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  <title><![CDATA[Edinburg Criminal Defense Blog]]></title>
  <link rel="alternate" type="text/html" href="https://www.osvaldomoraleslaw.com/blog/" />
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  <id>tag:www.osvaldomoraleslaw.com,2013-03-21:/blog/84334</id>
  <updated>2019-10-11T12:08:07Z</updated>
  <subtitle><![CDATA[This Edinburg, Texas blog by Law Office of Osvaldo J. Morales III P.C. discusses legal issues related to Criminal Defense. We hope you'll provide your feedback.]]></subtitle>
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<entry>
  <title><![CDATA[How is illegal re-entry into the United States penalized?]]></title>
  <link rel="alternate" type="text/html" href="https://www.osvaldomoraleslaw.com/blog/2019/10/how-is-illegal-re-entry-into-the-united-states-penalized.shtml" />
  <id>tag:www.osvaldomoraleslaw.com,2019:/blog//84334.3846397</id>
  <published>2019-10-11T12:09:07Z</published>
  <updated>2019-10-11T12:08:07Z</updated>
  <summary><![CDATA[It's a felony for an individual who has previously been removed from the United States to try and re-enter the United States. It's possible for someone who has previously been deported to be permitted to return to this country...]]></summary>
  <author>
    <name><![CDATA[On behalf of Law Office of Osvaldo J. Morales III P.C.]]></name>
    
  </author>
  
    <category term="illegal re-entry" scheme="http://www.sixapart.com/ns/types#category" />
  
  <category term="illegalreentry" label="Illegal Re-Entry" scheme="http://www.sixapart.com/ns/types#tag" />
  <content type="html" xml:lang="en-us" xml:base="https://www.osvaldomoraleslaw.com/blog/">
    <![CDATA[<p>It's a felony for an individual who has previously been removed from the United States to try and re-enter the United States. It's possible for someone who has previously been deported to be permitted to return to this country though.</p> <p>The presiding U.S. criminal statute that defines the word alien is the Immigration and Nationality Act. It spells out how a person who attempts to re-enter the country or who is found here after having been removed may be charged with illegal re-entry. The alien must have been previously been deported, excluded from, have departed or been denied entry to the U.S. to be able to be accused of illegal re-entry.</p>]]>
    <![CDATA[<p><a href="https://immigration.findlaw.com/deportation-removal/illegal-reentry-into-the-u-s-after-removal-crime-and-punishment.html" target="_blank">Individuals who are found guilty of illegal re-entry</a> may be incarcerated for up to two years or assessed a fine. Any alien who re-enters the country illegally and commits a crime may face enhanced punishment.</p> <p>An alien who is convicted of three or greater misdemeanors for crimes against others or drug-related offenses or a nonaggravated felony may be required to spend up to 10 years in prison. They may be ordered to pay fines as well.</p> <p>The maximum sentence that an individual may face for entering this country illegally is 20 years in prison. There are enhanced penalties associated with the illegal re-entry of a suspected terrorist or alien with certain criminal convictions on their record.</p> <p>If you've been accused of illegally entering the United States, then you're likely facing the possibility of having to spend several years in prison in addition to being removed from the country once again once your sentence has been completed. An attorney in Edinburg can <a href="https://www.osvaldomoraleslaw.com/Criminal-Defense/Illegal-Re-Entry-Trafficking.shtml">advise you of your rights in your Texas immigration case</a> to include alternatives to incarceration.</p>]]>
  </content>
</entry>

<entry>
  <title><![CDATA[Possession of marijuana carries harsh penalties]]></title>
  <link rel="alternate" type="text/html" href="https://www.osvaldomoraleslaw.com/blog/2019/10/possession-of-marijuana-carries-harsh-penalties.shtml" />
  <id>tag:www.osvaldomoraleslaw.com,2019:/blog//84334.3841568</id>
  <published>2019-10-10T16:41:33Z</published>
  <updated>2019-10-10T16:40:33Z</updated>
  <summary><![CDATA[Texas maintains strict laws when it comes to marijuana. The unauthorized possession of even the smallest amount of cannabis can have serious consequences.  ...]]></summary>
  <author>
    <name><![CDATA[On behalf of Law Office of Osvaldo J. Morales III P.C.]]></name>
    
