Legality of Delta 8 THC, Delta 9 THC, Delta 10 THC, and THCA in Texas

Contravening Winds of Change in Texas?

You can’t go very far in Texas without seeing a store that sells THC products, whether it is your local headshop or neighborhood convenience store. In fact, THC dispensing vending machines are popping up all over the Lone Star State. Given their widespread prevalence, you might wonder, “If it were illegal, they wouldn’t be able to sell these products, right?”

S Congress Vending machine
byu/tipsytarotalks in Austin

While you can buy THC products at just about every turn in Austin, the conversations happening between lawmakers inside the Texas State Capitol paint a very different picture of where Texas is heading. Lieutenant Governor Dan Patrick has been vocal and direct about his stance on THC and marijuana legislation. This year, he previewed priorities for the 2025 legislative session, which included explicitly banning Delta 8 and Delta 9 THC. (To be clear Delta 9 THC with a concentration greater than .3% is already illegal – and a felony – in Texas.)

In this article, we will discuss the legality of Delta 8 THC, Delta 9 THC, Delta 10 THC, as well as THCA in Texas. We will also discuss the criminal risks associated with each of these products, particularly those sold as legal products in Texas.

When is THC illegal in Texas?

The simple answer is THC is illegal to possess in Texas if it is Delta 9 THC and the concentration of THC is greater than .3% by dry weight.

Specifically, Health and Safety Code Section 481.002(5) states that controlled substances do not include “tetrahydrocannabinols in hemp.” As we will discuss later in this article, this is a critical provision that affects how the suspected substances are evaluated and prosecuted.

Why are we discussing so many types of THC?

THC, or tetrahydrocannabinol, is a chemical compound found in the cannabis plant that is primarily responsible for the psychoactive effects associated with marijuana use. It interacts with the body’s endocannabinoid system, particularly the CB1 receptors in the brain, to produce effects such as euphoria, relaxation, altered perceptions, and increased appetite.

Quick Reminders from Chemistry Class 

Isomers: An isomer refers to a compound that shares the same chemical formula as another compound but has a different arrangement of atoms in the molecule, leading to different properties.

Precursor: A precursor is a compound that participates in a chemical reaction to produce another compound.

What is Delta 8, Delta 9, and Delta 10 THC and THCA?

Delta 8 THC, Delta 9 THC, and Delta 10 THC are isomers, meaning they have the same molecular formula but differ in the arrangement of atoms and the position of their double bonds within the molecule.

What is the difference between Delta 8 THC, Delta 9 THC, Delta 10 THC, and THCA?

Delta 9 THC

This is the most abundant form of THC found in cannabis plants and is well-known for its strong psychoactive effects. It is the standard form of THC that is most commonly associated with the use of cannabis.

Delta 8 THC

Delta 8 is chemically similar to delta 9 THC, but with the double bond on the eighth carbon in the chain, as opposed to the ninth. It is found in much lower concentrations in cannabis plants. Delta 8 THC is known for producing a milder high compared to Delta 9, with less anxiety and paranoia, which some users prefer. It also has potential medicinal benefits but is less potent.

Delta 10 THC

Like Delta 8, Delta 10 THC is found in only trace amounts in natural cannabis. The double bond in Delta 10 is located on the tenth carbon atom. It is generally considered to be less psychoactive than Delta 9 and Delta 8. Users report that Delta 10 offers a more energizing and less intense experience.

THCA

Tetrahydrocannabinolic acid (THCA) is a non-psychotropic acidic cannabinoid naturally occurring in the cannabis plant that serves as a precursor to tetrahydrocannabinol (THC). It is also the most abundant non-psychoactive cannabinoid found in cannabis.

How is THC Prosecuted in Texas?

As the law stands right now in Texas, for THC to be prosecuted, it has to be delta-9 THC, and it has to be in a concentration of 0.3% or more by dry weight. If the prosecution believes that you possessed THC outside the marijuana plant and the concentration of THC is greater than 0.3% by dry weight, you can be charged with a felony.

What are the risks of possessing Delta 8 THC and Delta 10 THC?

Delta 8 THC is not illegal in Texas; Neither is Delta 10 THC.

To understand why Delta 8 and Delta 10 aren’t illegal, you have first to understand how THC is criminalized in Texas.

Texas categorizes cases into penalty groups. Health and Safety Code Section 481.103 defines Penalty Group 2, which includes “any quantity of the following hallucinogenic substances, their salts, isomers, and salts of isomers unless specifically excepted.”

It goes on to include “tetrahydrocannabinols, other than marihuana, and synthetic equivalents of the substances contained in the plant… and their isomers with similar chemical structure and pharmacological activity.”

You would think this means if Delta 8 and Delta 10 are either synthetic equivalents or isomers with similar chemical structure and pharmacological activity they are illegal.

That would be true except for the exemption in Section 481.002, which excludes hemp and THC in hemp.

Hemp is defined in Agriculture Code Section 121.001 and includes “all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers [of the Cannabis sativa L. plant], whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.”

As a result, any substance that is derived from the Cannabis sativa L. plant (genetically, both marijuana and hemp are the same plant) with a delta 9 THC concentration of 0.3 percent or less is legal, as are all cannabinoids (so THC 8 and 10) that have an equally low THC concentration. Does that mean there’s no risk in purchasing or possessing these products? No.

Read on to understand why possessing something legal in Texas can get you arrested, charged, and become a problem you will spend thousands of dollars to rectify.

• In the field, the police cannot determine concentrations.

