J. Michael Price II
J. Michael Price II - Criminal Defense
Aggressive, experienced and trusted Criminal Defense Attorney
  • Criminal Law Specialist certified by the Texas Board of Legal Specialization
  • Board Certified Criminal Trial Lawyer by the National Board of Legal Specialty Certification
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Child Abandonment charges filed for father who left child in car

As we continue through the summer months, it is important to keep in mind the dangers of leaving a child, or even a pet in a car for any length of time. It is not uncommon for the temperature inside of a car to quickly reach a deadly level. Because of this, it is important to be aware of this serious danger and the consequences it could carry.

Recently, police from Dallas, arrested a 40-year-old father, charging him with child abandonment after he supposedly eft his 2-year-old daughter in the car following a day at the park. This purported action ultimately led to the death of the young girl.

Understanding the risks associated with child pornography

The innocence and vulnerability of a child often cannot be understated. Yet child pornography cases regularly occur throughout the United States and throughout the world each year. With today's technology advancements and the rise and ease of data transfer and sharing online, there is an inevitable rise in online child pornography cases as well.

According to Texas state law, child pornography is the exploitation or promotion of minors, which is children under 18 years of age, for employment, performance or conduct of sexual acts. Sexual conduct includes sexual contact, simulated or actual sexual intercourse, masturbation or lewd exploitation of the genitals or female breasts.

Boating under the influence may lead to serious penalties, jail

The summer months encourages many recreational enthusiasts to take to the water. Whether it's fishing, jet skiing, water skiing or just taking the boat out for a spin, it's important to keep in mind that boating under the influence, like driving under the influence, is illegal. Moreover, it could lead to serious penalties and prison time if convicted.

If you get behind the wheel of a motor-operated machine, it's important to be sober and capable of handling the machine safely, for your own safety and the safety of your passengers, as well pedestrians or anyone else who may be affected by your actions. This is applicable both to motor vehicles on the road as well as boats on the water. According to the U.S. Guard, fatalities due to boating accidents increase by 34 percent due to boating while under the influence.

Golf pro faces alleged ties to sports gambling laundering ring

Being accused of a crime is difficult for any Texas resident. A criminal charge could result in serious consequences. Moreover, it could damage the personal and reputation of the accused. Because of this, it is important that defendants take necessary steps to protect his or her legal right and interests.

Despite recently taking over the title of the highest paid golfer in the world from Tiger Woods, professional golfer Phil Mickelson may have just found himself caught in the rough with recent criminal allegations. According to recent reports, he allegedly transferred roughly $3 million dollars to an intermediary gambling client who recently pleaded guilty to money laundering.

Understanding your options after a drug possession arrest

If you've been arrested for drug possession, it is crucial that you understand your rights and understand what you can do to defend yourself. The Texas Controlled Substances Act states that prosecutors must "prove beyond a reasonable doubt that the defendant knowingly possessed or had control over a controlled drug." Regarding prescription drugs, a defendant must not have a valid prescription or order from his or her doctor for the drugs for medical purposes.

If you can prove that you did not knowingly possess the controlled substance, that may be grounds for a not-guilty verdict. Examples of this type of situation include someone planting drugs at your home or vehicle, or when a friend or acquaintance leaves the drugs at your home without your knowledge. Another defense is when the drug is a substance not intended for human consumption, or a drug under approval for application and approved for investigation from the federal Food, Drug and Cosmetic Act.

What is embezzlement?

Embezzlement is defined as a theft or larceny of assets by a person in a position of trust or responsibility over those assets. If an employee is given the responsibility of monitoring or managing funds and misappropriates or uses the funds for personal gain, they may be found guilty of embezzlement.

Embezzlement is not necessarily limited to money. It may also include property, such as company vehicles or computers, which are stolen or used outside of a company's rules or guidelines. Other examples may include not simply transferring a large sum of money at once, but may include small exchanges of finances over a long period of time, fraudulent billings, the falsification of records or "Ponzi" type schemes.

Woman in viral Wal-Mart fight faces felony charge

With today's technology in America, if you engage in unlawful activity in public there is a good chance your actions may be filmed by someone carrying a smartphone. Every week it seems like another video comes out showing police abuse, rioting or some form of violence.

Our Texas readers may have seen a recent viral video involving two women brawling in the aisles of a Wal-Mart. What many viewers found most disturbing about the video was the involvement of one of the brawler's 6-year-old child. In the video, the child is seen actively involved in the fight, attempting to smack a lady with what appears to be a shampoo bottle, and kicking the woman while her mother wrestles with her in the Wal-Mart aisles. In addition, the mother can be heard encouraging her son to punch the other person in the face. Those words may come back to haunt this mother, who is being charged with felony child neglect.

What are the grounds for an arrest?

In previous blog posts we have talked about the Miranda Rights and an individual's rights following an arrest. We will now take a couple of steps back and talk about the conditions that could lead to an arrest. On what grounds can a police officer arrest a person?

  • If a police officer personally witnesses a crime - this could include a theft, violent crime or failed breathalyzer test given to an intoxicated driver;
  • If a police officer has probable cause - this is when a police officer has circumstances or facts that lead him or her to believe a person is guilty of the crime;
  • If a police officer has a warrant issued against a suspect.

An event in McKinney, Texas, last week came to the national spotlight when amateur video showed an unarmed 15-year-old girl thrown to the ground by a police officer. The officer also drew his gun on a group of unarmed teens. This event comes following multiple separate issues over the last few months of police officers violently across the country. The Executive Director of the International Law Enforcement Educators and Trainers Association stated that drawing the gun was likely not the correct approach. It has not been determined whether a lawsuit will be filed against the officer, who is now on administrative leave.

Understanding your rights following an arrest

In a previous post here we discussed the Miranda Rights and how they apply to a suspect who is under arrest. This week we will continue our discussion and talk about your rights following an arrest and detention.

On May 17th in Waco, Texas, over 170 bikers were arrested outside a restaurant following a shootout that left 9 people dead and 18 injured. One individual is now suing the arresting officer, the City of Waco and McLennan County, stating that his arrest and detention following the melee were unconstitutional.

Understanding your Miranda Rights

Any of our readers who have watched police dramas on television have likely heard the saying, "You have the right to remain silent." But does the saying mean anything? Absolutely. And if you ever find yourself in a situation where you are taken into police custody, you should hear it again. It's part of what is called the "Miranda Rights," and it is important to understand what it means.

In the 1960's, the United States Supreme Court made a ruling regarding the Miranda vs. Arizona case, which inevitably allowed a person taken into police custody to maintain their Fifth Amendment rights - the right to remain silent while under police questioning. The Miranda Rights also make certain that anyone accused of a crime receives representation, either through an attorney the arrestee hires or a court-appointed attorney.