  </author>
  
  
  <content type="html" xml:lang="en-us" xml:base="https://www.osvaldomoraleslaw.com/blog/">
    <![CDATA[<p>Texas maintains strict laws when it comes to marijuana. The unauthorized possession of even the smallest amount of cannabis can have serious consequences.</p> <p> </p>]]>
    <![CDATA[<p><strong>Incarceration and fines</strong></p> <p>While CBD oil for medicinal purposes is now legal <a href="https://www.mpp.org/states/texas/" target="_blank" >under specific circumstances</a>, possession of any other marijuana is heavily penalized. The strict consequences for possession of marijuana vary depending on the amount:</p> <ul> <li><strong>2 </strong><strong>ounces or less</strong> — Class B misdemeanor charges with a sentence up to 180 days of jail time and/or a maximum fine of $2,000.</li> <li><strong>2-4 ounces</strong> — Class A misdemeanor charges with a sentence up to one year of jail time and/or a maximum fine of $4,000.</li> <li><strong>4-5 ounces</strong> — State jail felony charges with a sentence between 180 days and two years of jail time and/or a maximum fine of $10,000.</li> <li><strong>5-50 pounds</strong> — Third degree felony charges with a sentence between two and 10 years of jail time and/or a maximum fine of $10,000.</li> <li><strong>50-2,000 pounds</strong> — Second degree felony charges with a sentence between two and 20 years of jail time and/or a maximum fine of $10,000.</li> <li><strong>More than 2,000 pounds</strong> — Life sentence in the Texas Department of Criminal Justice institution or five to 99 years of jail time and/or a maximum fine of $50,000.</li> </ul> <p><strong>Drug court</strong></p> <p>Since 2001, Texas established <a href="https://www.tdcj.texas.gov/documents/cjad/CJAD_Texas_Drug_Courts_Fact_Sheet.pdf" target="_blank" >drug courts</a> to rehabilitate offenders with drug-related charges rather than send then to prison. Attending drug court is an available option for non-violent offenders and people with a minimal history of offenses. A judge will assess an offender and determine whether they are eligible to attend.</p> <p>Drug court consists of treatment programs, weekly supervision and frequent drug testing to help rehabilitate offenders. If you attend drug court, you may also have to pay fines and carry out community service.</p> <p>Don’t let a possession charge stop you from giving up hope. Working with an experienced <a href="https://www.osvaldomoraleslaw.com/Criminal-Defense/" >criminal defense attorney</a> can help you understand the charges you are facing.</p>]]>
  </content>
</entry>

<entry>
  <title><![CDATA[Driver of vehicle transporting drugs leaves ID in it]]></title>
  <link rel="alternate" type="text/html" href="https://www.osvaldomoraleslaw.com/blog/2019/09/driver-of-vehicle-transporting-drugs-leaves-id-in-it.shtml" />
  <id>tag:www.osvaldomoraleslaw.com,2019:/blog//84334.3834073</id>
  <published>2019-09-25T00:23:33Z</published>
  <updated>2019-09-25T00:22:33Z</updated>
  <summary><![CDATA[Anyone who is accused of transporting drugs through Texas is has a major challenge ahead of them. When someone is found guilty of being a drug runner in the Lone Star state, they face very serious drug trafficking penalties....]]></summary>
  <author>
    <name><![CDATA[On behalf of Law Office of Osvaldo J. Morales III P.C.]]></name>
    
  </author>
  
    <category term="drug crimes" scheme="http://www.sixapart.com/ns/types#category" />
  
  <category term="drugcrimes" label="Drug Crimes" scheme="http://www.sixapart.com/ns/types#tag" />
  <content type="html" xml:lang="en-us" xml:base="https://www.osvaldomoraleslaw.com/blog/">
    <![CDATA[<p>Anyone who is accused of transporting drugs through Texas is has a major challenge ahead of them. When someone is found guilty of being a drug runner in the Lone Star state, <a href="http://www.osvaldomoraleslaw.com/Criminal-Defense/Drug-Crimes.shtml" >they face very serious drug trafficking penalties</a>. For that reason, those who are accused of transporting drugs through Texas need to build their case carefully with the best help they can get. Of course, <a href="http://www.chron.com/news/houston-texas/article/West-Texas-drug-runner-leaves-behind-1-100-pounds-14442964.php" target="_blank" >it helps if they don't leave their picture ID behind</a> like one person recently did.</p> <p>On a recent Saturday morning, a team comprised of Border Patrol agents and Sheriff's deputies recovered an enormous amount of marijuana from an abandoned SUV. They weighed it and realized that it weighed approximately 1,127 pounds. No snack foods were reported to be in the van, so it is presumed that those must have shipped separately.</p>]]>
    <![CDATA[<p>Agents and deputies did, however, find one thing in addition to the marijuana. That one thing was the wallet of the driver of the vehicle. While the marijuana will be disposed of in accordance with standard procedures, the agents and deputies offered to return the wallet and the picture ID that was in it to the driver. They said, in a post on social media, that all the driver had to do was come get it.</p> <p>The post on social media showed a definite sense of humor. It had hashtags like #yourIDishere, #buds, #lostandfound, #weedliketotalk, and #jointoperation. It also included affirmation that all of the authorities were very friendly and would enjoy a friendly conversation with the driver. So far, the driver has not availed themselves of the opportunity to go get their wallet and ID and has not filed a lost and found claim.</p> <p>If you are facing charges for a drug-related crime, an attorney experienced in criminal defense can help. Don't wait to reach out to learn more about your legal options.</p>]]>
  </content>
</entry>