In Texas, police use the NARK II Duquenois-Levine Reagent to test for THC in the field. This reagent is part of a presumptive test designed to identify THC in marijuana and other cannabis-related substances. This test is qualitative, not quantitative, meaning it can indicate the presumptive presence of THC but does not specify the concentration. Further, it cannot differentiate between THC isomers such as Delta-9 THC, Delta-8 THC, Delta-10 THC, or THCA.

What this means is officers who suspect a substance might be illegal will use a reagent that cannot distinguish between types of THC (legal or illegal) and gives them no information about concentration. This means they can place you under arrest, and you’ll have to bond out, hire a lawyer, fight the case in court, and very likely pay for your own lab test before the case is resolved.

• THC concentration may vary based on the testing method.

Gas Chromatography

There are several ways to test for THC concentration in a lab. Most criminal labs in Texas use gas chromatography. This is sufficiently accurate (for government work), and perhaps more importantly, it would be virtually impossible to find a criminal lab in Texas without a gas chromatograph. Gas chromatography (GC) is a method used to separate and analyze compounds that can be vaporized, commonly applied in the analysis of THC (tetrahydrocannabinol), the psychoactive component in cannabis.

High-performance liquid chromatography

High-performance liquid chromatography (HPLC) has been reported as the best method for testing cannabinoids.

A key difference between HPLC and GC is that the suspected substance does not have to be heated, unlike GC, which depends on testing a vaporized substance.

Thin-Layer Chromatography

Finally, the cheapest way to test for THC is through Thin-Layer Chromatography (TLC). Producers, sellers, and vendors often use TLC because of the low testing cost. TLC has far lower sensitivity. TLC is more qualitative than quantitative, which means it is better at indicating the presence of a substance rather than accurately measuring its concentration. This can lead to underreporting when precise quantification is necessary, as TLC might not provide the exact levels of THC present.

Back to THC 8 and THC 10: 

If you purchase something with Delta 8 or Delta 10 THC, you still face a risk that a field officer will not be able to distinguish between the isomers of Delta 9 THC. This means you will likely be arrested and have to defend the case in court. You are also running the risk that the lab report you relied on in purchasing the product was not accurate or reliable for the reasons outlined above.

What are the risks of possessing Delta 9 THC sold in low concentration?

Let’s say you buy a product that claims to have Delta 9 THC in a legal concentration that is equal to or less than 0.3 % by dry weight. Let’s say the seller even provides a lab test showing the concentration. You might be tempted to think your purchase and possession are perfectly legal, except there’s no way for an officer to know if the THC concentration is greater than 0.3% by dry weight or not. So once the reagent tests show a presumptive positive for THC, you are getting arrested.

What are the risks of possessing THCA?

THCA deserves its own section and explanation. THCA (tetrahydrocannabinolic acid) is not an isomer of Delta 9 THC; it is a cannabinoid precursor and an acidic form of THC. THCA itself is non-psychoactive, meaning it does not produce the “high” associated with THC. It is found in higher concentrations in fresh, undried cannabis plants, particularly in the raw cannabis buds.

• THCA (C22H30O4): Tetrahydrocannabinolic acid is found in raw and live cannabis plants. It is the non-psychoactive acidic form of THC. THCA does not produce psychoactive effects unless it is decarboxylated, usually through heating.
• Delta-9 THC (C21H30O2): When THCA is exposed to heat, it undergoes a chemical reaction known as decarboxylation, where it loses a carboxyl group (COOH) as carbon dioxide and water. This transformation changes THCA into Delta-9 THC, the well-known psychoactive compound found in cannabis.

THCA has become a popular alternative for individuals in Texas who want the effects of THC without having to possess marijuana and risk an arrest and prosecution that could come with that in Texas.

Is THCA legal in Texas?

THCA is legal in Texas.

Does that mean you can possess it or convert it to THC by smoking or vaporizing it without consequence? No.

If you were stopped while you were smoking or vaporizing THCA, you would no longer have THCA, you would be in possession of THC.

The other significant risk is the testing. Unlike the testing issues with THC-8 and THC-10, the significant risk here is that the testing itself can create the substance law enforcement is looking for and for which prosecutions are based.

Put simply, legal THCA becomes illegal Delta 9 THC when it is heated. In Texas, the most common way criminal labs test cannabinoids is gas chromatography. Heating and vaporizing a sample is a necessary step in gas chromatography. As a result, not only will you be arrested based on a non-specific reagent test, but you will also be prosecuted based on a lab report showing the presence of an illegal concentration of THC. While there are a number of ways to get a case dismissed, you may have to have the sample tested by an outside lab that uses HPLC to prove what you possessed was THCA and not THC.

Legal Challenge For Prosecutors

It is important to note that possession charges in Texas require proof of knowledge of the substance’s illegal status. Therefore, having a lab report indicating that a product is within the legal THC limit could be beneficial. Similarly, having a report that documents you were in possession of THCA as opposed to any THC isomer could be helpful.

In summarizing the complexities and legal nuances surrounding the use of Delta 8 THC, Delta 9 THC, Delta 10 THC, and THCA in Texas, it becomes evident that the state’s stance on these substances is both intricate and evolving. Despite the apparent ubiquity of THC products in Texas, particularly in areas like Austin, the legal landscape is fraught with contradictions. As Texas moves towards the 2025 legislative session and THC products become more prevalent, it becomes imperative for every Texan to stay abreast of the changes in legislation surrounding these substances.

Additional Reading

The Legality of CBD Oil in Texas

Arrested for THC in North Texas? Contact Us.

