game rooms with eight-liners or video slot machines that pay out cash prizes.

In Texas, keeping a gambling place is a criminal offense. This law was created to help prevent the proliferation of illegal gambling operations in the state. However, some feel that this law goes too far and unfairly targets business owners. In North Texas, it is not uncommon for owners of gas stations, truck stops, or convenience stores with eight-liners to be arrested and for police to seize motherboards from the machines or the machines themselves.

In this blog post, we will take a closer look at the law against keeping a gambling place in Texas and explore the controversy surrounding it and the consequences of violating it. If you or a loved one have been accused of a gambling offense in North Texas, call 817-203-2220 for a free consultation with an experienced gambling attorney and find out how we can fight your charges.

What constitutes illegal gambling in Texas?

Under Texas law, a person commits illegal gambling if he or she:

  • makes a bet on the partial or final result of a game or contest;
  • makes a bet on the result of a political nomination, appointment or election;
  • plays and bets for money or other thing of value at any game played with cards, dice, balls or any other gambling device.

So, it’s illegal to gamble on sports, elections or play games like poker or eight-liners for money in Texas.

What is the law against keeping a gambling place in Texas?

According to Texas Penal Code 47.04, a person commits the offense of “keeping a gambling place if he or she “knowingly uses or permits another to use as a gambling place any real estate, building, room, tent, vehicle, boat or other property whatsoever owned by him or under his control or rents or lets any such property with a view or expectation that it be so used.”

As you can see, this is a very broad definition that basically encompasses everything and anything that could be used as a gambling venue. This includes not only eight-liner rooms or video poker bars, but also vehicles, boats and even tents. Casinos are also illegal in Texas.

What’s the controversy surrounding eight-liners and game rooms?

The use of eight-liners and video poker machines has been a source of controversy for decades. Texas outlaws the use of gambling devices, such as eight-liners. However, there is a loophole – known as the “fuzzy animal exception” – which allows game rooms to operate eight-liners under the condition that they award cashless prizes or prizes that aren’t worth more than $5 or 10 times more than the game’s cost.

Oftentimes, undercover officers will go into gas stations, truck stops or game rooms with eight-liners to ensure that the machine or business owner is not paying out cash or exceeding the statutory minimum prize amount. If they see a violation, they will obtain a warrant and arrest the business owner on the charge of keeping a gambling place and seize the motherboards or machines.

What is the punishment for keeping a gambling place in Texas?

Keeping a gambling place in Texas is a Class A misdemeanor punishable by up to a year in jail and a maximum $4,000 fine. The gaming machines or their motherboards can also be seized by police.

Class A misdemeanor

Class A Misdemeanors in Texas

What is the punishment for keeping a gambling place if alleged as Engaging in Organized Crime?

Alleging that the offense was engaging in organized crime bumps it up to a State Jail Felony in Texas.

State Jail Felony

State Jail Felony Punishment in Texas

What are some examples of people being arrested for keeping a gambling place in Texas?

Busts of gambling establishments often make headlines. Here’s a look at some arrest stories around the Lone Star State:

  • In April 2022, Azle police arrested two men in after receiving a tip that The Smoke Garage, which bills itself as a smoke or vape shop, was paying cash prizes to players of its eight-liner machines.
  • Laredo police issued arrest warrants in April 2022 for two employees of the Sure Stay Hotel on allegations that they were operating an illegal eight-liner business. Undercover operations revealed that the slot machines were paying out cash.
  • In 2019, a game room employee was arrested and eight other people were issued citations after a police raid involving eight-liners at the Gift Shop game room in South Fort Worth
  • In 2018, a Waco woman was arrested after an investigation into the use of eight-liner machines and allegations of illegal cash payouts at Shisha Smoke Shop and Game Room.
  • Corpus Christi police served a search warrant on a game room in March 2022 and arrested three men and a women on suspicion of illegal gambling. Fourteen other patrons were also issued warning citations for gambling. Officials seized gambling equipment, two vehicles and cash.

Are there affirmative defenses to keeping a gambling place in Texas?

Yes, there are several affirmative defenses to keeping a gambling place in Texas. An affirmative defense allows a defendant to avoid criminal responsibility for the offense. If you can show that any of the following occurred, you can avoid prosecution for keeping a gambling place in Texas:

1) The gambling occurred in a private place;

2) No one received any economic benefit other than personal winnings; and

3) Except for the advantage of skill or luck, the risks of losing and the chances of winning were the same for all participants.

It’s important to note that, just because there are legal defenses available, doesn’t mean you won’t get arrested. These defenses would likely be raised until the case progresses through the system, or even goes to trial. It’s important to contact an experienced attorney who understands the intricacies of Texas’ gambling law if you have been accused of any gambling crime, even if you believe you were operating legally and under the law.

Accused of keeping a gambling place in North Texas? Contact Us.

The law against keeping a gambling place in Texas is confusing and often results in unfair arrests and charges. If you’ve been accused of keeping a gambling place, contact Varghese Summersett today at 817-203-2220 for a free consultation with an experienced gambling attorney. We have defended numerous people in your situation and we can help you, too.