<entry>
  <title><![CDATA[An aggressive defense is required for human trafficking cases]]></title>
  <link rel="alternate" type="text/html" href="https://www.osvaldomoraleslaw.com/blog/2019/09/an-aggressive-defense-is-required-for-human-trafficking-cases.shtml" />
  <id>tag:www.osvaldomoraleslaw.com,2019:/blog//84334.3831084</id>
  <published>2019-09-13T11:58:31Z</published>
  <updated>2019-09-13T11:57:31Z</updated>
  <summary><![CDATA[A report published by The Human Trafficking Institute over the summer captured how Texas is the leading state for human trafficking in this entire country. Their data shows that there were over 200 human trafficking cases that were filed...]]></summary>
  <author>
    <name><![CDATA[On behalf of Law Office of Osvaldo J. Morales III P.C.]]></name>
    
  </author>
  
    <category term="human trafficking" scheme="http://www.sixapart.com/ns/types#category" />
  
  <category term="humantrafficking" label="Human Trafficking" scheme="http://www.sixapart.com/ns/types#tag" />
  <content type="html" xml:lang="en-us" xml:base="https://www.osvaldomoraleslaw.com/blog/">
    <![CDATA[<p>A report published by The Human Trafficking Institute over the summer captured how Texas is the leading state for human trafficking in this entire country.</p> <p>Their data shows that there were over 200 human trafficking cases that were filed across the U.S. in 2018. At least 36 of those criminal cases were initiated by territorial or state prosecutors. The other 171 were brought by federal prosecutors. Some had to do with labor trafficking. Most were related to sex trafficking though.</p>]]>
    <![CDATA[<p>At least 19 <a href="https://www.kvue.com/article/news/investigations/defenders/texas-ranks-first-in-the-nation-for-active-human-trafficking-cases-report-says/269-b4dd7416-a226-4ecb-b2b3-b0c1a10971e1" target="_blank">human trafficking cases were filed in Texas</a> last year. This is nearly four times more than the cases filed in any other state or U.S. territory. Only Texas and six other jurisdictions have attempted to file charges against individuals for labor trafficking in recent years.</p> <p>As many as 346 defendants were convicted on federal human trafficking charges in 2018. At least 45 individuals were convicted of this crime here in Texas. This compares to an average of seven convictions in any other state or territory. While at least 97% of all federal convicts were ordered to pay restitution, only six of those prosecuted by the state of Texas were ordered to do the same.</p> <p>If there's anything that you should take away from this report, it's that both state and federal prosecutors have invested additional time and monetary resources into tracking down suspected human traffickers in recent years. It's also important to note that their conviction rates are increasing the more cases of this sort that they handle.</p> <p>This is why you need to <a href="https://www.osvaldomoraleslaw.com/Criminal-Defense/Human-Trafficking.shtml">consult with a human trafficking attorney who will put up an aggressive defense</a> if you've been accused of such a crime here in Edinburg. They can advise you of your rights in your case.</p>]]>
  </content>
</entry>

<entry>
  <title><![CDATA[Seven factors that affect your alcohol impairment level]]></title>
  <link rel="alternate" type="text/html" href="https://www.osvaldomoraleslaw.com/blog/2019/09/seven-factors-that-affect-your-alcohol-impairment-level.shtml" />
  <id>tag:www.osvaldomoraleslaw.com,2019:/blog//84334.3828619</id>
  <published>2019-09-11T17:41:34Z</published>
  <updated>2019-09-11T17:40:34Z</updated>
  <summary><![CDATA[Many people enjoy alcohol and there is nothing wrong with that. There is something wrong with becoming over-impaired and significantly upping the chance of causing injury or death to yourself or others. It’s relatively unknown that so many factors affect...]]></summary>
  <author>
    <name><![CDATA[On behalf of Law Office of Osvaldo J. Morales III P.C.]]></name>
    