If you have been arrested for possessing THC in North Texas, it’s important to have an experienced defense attorney who understands the intricacies of THC laws in Texas. As you can see, we have a deep understanding of the legal landscape surrounding THC in Texas, including the complexities of Delta 8, Delta 9, Delta 10 THC, and THCA. Our goal is to get the case dismissed at the outset or resolve it in a manner that will keep your record clean and not negatively impact your future. Call 817-203-2220 to speak with an experienced attorney today.

Southlake officials canceled classes at two high schools on Wednesday after learning of a potential threat of a school shooting.

Officials said the threat involved a message written on a bathroom school door “by someone referring to the STARR test and a potential school shooting” on Wednesday.

Police are investigating the incident, and no one has been taken into custody. Still, the person(s) responsible for the threat could face criminal charges—regardless of whether it was a hoax to disrupt a test or whether they are a juvenile or an adult.

In this article, the criminal defense attorneys at Varghese Summersett explain the various types of offenses that could stem from making school threats in Texas, which are often pranks or false alarms but are still taken extremely seriously by law enforcement and school officials. Juvenile law expert Lisa Herrick also details the procedures and legal processes involved when a minor is taken into custody.

What Constitutes a School Threat?

A school threat is any statement, action, or behavior that expresses an intent to harm students, teachers, or staff at a school. This can include written messages, verbal statements, social media posts, drawings, or physical acts. The intent may be direct and specific, such as naming a particular person or group, or it may be more general and vague.

It is important to note that even if the person making the threat does not have the means or intent to carry out the act, their actions can still be considered criminal offenses. This is because any threat of violence against a school community causes fear and disrupts the learning environment for students.

Types of School Threats

Making a threat to a school can result in different criminal charges depending on the nature and severity of the threat. Here are some examples of school threats and their potential consequences:

Terroristic Threat

According to Section 22.07 of the Texas Penal Code, a person commits an offense if they threaten to commit any crime of violence to any person or property with the intent to:

1. Cause a reaction of any type by an official or volunteer agency organized to deal with emergencies;
2. Place any person in fear of imminent serious bodily injury;
3. Prevent or interrupt the occupation or use of a building, room, place of assembly, place to which the public has access, place of employment or occupation, aircraft, automobile, or other public place;
4. Cause impairment or interruption of public communications, public transportation, public water, gas, or power supply or other public service;
5. Place the public or a substantial group of the public in fear of serious bodily injury; or
6. Influence the conduct or activities of a branch or agency of the federal government, the state, or a political subdivision of the state.

Depending on the facts and circumstances, making a threat against a school or a student can certainly fall under this statute. The severity of the offense and punishment depends on the specific intent and target of the threat, ranging from a Class B misdemeanor to a third-degree felony. Read more about terroristic threats here and please take a minute to watch this video by Board Certified Juvenile Lawyer Lisa Herrick who explains when online bullying or banter can cross the line into making a terroristic threat.

Making a False Alarm or Threat

According to 42.06 of the Texas Penal Code, making a false alarm or threat  is committed if a person knowingly initiates, communicates or circulates a report of a present, past or future bombing, fire, offense or other emergency that he or she knows is false or baseless and that would ordinarily:

1. cause action by an official or volunteer agency organized to deal with emergencies;
2. place a person in fear of imminent serious bodily injury; or
3. prevents or interrupts the occupation of a building, room, place of assembly, place to which the public has access, or aircraft, automobile or other mode of conveyance.

The severity of the punishment for making a false report or alarm depends on where the false alarm is reported to have occurred, not the location of the actor. If the false report involves a public or private institution of higher education or involves a public primary or secondary school, the offense is a state jail felony, punishable by six months to two years in a state jail facility and up to a $10,000 fine. If the alarm or false report involves any other location, it is a Class A misdemeanor, punishable by up to one year in jail and up to a $4,000 fine.

For example, pulling a fire alarm in a high school to get out of a test or calling in a false bomb threat at a university would be a state jail felony. Learn more about making a false alarm or threat.

Hoax Bombs

Under Texas Penal Code Section 46.08, a person commits an offense if they knowingly manufacture, sell, purchase, transport, or possesses a hoax bomb with intent to use the hoax bomb to:

1. make another believe that the hoax bomb is an explosive or incendiary device;  or
2. cause alarm or reaction of any type by an official of a public safety agency or volunteer agency organized to deal with emergencies.

This statute could apply if the threat to the school involves a fake bomb or even dropping a note saying there is a bomb in the school. Using a hoax bomb is a Class A misdemeanor, punishable by up to a year in jail and $4,000 in fines. Read more about hoax bombs in Texas.

Disruption Activities/Disruption of Classes

Texas Education Code Section 37.123 makes it an offense for a person, alone or in concert with others, to intentionally engage in disruptive activity on the campus or property of any private or public school. Disruptive activity includes:

1. Obstructing or restraining the passage of persons in an exit, entrance, or hallway without authorization from the school administration;
2. Seizing control of a building or portion of a building to interfere with an authorized activity;
3. Preventing or attempting to prevent by force, violence, or threat a lawful assembly authorized by the school administration;
4. Disrupting by force, violence, or threat a lawful assembly in progress;
5. Obstructing or restraining the passage of a person at an exit or entrance, or preventing their ingress or egress, without authorization;

This statute can apply if a threat leads to the evacuation or significant disruption of school activities. An offense under this section is a Class B misdemeanor. Repeat offenders may also become ineligible to attend state-funded higher education institutions

Juvenile Offenders: What Happens if Your Child is Taken Into Custody?

