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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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.

The penalties for violent crimes are severe

Any allegation, arrest or especially a conviction for a violent crime, whether in the Dallas, Texas, area, or anywhere across the United States, comes with potential life-altering repercussions that must be taken serious and addressed immediately. It is never a situation to be taken lightly.

Protecting your name, career, family and reputation is of the utmost importance, and having the right criminal defense approach can be the difference between a successful or failed trial and, in some cases, even life and death.

Understanding the severity of an identity theft allegation

Millions of Americans fall victim to identity theft every year, amounting to millions and millions of dollars of lost personal data, finances stolen, and a loss of peace of mind for the victim.

Identity theft comes in many forms including, but not limited to, the intention to obtain personal information such as a victim's name, address, date of birth, social security number, as well as other information including credit card and banking account numbers, private telephone numbers, and biometric information such as a person's fingerprints or iris scans. The collection of any of this information with the intention of using it fraudulently for financial gain is grounds for identity theft.

Beating outside mosque is being viewed as a possible hate crime

A Muslim worshipper was knocked down and beaten recently as he left a mosque in Richardson, Texas, leaving people to wonder whether the attack could be a hate crime. Once down, the victim was kicked and struck until fellow worshippers came to his aid. The two assailants then escaped. The victim only received minor scrapes and cuts, refused to visit a hospital for further treatment and was released at the scene.

Very little detail was made available, as the attack occurred quickly and witnesses only provided a "minimal description" of the attackers. Police are expected to look at surveillance footage from a camera, in hopes of getting a better description of the attackers. No words were exchanged during the beating, and nothing was stolen during the attack, leaving authorities without a motive or reason for the attack.

As Baltimore descends into chaos, violent crimes occur

Following the funeral of Freddie Gray, a man who died after suffering spinal cord injuries while in police custody following an arrest, the city of Baltimore has descended into chaos, as recent protests have turned violent. Protesters clashed with police, looting many local businesses, and set fire to other businesses as well as police cars. Other rioters reportedly threw rocks and bottles at fire trucks en route to the scene.

After baseball fans at Camden Yards were forced to stay in the stadium after a game until nearby riots were controlled, the Baltimore Orioles and Major League Baseball decided to postpone their second straight game on Tuesday night.