  </author>
  
  
  <content type="html" xml:lang="en-us" xml:base="https://www.osvaldomoraleslaw.com/blog/">
    <![CDATA[<p>Many people enjoy alcohol and there is nothing wrong with that. There is something wrong with becoming over-impaired and significantly upping the chance of causing injury or death to yourself or others.</p> <p>It’s relatively unknown that so many factors affect how fast and severe alcohol impairs people. Everyone absorbs and metabolizes alcohol at a different rate. These factors, that we’ll go into more detail about below, are your sex and ethnicity, weight, any medications you’re taking, drinking on an empty vs. full stomach, family history and whether you partake in chugging or skilled sipping.</p>]]>
    <![CDATA[<p><strong>Sex/weight/ethnicity</strong></p> <p>Due to smaller frames, and a higher fat to muscle ratio, women often get drunker quicker than men. One’s muscle to fat ratio, especially for a larger individual, play a sizeable factor in alcohol adsorption as fat absorbs alcohol at a much faster rate than muscle. In addition to sex and weight, women and those of specifically Asian or Native American descent have shown to <a href="https://www.bgsu.edu/recwell/wellness-connection/alcohol-education/factors-that-affect-intoxication.html" target="_blank">produce fewer enzymes</a> used to metabolize alcohol.</p> <p><strong>Medication</strong></p> <p>Over-the-counter and prescription can have varying, unpredictable and possibly adverse effects on your body when consuming alcohol. One known example is Tylenol or Ibuprofen, which can negatively affect your liver if paired with alcohol. If taking any medications, be aware of the side effects on your mind and body if any when consuming alcohol.</p> <p><strong>Drinking on an empty vs. full stomach</strong></p> <p>When you drink on an empty stomach, it irritates your digestive system which leads to rapid alcohol adsorption. To remedy this, eat a protein-rich foods before and while you are drinking alcohol to slow down the impairment process.</p> <p><strong>Family history</strong></p> <p>Addictions are real and often are an inherited trait. If your family shows a history of addiction or simply, addictive personalities, engaging in constant alcohol consumption could lead you down a dark alcohol dependent future.</p> <p><strong>chugging or skilled sipping</strong></p> <p>When you chug alcohol, it’s like purposely overdosing. It’s also understood that partaking when partaking in chugging, the goal is to get buzzed or drunk quicker, but when you do this, you are putting added stress on your body ability to correctly metabolize the alcohol and eventually your body will shut down and stop metabolizing. The result will be significant impairment, accompanied by very poor motor skills lowered inhibitions and awareness, vomiting (the initial sign of alcohol poisoning,) and blacking out (other brain activities shutting down.)</p> <p>Choosing this route often enough could provide you will serious and prolonged health problems or <a href="https://www.osvaldomoraleslaw.com/Criminal-Defense/">alcohol-related legal issues.</a> Avoid this mess by appropriately enjoying your alcoholic drinks.</p>]]>
  </content>
</entry>

<entry>
  <title><![CDATA[Drug crimes can involve multiple types of drugs]]></title>
  <link rel="alternate" type="text/html" href="https://www.osvaldomoraleslaw.com/blog/2019/08/drug-crimes-can-involve-multiple-types-of-drugs.shtml" />
  <id>tag:www.osvaldomoraleslaw.com,2019:/blog//84334.3816171</id>
  <published>2019-08-26T09:58:43Z</published>
  <updated>2019-08-26T09:57:43Z</updated>
  <summary><![CDATA[Texas is known as a state with strong law enforcement. One of the key tasks for law enforcement professionals in Texas is addressing drug crimes. One recent example of that happened at a county motel. Authorities were alerted to...]]></summary>
  <author>
    <name><![CDATA[On behalf of Law Office of Osvaldo J. Morales III P.C.]]></name>
    
  </author>
  
    <category term="drug crimes" scheme="http://www.sixapart.com/ns/types#category" />
  