In Texas, offenses committed by an individual who is 10 years or older but under 17 are handled through the juvenile justice system. This process differs significantly from that for adults. Unlike adults, juveniles are not taken to a conventional jail to be processed. They are not “booked into jail.” Instead, they go through a procedure known as juvenile intake, which is specifically designed to handle minors with a focus on rehabilitation rather than punishment.

The Role of Juvenile Intake

Juvenile intake is a critical first step when a minor is taken into custody or accused of a crime. This process is triggered when authorities, be it school officials, citizens, or parents, report a juvenile’s alleged illegal activities. Law enforcement officers may respond by taking the child into custody for a formal intake or issuing a warning notice requiring the juvenile and their parents to attend a scheduled intake session.

Procedures Upon Custody

If a child is taken into custody, they are brought to a juvenile processing office — a designated area within a police station or similar facility, where they can be legally detained for up to six hours. This setting is not punitive like jail cells used for adults but is designed to safely secure the juvenile while processing them according to legal requirements. These include administrative tasks like completing essential forms, fingerprinting, and issuing required warnings.

Juvenile Intake Process in Tarrant County

During the juvenile intake process in Tarrant County, the case is initially handled by a juvenile intake probation officer. This officer reviews the offense report, conducts interviews with the juvenile and their parents, and assesses the situation. The goal is to determine the most appropriate next steps, which could range from referral for prosecution to supervised release with conditions.

During the intake process, the child will be fingerprinted and photographed. It is required by the Texas Department of Public Safety, regardless if you are a juvenile or an adult. In Tarrant County, the child will be taken to a specific fingerprint and photograph office at the detention center, where the photos and fingerprints will be taken.

Juvenile Intake Interview

The intake interview is pivotal. It aims not to interrogate but to gather comprehensive information about the juvenile’s background, which includes their family environment, educational situation, and any potential mental health or substance abuse issues. This data helps build a social history that will guide the court in deciding how to proceed with the case. The process is designed to be non-adversarial, emphasizing the best interest of the child and family.

Outcomes of the Juvenile Intake Process

After the juvenile intake process concludes, the probation officer determines the appropriate next steps based on the severity and specifics of the case. There are several potential outcomes including:

• Supervisory Caution: Here, the probation officer advises the juvenile on their behavior and may direct them to a social service agency or a community program designed for first offenders. Under this outcome, the case does not advance to the District Attorney’s Office, and no formal charges are placed.
• Deferred Prosecution Probation: This option allows the juvenile to enter into a probation agreement. If they successfully adhere to its conditions and complete the program, the charges are dismissed, and the case is closed. However, failure to comply or complete the program could lead to the case being escalated to the prosecutor for formal charging.
• Referral to District Attorney for Prosecution: In more severe instances, such as felonies or crimes involving assault or weapons, the probation officer must send the case to the District Attorney’s Office for further review and potential prosecution.

The Importance of Legal Representation and Expertise

Throughout this process, it is crucial for a juvenile to have skilled and specialized legal representation. Lisa Herrick, a board-certified juvenile law expert, is vital to the Varghese Summersett team. Her expertise is especially important during the juvenile intake process, ensuring the juvenile’s rights are protected. If your child has been accused of making a school threat, having Lisa by their side can make a significant difference in the outcome of the case.

If you are an adult in the eyes of the law – age 17 or older – and have been accused of making school threats, you will be handled as an adult in the criminal justice system. At Varghese Summersett, we have the top attorneys in Texas on our roster who will fight for the best possible outcome in your case. Our goal is to resolve the case in a manner that will keep your record clean and not negatively impact your future. Call 817-203-2220 to speak to an experienced attorney today.

When someone has been injured in an accident and receives a personal injury settlement, the money is intended to cover medical expenses, lost wages, pain and suffering, and other losses. But what if the victim is paying child support? Can personal injury settlements affect child support in Texas?

The short answer is yes. However, the specifics of how and to what extent depend on various factors, including whether you are behind on your child support payments. In this article, our experienced attorneys explain how personal injury settlements affect child support in Texas and what you should do if you need assistance with a child support lien or modification due to a personal injury settlement.

How Personal Injury Settlements Affect Child Support

If you receive a personal injury settlement and you owe back child support, you can expect your child support obligation to be paid out of your settlement before you receive any money. This is because Texas law gives a priority lien to unpaid child support. This means that the state has first rights to any funds owed for past-due child support.

But what if you are not behind on your child support payments? The fact that you received a personal injury settlement does not automatically mean your child support payments will increase. A modification to your existing child support agreement must be requested (usually by the other parent) and approved by the court. If a modification is not sought and you don’t owe back child support, your child support payments will remain the same.

Let’s examine both scenarios—garnishment with child support liens and modification due to increased income—in more detail.

Child Support Liens On Personal Injury Settlements

It is not uncommon for people who are injured in an accident to struggle financially. This can lead to difficulties in meeting their child support obligations. When a parent who owes back child support receives a personal injury settlement, part of the settlement can be garnished or seized to cover the overdue payments.

In Texas, under Section 157.317 of the Texas Family Code, the state can place a lien on the settlement proceeds from personal injury claims. This means that before the parent receives any money from the settlement, the owed child support may be subtracted from the total amount. Here’s how child support clients work on personal injury settlements.

1. Identification of Liabilities: Once a personal injury settlement is awarded, the court or the child support enforcement agency identifies any existing child support arrearages (past-due payments) associated with the recipient of the settlement.
2. Placement of a Lien: The state places a lien on the settlement proceeds. This legal claim on the funds ensures that before any disbursement is made to the injured party, the amount owed in back child support is first subtracted from the total settlement.
3. Garnishment of Funds: The mechanism of garnishing the settlement involves legally redirecting part of the settlement to satisfy the debt of back child support. The entity managing the settlement, such as an insurance company or a law firm handling the personal injury claim, is typically instructed to withhold the owed amount and directly transfer it to the child support enforcement agency.
4. Disbursement of Remaining Funds: After the child support lien is satisfied, any remaining funds from the settlement are released to the recipient. This ensures that the parent meets their child support obligations without further delay, potentially alleviating some financial challenges they face post-accident.

Applying a child support lien on a personal injury settlement carries both legal and financial implications. Legally, it enforces that parental responsibilities cannot be evaded, even amidst personal financial gain or recovery from injury. Financially, it prioritizes the welfare of the child over the financial gain of the parent, ensuring that the child support payments are made promptly, thereby reducing the potential financial hardship experienced by the custodial parent and the child.

Modification of Child Support After a Personal Injury Settlement

In cases where a parent receives a substantial personal injury settlement, there may be a presumption that their financial circumstances have improved, potentially leading to an increase in child support payments. However, this is not automatic. For child support payments to be adjusted, the following steps typically occur:

1. Request for Modification: The custodial parent or their lawyer must formally request a modification of the child support order. This request is usually submitted to the court that issued the original child support order.
2. Court Evaluation: The court will then evaluate the request, considering the parent’s new financial status, including any significant income from the settlement. The court must determine whether there has been a material and substantial change in the circumstances of the child or the non-custodial parent that warrants a revision of the child support payments.
3. Decision on Modification: If the court finds that the non-custodial parent’s financial situation has significantly improved, it may increase the child support payments. However, if the settlement is deemed non-recurring or designated for specific expenses related to the injury (like medical bills or disability-related costs), the court might decide not to adjust the child support payments.

It’s important for parents to understand that receiving a personal injury settlement does not automatically change child support obligations. Legal processes and considerations are involved to ensure that any adjustments are fair and reflect the current needs and resources of all parties involved. This approach helps maintain stability for the children supported by these funds and acknowledges the complex nature of personal and financial recovery following an injury.

Are Personal Injury Settlements Considered Income?

In Texas, personal injury settlements are generally not considered income for the purpose of calculating child support. Child support calculations typically focus on what is considered “net resources,” which include wages, salary, commissions, tips, overtime, and bonuses, among other types of income.

However, the portion of a personal injury settlement that represents lost wages might be considered part of the obligor’s net resources for calculating child support, since lost wages replace regular income that would have been counted towards child support obligations. The parts of the settlement intended for pain and suffering, medical bills, and attorney fees are not usually included as income for these calculations.

It’s important to consult with a legal professional or a family law expert to understand how these specifics might apply in a particular case, as individual circumstances can vary.

How Do Insurance Companies Discover Child Support Liens and Attach them to Injury Settlements?

In Texas, when an individual has a child support lien due to unpaid child support, insurance companies typically discover these liens through several mechanisms before disbursing funds from a personal injury settlement:

1. State Lien Registry: Texas maintains a child support lien docket, which is a public record of all child support liens. Insurance companies can access this docket to verify if there are any outstanding child support liens against an individual before settling a claim.
2. Notification from the Attorney General’s Office: The Texas Attorney General’s Office, which oversees child support enforcement, often notifies relevant parties, including insurance companies, of any existing child support liens. This ensures that the insurance company is aware of the lien before they issue payment.
3. Legal Requirement for Disclosure: Individuals involved in a personal injury lawsuit or settlement may be legally required to disclose any child support obligations during the legal process. Failure to do so can result in legal penalties.
4. Due Diligence by the Insurance Company: Insurance companies typically perform a due diligence process before disbursing settlement funds. This process includes checking for any liens or other legal encumbrances that may affect the settlement amount.

Once a child support lien is discovered, the insurance company is legally obligated to satisfy the lien from the settlement proceeds before disbursing the remainder to the claimant. This ensures that back child support is paid in accordance with state laws, helping to enforce child support obligations and protect the interests of children.

Does My Attorney Have to Pay My Child Support Lien First?

In Texas, if you have a child support lien and are receiving a personal injury settlement, your personal injury attorney is legally required to ensure that any existing child support liens are paid from the settlement funds before you receive any money. This obligation arises because Texas law clearly prioritizes satisfying child support debts.

Here’s how it generally works:

1. Notification and Verification: Once your attorney is informed of or discovers a child support lien—either through notification by the Texas Attorney General’s Office or through their own due diligence—they are required to verify the amount of the lien and ensure that it is valid.
2. Withholding and Payment: If there is a verified child support lien, your attorney must withhold the amount of the lien from your settlement proceeds. The attorney then pays that amount directly to the state child support enforcement agency or through the court, as directed.
3. Release of Funds: Only after the child support lien is satisfied can your attorney disburse the remaining settlement funds to you.

The process is designed to ensure that legal obligations for child support are met before the settlement recipient receives their portion. This legal requirement helps protect the financial interests of the children involved and ensures that child support laws are enforced. Failure by an attorney to comply with these requirements can lead to serious legal consequences, including potential disciplinary action.

Can a Child Support Lien Be Negotiated?

In Texas, while the amount of child support owed as per court orders is generally non-negotiable, certain aspects related to the enforcement of child support liens might be subject to negotiation. However, these negotiations usually don’t involve reducing the amount of child support owed. Still, they may involve the repayment terms or how a child support lien is applied to a specific settlement.