  <category term="drugcrimes" label="Drug Crimes" scheme="http://www.sixapart.com/ns/types#tag" />
  <content type="html" xml:lang="en-us" xml:base="https://www.osvaldomoraleslaw.com/blog/">
    <![CDATA[<p>Texas is known as a state with strong law enforcement. One of the key tasks for law enforcement professionals in Texas is addressing drug crimes<strong>. </strong>One recent example of that happened <a href="http://www.click2houston.com/news/local/weed-xanax-meth-found-during-drug-bust-at-nw-harris-county-motel-officials-say" target="_blank" >at a county motel</a>.</p> <p>Authorities were alerted to a vehicle in the motel parking lot that was parked across three spaces. They approached the vehicle and saw a man sitting in the driver's seat. The authorities talked with him and realized that he was in possession of methamphetamine.</p>]]>
    <![CDATA[<p>Upon searching the whole vehicle, the authorities found Xanax as well as methamphetamine in a backpack. The man in the driver's seat and the passenger in the vehicle both proclaimed that the backpack belonged to one of their friends. They also said that the friend, at that very moment, was inside a room at the motel. According to the man and his passenger, they and the friend had all been staying in the motel room together.</p> <p>As it turned out, there were three people in the motel room, bring the total number of people to five, in addition to the authorities who were investigating. Two of the five people had open warrants, with one of the warrants being based on possession of a controlled substance.</p> <p>Upon searching the motel room, the authorities found more methamphetamine, more Xanax and marijuana. They also found a firearm and a scale. All five of the people were taken into custody, with a variety of charges being filed.</p> <p>This was a dramatic case. Of course, every drug crime case is different. There are many things that affect both charges and consequences, including the types of drugs involved, the amounts of drugs involved and whether those accused of a drug crime are facing accusations of drug possession or accusations of intent to sell the drugs.</p>]]>
  </content>
</entry>

<entry>
  <title><![CDATA[DWI charges can be affected by multiple factors]]></title>
  <link rel="alternate" type="text/html" href="https://www.osvaldomoraleslaw.com/blog/2019/08/dwi-charges-can-be-affected-by-multiple-factors.shtml" />
  <id>tag:www.osvaldomoraleslaw.com,2019:/blog//84334.3811120</id>
  <published>2019-08-14T19:54:32Z</published>
  <updated>2019-08-14T19:53:32Z</updated>
  <summary><![CDATA[Texas laws are tough on anything that could result in harm to others while driving on the state's busy roads. That includes drunk driving. Drunk driving is typically referred to under the law as driving under the influence (DUI)...]]></summary>
  <author>
    <name><![CDATA[On behalf of Law Office of Osvaldo J. Morales III P.C.]]></name>
    
  </author>
  
    <category term="dwi" scheme="http://www.sixapart.com/ns/types#category" />
  
  <category term="dwi" label="DWI" scheme="http://www.sixapart.com/ns/types#tag" />
  <content type="html" xml:lang="en-us" xml:base="https://www.osvaldomoraleslaw.com/blog/">
    <![CDATA[<p>Texas laws are tough on anything that could result in harm to others while driving on the state's busy roads. That includes <a href="https://www.osvaldomoraleslaw.com/Criminal-Defense/Drunk-Driving-Defense.shtml" >drunk driving</a>. Drunk driving is typically referred to under the law as driving under the influence (DUI) or <a href="abc13.com/driver-charged-with-third-dwi-after-hitting-officers/5439995/" target="_blank" >driving while intoxicated (DWI)</a>. Anyone charged with a DWI can face serious penalties, especially if they are a repeat offender or if someone got hurt.</p> <p>One DWI case that made headlines across Texas recently involved both of those circumstances. A 36-year-old man was arrested and charged with DWI. He had been charged with two previous DWI offenses, making this his third. Additionally, he is accused of injuring two Texas police officers.</p>]]>
    <![CDATA[<p>At the time of the accident, dozens of officers were providing an escort for two massive crates. The crates contained parts of a drilling ship, and were being taken to a cruise terminal. This was a giant undertaking, so police officers carefully blocked off an intersection in order to get the crates to their destination.</p> <p>However, the man drove straight through the intersection, hitting the officers. The officers suffered minor injuries. The accident slowed the progress of the crates, and the transport company had to alter their schedule and estimated time of arrival at the cruise terminal.</p> <p>Many DWI cases involve people who have had prior convictions and injuries to others. Each DWI case is unique and has a variety of factors that affect the exact charges that will be filed and what penalties are prospectively on the table. All of those factors need to be looked at closely in order to configure an effective defense.</p>]]>
  </content>
</entry>

<entry>
  <title><![CDATA[Drug crimes can involve possession and transportation]]></title>
  <link rel="alternate" type="text/html" href="https://www.osvaldomoraleslaw.com/blog/2019/08/drug-crimes-can-involve-possession-and-transportation.shtml" />
  <id>tag:www.osvaldomoraleslaw.com,2019:/blog//84334.3802613</id>
  <published>2019-08-01T14:03:53Z</published>
  <updated>2019-08-01T14:02:53Z</updated>
  <summary><![CDATA[Being accused of a crime involving possession or trafficking of drugs in Texas is very serious. Individuals who are accused of drug possession or drug trafficking crimes can find their reputations damaged. They can also face severe penalties. For...]]></summary>
  <author>
    <name><![CDATA[On behalf of Law Office of Osvaldo J. Morales III P.C.]]></name>
    