Here are a few scenarios where negotiation might be possible:

1. Payment Plan Arrangements: If the lien amount is substantial, it might be possible to negotiate a payment plan with the state’s child support enforcement agency. This would allow the responsible parent to satisfy the lien over a period of time rather than through a single lump sum from a personal injury settlement.
2. Release or Adjustment of the Lien: In some cases, if the settlement funds are needed immediately for critical expenses (such as medical bills related to the injury), it may be possible to negotiate the terms under which the lien is applied. This could involve requesting the child support enforcement agency to temporarily lift or adjust the lien to allow for the payment of urgent expenses.
3. Legal Disputes Over the Lien: Legal proceedings might be necessary if there is a dispute regarding the validity or the amount of the lien. In such cases, negotiation can occur in the context of a broader legal challenge to the lien itself.
4. Settlement Allocation: Sometimes, negotiation with the opposing party in the personal injury case about how the settlement is categorized can influence the impact of a child support lien. If portions of the settlement are allocated to non-wage compensatory damages like pain and suffering, these might not be subject to a lien, depending on the specifics of Texas law and the nature of the lien.

To navigate these negotiations, working with a knowledgeable attorney who understands family law and personal injury law in Texas is crucial. They can help you understand your options and represent your interests effectively in negotiations or court proceedings, if necessary.

Legal Implications for Failing to Back Pay Child Support After a PI Settlement

Failing to account for child support in a personal injury settlement in Texas can have significant legal implications, primarily because it can lead to a violation of state laws regarding child support obligations. Here’s what might happen:

1. Legal Enforcement Actions: If the child support lien is not satisfied from the settlement proceeds, the Texas Attorney General’s Office, which enforces child support orders, can initiate legal actions to recover the owed amounts. This could include garnishing wages, seizing bank accounts, or taking other collection actions against the individual.
2. Interest and Penalties: Unpaid child support accrues interest in Texas, and failing to pay can lead to additional financial penalties. These costs can add up over time, increasing the overall debt beyond the original child support arrears.
3. Contempt of Court: Not adhering to a court order, including payment of child support, can be considered contempt of court. This can result in various penalties, including fines or even jail time, depending on the severity and duration of the non-compliance.
4. Impact on Settlement Distribution: If a personal injury attorney improperly distributes settlement funds without accounting for a child support lien, they could face legal and professional consequences. This might include disciplinary actions from the bar association, lawsuits for malpractice, or other legal claims from the affected parties.
5. Loss of Licenses: In Texas, failure to pay child support can lead to the suspension of various state-issued licenses, including driver’s licenses and professional licenses, which can impact one’s ability to work and earn income.

To avoid these implications, individuals receiving a personal injury settlement must disclose any existing child support liens and ensure they are addressed in the distribution of the settlement funds. It’s also advisable to work with an attorney familiar with both personal injury and family law in Texas to ensure compliance and avoid potential legal issues.

Speak to Experienced Attorney Today.

At Varghese Summersett, we have both a family law division and a personal injury division – each with their own dedicated team of attorneys. Because you may need both – a personal injury lawyer and a family lawyer – we are uniquely situated to handle any issue that arises from personal injury settlement proceeds and child support.

If you need assistance with a child support lien or modification due to a personal injury settlement, our experienced attorneys are here to help. Contact us today at 817-203-2220 for a consultation and learn more about how personal injury settlements affect child support in Texas.

Illegal Internet Search Attorney

When Is An Internet Search Illegal in Texas?

Google averaged 8.5 billion searches a day in 2022. That’s nearly 100,000 Internet searches every second. Anyone with a smartphone – just about everyone these days – has the information superhighway at their fingertips and access to almost anything. We search everything from directions to a restaurant to movie showtimes to the latest news on our favorite team. Some Internet searches, however, are illegal and could land you in trouble with law enforcement. In some cases, just searching certain topics could result in an arrest and legal issues.

If you are being investigated for an Internet computer crime, contact an experienced illegal internet search attorney as soon as possible. The team at Varghese Summersett includes Board Certified criminal defense attorneys with unmatched success for over three decades in North Texas.

What is illegal to search on the Internet in Texas?

Most of us know that possessing pornographic material involving juveniles under age 18 is against the law. And viewing child pornography online is against the law.

However, just searching for child porn on the Internet can be enough to result in a search warrant being executed at your home, or even an arrest. That’s right, just searching for underage pornography without viewing it can be enough for law enforcement to arrest you. It doesn’t matter if you didn’t download illegal material. An active search for child porn could indicate your intent to view or possess child porn to law enforcement officials. Police can use your search history to establish intent or conspiracy to commit a worse offense like possession of child pornography.

A Specific Example of Nationwide Arrests Without Proof of Downloading Illicit Materials

The Playpen investigation involved a child pornography trafficking site that was accessible through Tor, a network designed to anonymize internet usage. During the investigation, the FBO took control of the server and deployed a network investigative technique (NIT) to identify users who accessed the site instead of shutting it down. This technique allowed them to collect the IP addresses and the MAC addresses, host names, and operating systems of the machines that accessed the server.

The use of NIT was significant because it did not require the suspects to download any material to be identified. Accessing the server through Tor was enough for the FBI to capture the necessary information to trace the users. Individuals who merely accessed the site could be identified and were subsequently arrested without the need for them to have downloaded any illegal content. The legal argument was that by accessing the server, users demonstrated intent to engage with the prohibited material, which was enough for law enforcement to make nationwide arrests.

The topics you search and view online, including illegal material, are usually stored in your Internet browser cache. Legally, that can be categorized as possessing child pornography. The laws against child porn at the Federal and Texas levels are severe and can result in lengthy prison terms. Hiring a well-respected illegal internet search attorney is indispensable for a favorable outcome.