  </author>
  
    <category term="drug crimes" scheme="http://www.sixapart.com/ns/types#category" />
  
  <category term="drugcrimes" label="Drug Crimes" scheme="http://www.sixapart.com/ns/types#tag" />
  <content type="html" xml:lang="en-us" xml:base="https://www.osvaldomoraleslaw.com/blog/">
    <![CDATA[<p>Being accused of a crime involving possession or trafficking of drugs in Texas is very serious. Individuals who are accused of drug possession or drug trafficking crimes can find their reputations damaged. They can also face severe penalties. For that reason, it is critical for anyone facing such accusations to secure qualified and experienced representation in the form of an attorney who has successfully worked with the issues specific to drug crimes before.</p> <p>One recent <a href="http://www.dallasnews.com/news/courts/2019/07/26/former-mexican-cop-indicted-federal-drug-charges-after-texas-traffic-stop-turned-fentanyl" target="_blank">drug crime</a> in the news involved someone originally brought to the attention of authorities by way of a car accident. The man involved, a former Mexican police officer, was driving in a 2007 Ford Explorer SUV on Interstate 40 and almost hit the vehicle a trooper with the Texas Department of Public Safety was in. The trooper, confronting the man about that, became very suspicious of the man and asked to <a href="http://www.osvaldomoraleslaw.com/Criminal-Defense/Drug-Crimes.shtml">search his vehicle</a>.</p>]]>
    <![CDATA[<p>Interestingly, the man agreed. The search of the SUV revealed 33 individual bundles comprising about 72 pounds of a substance that was originally presumed to be cocaine. The substance was confiscated and subjected to comprehensive chemical analysis testing at a laboratory. That testing determined that the substance was actually fentanyl.</p> <p>Fentanyl is synthetic opioid. Texas, like most states, has a serious problem with opioid users. Fentanyl is often combined by drug dealers with hard drugs like heroin, cocaine, MDMA and methamphetamine. Naturally, authorities are eager to crack down on its distribution.</p> <p>Under questioning, the man said that he had brought the drug from California and was taking it to Florida. He said that he had been paid $6,000 to transport it, and had done the same thing on a previous occasion.</p>]]>
  </content>
</entry>

<entry>
  <title><![CDATA[Victims and perpetrators are sometimes hard to distinguish]]></title>
  <link rel="alternate" type="text/html" href="https://www.osvaldomoraleslaw.com/blog/2019/07/victims-and-perpetrators-are-sometimes-hard-to-distinguish.shtml" />
  <id>tag:www.osvaldomoraleslaw.com,2019:/blog//84334.3793576</id>
  <published>2019-07-21T21:31:35Z</published>
  <updated>2019-07-21T21:30:35Z</updated>
  <summary><![CDATA[Not long ago, most Americans would have been shocked and puzzled to hear that the trafficking of human victims still existed anywhere, much less in the United States and even in communities near them. Times have changed quickly. Only in...]]></summary>
  <author>
    <name><![CDATA[On behalf of Law Office of Osvaldo J. Morales III P.C.]]></name>
    
  </author>
  
  
  <content type="html" xml:lang="en-us" xml:base="https://www.osvaldomoraleslaw.com/blog/">
    <![CDATA[<p>Not long ago, most Americans would have been shocked and puzzled to hear that the trafficking of human victims still existed anywhere, much less in the United States and even in communities near them.</p> <p>Times have changed quickly. Only in 2003 did Washington State become the first state in America to criminalize human trafficking. Today, every state has done the same and public awareness has grown enormously.</p>]]>
    <![CDATA[<p><a href="https://www.americanbar.org/groups/bar_services/publications/bar_leader/2012_13/july_august/taking_human_trafficking_role_every_lawyer_every_bar_association/" target="_blank" >In Dallas not long ago</a>, federal attorneys and bar association presidents examined the crime of human trafficking. They discussed how victims of trafficking often make contact with police for the first time when they’re arrested as criminal suspects, not as victims. Police sweeps to arrest crime rings often wind up being, in part, round-ups of victims.</p> <p>The job of more deeply understanding how the suspect actually related to the crime sometimes falls to the defense attorney whose job, after all, is to help the defendant obtain justice in the court system. This way, defense attorneys serve the irreplaceable function of identifying victims of trafficking.</p> <p>A former New York Bar Association president urged increased training for police, judges, prosecutors and defense attorneys so that victims can be more often be treated as such and thus protected instead of prosecuted. The NYBA president also noted the recently enacted New York law that enables trafficking victims to clear their records of convictions stemming from having been trafficked.</p> <p>A recent <a href="https://www.mcgeorge.edu/documents/Publications/blizardEvidence_TUOPLR483.pdf" target="_blank" >article by a now-public defender</a> warns, among other things, that trafficking victims are groomed to hide from the truth, distrust the police, lie about the crimes they’ve been made to commit, and listen to no one but the trafficker. Many of the tell-tale signs of victimization can resemble signs of criminal activity, such as false or absent identification, no apparent financial records or bank accounts, and evasive behavior.</p> <p>Along with increased public awareness and anger about the crime of human trafficking, the public will presumably become increasingly sophisticated about the complexity of the crimes and the kinds of interventions the police, judges, prosecutors and defense attorneys must make to ensure justice.</p>]]>
  </content>
</entry>