What is the Texas law on possessing or promoting child porn?

Texas Penal Code Sec. 43.26 addresses the possession or promotion of child pornography.

According to Texas law, an offense is committed if:

“the person knowingly or intentionally possesses or knowingly or intentionally accesses with intent to view, visual material that visually depicts a child under age 18 at the time the image was made who is engaging in sexual conduct.
AND
“the person knows that the material depicts the child as described” above.

What if I accidentally viewed child pornography?

Technically, inadvertently viewing illegal pornographic images or videos online is not a crime, but you could be forced to prove it was accidental if investigated by law enforcement.

Of course, child pornography, or at least material that could be construed as child porn, is sometimes viewed accidentally by Internet users searching for what otherwise is considered legal pornography involving adults. Under these circumstances, a person being investigated for a computer sex crime would be forced to explain how the viewing was accidental. This can be challenging to show and embarrassing and requires an illegal internet search attorney well-versed in cybercrime cases.

What if I’m accused of viewing child porn online?

If someone accuses you of viewing child pornography online, consult with a criminal defense attorney immediately.

Even if viewing the material was unintentional, having a lawyer guide you through an investigation is integral. Your future and freedom are too important. A child porn-related conviction could result in years in prison, hefty fines, and other collateral consequences.

If law enforcement officials open an investigation, they will likely confiscate your computers, smartphone, and other electronic devices. Investigators will examine your search history, stored files, and all of your online activities.

Take note: If you didn’t search for the alleged illegal material that instigated the investigation, any previous suspicious search history could be used against you. That’s another reason why seeking counsel from a top illegal internet search attorney is so important.

What about other illegal searches and material online?

Searches related to terrorism or acts of public violence often draw the attention of law enforcement and initiate an investigation and possible arrest.

It doesn’t matter if the person ever acted on the search material. If officials believe the person intends to carry out an act of terrorism or another illegal act, it could result in criminal charges. Certain internet searches could alarm law enforcement that illegal activity could be pending and start investigating.

Search topics such as illegally modifying weapons or creating explosives could be enough to put you in the crosshairs of law enforcement.

If you suspect you’re being investigated by law enforcement for your online activity, consult with an illegal internet search attorney. Don’t wait to be arrested. Contact Varghese Summersett.

What actions online are illegal in Texas?

The Texas Penal Code includes specific internet crimes, including the following:

• Hiring a person for illicit or criminal purposes
• Solicitation of a minor
• Catfishing
• Phishing
• Torrent downloading copyrighted material
• Online harassment
• Impersonation
• Breaching computer security
• Unlawful decryption

What Internet material breaks Federal law?

States have different definitions of what constitutes illegal online content.

Federal law, however, spells it out for the entire country. Some Internet searches violate both federal and state laws.

Federal law prohibits searching the internet for the following:

• Video and images of child sexual abuse or exploitation
• Promoting terrorism or advocating terrorist acts
• Promoting, inciting, or instructing crime or violence
• Video and images of real violence, cruelty, and criminal activity

Internet crimes are defined in federal statutes, including the following:

• The Electronic Communications Privacy Act of 1986
• The Communications Decency Act of 1996
• The Child Pornography Prevention Act of 1996
• The No Electronic Theft Act of 1997
• The Identity Theft and Assumption Deterrence Act of 1998

Whether you’re facing state or federal charges, a conviction could bring severe consequences. Promptly consult with an illegal internet search attorney.

Is visiting a website that hosts child porn illegal?

Even if you didn’t intend to go to the site or did not know what it contained, it could still be grounds for a crime. Possession of child pornography does not have an intent element. Law enforcement can use your unique Internet Protocol address (typically referred to as your IP address) to trace your search and download behavior. If police find what they believe to be illegal internet activity, you could be arrested. If you are being accused of such, a dedicated illegal internet search attorney will offer a strategy to protect your freedom and your reputation.

What are the penalties for internet crimes in Texas?

Texas law prohibits producing, distributing, or possessing media depicting a person under age 18 engaging in sexual conduct.

What is considered sexual conduct? Texas law defines it as actual or simulated intercourse, masturbation, deviate sexual intercourse, sexual bestiality, lewd exhibition of the genitals, anus, or female breast, and sadomasochistic abuse.

Viewing or possessing child pornography is a third-degree felony in Texas. A conviction is punishable by two to 10 years in prison and a maximum $10,000 fine. Your freedom is at stake. You need a tough illegal internet search attorney fighting for your rights.

If you have a prior child porn conviction, it’s a second-degree felony, punishable by a maximum of 20 years in prison and a $10,000 fine.
Any subsequent conviction for child porn could result in a maximum sentence of 99 years.
The penalties for online sex crimes depend on the specific type of crime, the nature of the victim, and whether the defendant has a criminal history.

The penalties for Texas’ most common online sex crime charges include the following:

Class B misdemeanor: Maximum 180 days in jail, $2,000 fine
Class A misdemeanor: Maximum one year in jail, $4,000 fine
Third-degree felony: Two to 10 years in prison, $10,000 fine
Second-degree felony: Two to 20 years in prison, $10,000 fine
First-degree felony: Five years to life in prison, $10,000 fine

What are defense strategies against computer crime charges in Texas?

An experienced illegal internet search attorney will use every possible defense strategy at their disposal to defend their client. In the case of computer or online crimes, the defense could include the following:

Unaware: Some online computer crimes require that the defendant knew and intended to do what they did to be charged and convicted.