<entry>
  <title><![CDATA[Drugs found by officers seeking stolen cellphones]]></title>
  <link rel="alternate" type="text/html" href="https://www.osvaldomoraleslaw.com/blog/2019/07/drugs-found-by-officers-seeking-stolen-cellphones.shtml" />
  <id>tag:www.osvaldomoraleslaw.com,2019:/blog//84334.3793048</id>
  <published>2019-07-19T12:20:07Z</published>
  <updated>2019-07-19T12:19:07Z</updated>
  <summary><![CDATA[It is a serious matter to be charged with drug-related offenses, including possession of drugs. A charge of possession of drugs can result in a wide range of penalties for a person found guilty of it, including, in some...]]></summary>
  <author>
    <name><![CDATA[On behalf of Law Office of Osvaldo J. Morales III P.C.]]></name>
    
  </author>
  
    <category term="drug crimes" scheme="http://www.sixapart.com/ns/types#category" />
  
  <category term="drugcrimes" label="Drug Crimes" scheme="http://www.sixapart.com/ns/types#tag" />
  <content type="html" xml:lang="en-us" xml:base="https://www.osvaldomoraleslaw.com/blog/">
    <![CDATA[<p>It is a serious matter to be charged with drug-related offenses, including possession of drugs. A charge of <a href="http://www.click2houston.com/news/typhoon-texas-backpack-thefts-lead-to-drug-bust-in-houston-police-say" target="_blank" >possession of drugs</a> can result in a wide range of penalties for a person found guilty of it, including, in some cases, incarceration. Of course, the penalties for those found guilty of <a href="http://www.osvaldomoraleslaw.com/Criminal-Defense/Drug-Crimes.shtml" >drug possession</a> are dependent upon a wide array of factors, including the kind of drugs that they had and if the amount of drugs they had constitutes intent to distribute the drugs.</p> <p>Sometimes, drugs are discovered by accident while intrepid police officers are busily investigating something else. Recently, officers were responding to the theft of backpacks from several people who were at a water park. Those backpacks included items like an Apple Watch and cellphones, with the total value of the items being $4,869.</p>]]>
    <![CDATA[<p>Fortunately for the owners of the cellphones (but unfortunately for those who took them), cellphones are tracking devices. That means that anyone who steals them might as well have left behind a map of exactly where they went. Indeed, authorities did track two of the cellphones, and went to the home to where the cellphones and other items from the backpacks had been taken.</p> <p>There, the officers conducted surveillance, and were able to affirm that the occupants of the home were individuals who had been observed at the water park. Based on that, the officers planned a raid to retrieve the cellphones, the Apple Watch and the backpacks and reunite them with their owners.</p> <p>During the raid, the officers found a lot of cash, a gun and a substantial quantity of narcotics packaged for distribution. They then were able to charge one of the occupants with possession of a controlled substance.</p>]]>
  </content>
</entry>

<entry>
  <title><![CDATA[DWI charges can result in severe penalties]]></title>
  <link rel="alternate" type="text/html" href="https://www.osvaldomoraleslaw.com/blog/2019/07/dwi-charges-can-result-in-severe-penalties.shtml" />
  <id>tag:www.osvaldomoraleslaw.com,2019:/blog//84334.3782953</id>
  <published>2019-07-03T21:42:40Z</published>
  <updated>2019-07-03T21:41:40Z</updated>
  <summary><![CDATA[Texas roads can be dangerous places due to the sheer volume of vehicles on them, especially in peak hours. Of course, road maintenance issues and bad weather conditions can make the roads even more dangerous. That is a good...]]></summary>
  <author>
    <name><![CDATA[On behalf of Law Office of Osvaldo J. Morales III P.C.]]></name>
    