Identity theft: The defendant’s online identity or computer was hacked with a virus. According to antivirus software company McAfee, the online identity of 15 million Americans was stolen in 2021.

Coercion: The defendant was forced to commit a computer crime under threat of harm to themselves or a family member.

Have you been charged with computer crime? Call us.

Prosecutors often seek the maximum penalty for internet sex crimes, especially ones involving child pornography. Just being implicated in such a crime can ruin a person’s reputation and destroy lives. That’s why contacting an illegal internet search attorney at Varghese Summersett is vital.

Police need a warrant before searching your home or property. Make them get one, and don’t answer any questions without a lawyer. Contact one of our sex crimes defense lawyers. Cybercrime cases can be complicated and require experienced criminal defense attorneys with a strong understanding of the internet and computing. Our team has unmatched success in North Texas, defending clients in such cases. For a complimentary consultation with one of our attorneys, call us at 817-203-2220.

Can you “quit” a jury?

The media is reporting that a “juror quit over the fear of being outed” in the historic Trump Hush Money Trial. Is it possible for a juror to quit?

First, it’s important to understand that a jury has not been empaneled in former President Trump’s case. They are still in jury selection. In regards to the juror who reportedly “quit,” this is a critically important factor.

Can a juror quit?

In the United States, once a juror is officially empaneled and sworn in for a trial, they cannot simply “quit” or voluntarily leave their duty without facing potential legal consequences. Jurors are expected to fulfill their civic duty unless the court excuses them for valid reasons.

Can a potential juror quit?

During the jury selection process, known as voir dire, potential jurors can be dismissed for various reasons, including personal hardships, biases, or conflicts of interest that might affect their ability to serve impartially. So, if the potential juror came forward and said they could not be fair or would consider something outside the evidence presented in the courtroom, they could be excused for cause. If the judge did not dismiss the potential juror for cause at that point, either side could use a peremptory challenge. So in essence, by speaking up and expressing a bias or outside influence that they could not set aside, a juror can effectively ensure they will not be on the jury.

Challenges for Cause vs. Peremptory Challenges

The difference between a challenge for cause and a peremptory challenge lies primarily in the reasons and justifications required for each during the jury selection process.

Challenge for Cause

A challenge for cause requires a specific, legally valid reason to disqualify a potential juror. This type of challenge is used when there is evidence that a juror may not be able to perform their duties impartially. Common reasons for a challenge for cause include:

• Conflicts of interest, such as a relationship with someone involved in the trial
• Pre-existing knowledge or strong opinions about the case that could prevent objective judgment
• Inability to communicate effectively or understand the proceedings due to language barriers or disabilities
• Demonstrable bias or prejudice against one of the parties involved in the trial
• Judges must approve challenges for cause, and there is no limit to the number of these challenges a party can make, provided they can substantiate each one

Peremptory Challenge

Peremptory challenges, on the other hand, allow attorneys to exclude potential jurors without providing a specific reason or justification. However, these challenges are limited in number and cannot be used to discriminate based on race, ethnicity, or sex, as established by the Batson v. Kentucky decision. Peremptory challenges primarily aim to help attorneys shape the jury composition based on their instincts or strategic considerations about how jurors might react to the case.

How many jurors will serve in Trump’s hush money trial?

In Donald Trump’s hush money trial, the plan is to have 12 jurors and 6 alternates, so a total of 18 jurors will be selected. This is a high number of alternates and the setup is intended to ensure that there are sufficient jurors to continue the trial without interruption, even if some jurors must be excused during the proceedings.

What are alternate jurors, and what will they do in Trump’s trial?

Six alternate jurors are selected in the Donald Trump hush money trial. Alternate jurors are crucial in ensuring that the trial can proceed without interruption due to losing any of the main jurors. They listen to the evidence and are prepared to step in and replace any main juror who cannot continue due to illness, personal emergencies, or being disqualified during the trial. If an alternate juror replaces a main juror after deliberations have begun, the entire jury must start their deliberations over. This ensures that all jurors participating in the final deliberations have been present for all deliberative discussions.

What happens if a juror “quits” or just stops showing up?

Once a jury is empaneled, if a juror does not show up or “quits,” the court has several mechanisms to address the situation, ensuring the trial can proceed without undue disruption.

Legal Consequences for the Juror

If a juror fails to show up without a valid reason or attempts to quit mid-trial without being formally excused by the judge, they could potentially face legal penalties, including fines or other sanctions, depending on the jurisdiction’s laws regarding jury duty. It could be considered juror misconduct and would likely result in contempt of court.

Replacement with an Alternate Juror

If a juror is unable to continue serving due to illness, personal emergency, or other valid reasons, and the trial has not yet reached the deliberation stage, an alternate juror can be called upon to replace the original juror. This ensures that the jury remains at its full complement for the duration of the trial

Continuing with a Smaller Jury

In some jurisdictions, the trial can proceed with a smaller jury if jurors are reduced after the trial has begun and both parties agree to it. This is less common and typically requires the consent of both the defense and the prosecution.

Mistrial

If a juror leaves during deliberations and an alternate is unavailable or the departure significantly impacts the trial’s fairness, the judge may declare a mistrial. This would result in the trial being restarted with a new jury.

The primary reason a judge would seat so many alternate jurors in this case is to avoid the possibility of having to declare a mistrial or having to continue with a smaller jury.

The specific course of action depends on the timing of the juror’s departure, the availability of alternates, and the legal standards in the particular jurisdiction. The judge plays a crucial role in deciding how to proceed in such situations to maintain the integrity of the trial process.