  </author>
  
    <category term="dwi" scheme="http://www.sixapart.com/ns/types#category" />
  
  <category term="dwi" label="DWI" scheme="http://www.sixapart.com/ns/types#tag" />
  <content type="html" xml:lang="en-us" xml:base="https://www.osvaldomoraleslaw.com/blog/">
    <![CDATA[<p>Texas roads can be dangerous places due to the sheer volume of vehicles on them, especially in peak hours. Of course, road maintenance issues and bad weather conditions can make the roads even more dangerous. That is a good reason why drivers should make sure that they are not impaired in any way when they take their vehicles out on the roads so they can protect themselves, their passengers and others. Moreover, <a href="http://www.txdot.gov/inside-txdot/division/traffic/safety/sober-safe/intoxication.html" target="_blank">if you drive drunk, you can face serious legal penalties</a>.</p> <p>Even one drink can put someone in an impaired condition, which is why anyone planning to drink at all should arrange for a designated driver or be prepared to use Uber or other ride hailing service before they start. Many things affect how impaired a person gets after each drink, including their body weight, their gender and the amount of food they've eaten.</p>]]>
    <![CDATA[<p>In Texas, a person can be considered legally intoxicated, be arrested, and face DWI charges if they have a blood alcohol level (BAC) of .08. Regardless of their BAC, a person can charged with a DWI if authorities determine that the person is driving while intoxicated by other means. Having an open container of alcohol in a vehicle can also result in a $500 fine.</p> <p>Additionally, there can be still more trouble for a person who has a passenger under age 15 while driving while intoxicated. If that happens, the driver can lose their license for 180 days, be required to pay a fine of up to $10,000 and be sentenced to as much as two years in jail. That is why anyone accused of <a href="http://www.osvaldomoraleslaw.com/Criminal-Defense/Drunk-Driving-Defense.shtml" >drunk driving</a> should consult an experienced attorney immediately.</p>]]>
  </content>
</entry>

<entry>
  <title><![CDATA[The danger of drunk driving in Texas]]></title>
  <link rel="alternate" type="text/html" href="https://www.osvaldomoraleslaw.com/blog/2019/06/the-danger-of-drunk-driving-in-texas.shtml" />
  <id>tag:www.osvaldomoraleslaw.com,2019:/blog//84334.3773555</id>
  <published>2019-06-21T08:34:15Z</published>
  <updated>2019-06-21T08:33:15Z</updated>
  <summary><![CDATA[Being charged with drunk driving, typically referred to as DUI or DWI charge, can result in a range of consequences for defendants. Those consequences can include incarceration, fines and administrative license suspension. The consequences are often particularly severe in...]]></summary>
  <author>
    <name><![CDATA[On behalf of Law Office of Osvaldo J. Morales III P.C.]]></name>
    
  </author>
  
    <category term="dwi" scheme="http://www.sixapart.com/ns/types#category" />
  
  <category term="dwi" label="DWI" scheme="http://www.sixapart.com/ns/types#tag" />
  <content type="html" xml:lang="en-us" xml:base="https://www.osvaldomoraleslaw.com/blog/">
    <![CDATA[<p>Being charged with drunk driving, typically referred to as DUI or DWI charge, can result in a range of consequences for defendants. Those consequences can include incarceration, fines and administrative license suspension. The consequences are often particularly severe in cases of repeat offenses and in cases where injuries were suffered as a result of the defendant's actions while under the influence.</p> <p>Despite that, many people are stopped and arrested on suspicion of <a href="http://www.cdc.gov/motorvehiclesafety/impaired_driving/strategies.html" target="_blank" >drunk driving in Texas</a> every day. That happens in big cities and small rural areas, with police setting up what are called sobriety checkpoints in order to stop vehicles at an array of locations. These checkpoints, as their name implies, exist to give police officers an opportunity to determine if drivers are under the influence. To do so successfully, they may focus on vehicles that seem to be driven too fast, are driven erratically or otherwise appear to be driven in an unsafe manner.</p>]]>
    <![CDATA[<p>Once stopped, drivers suspected of operating a motor vehicle while under the influence of alcohol or drugs can be compelled to take multiple tests to determine their sobriety. Those tests can include measuring the ability to exercise gross and fine motor control, which is a very appropriate test since those skills are needed to safely operate a vehicle.</p> <p>A Breathalyzer or other means of establishing a driver's blood alcohol content (BAC) can also be used. If the driver's BAC is above the legal limit, that can affect the charges that are filed against them and the legal strategy that they will need to employ in order to address those charges in court. Of course, there are many other factors in addition to the driver's BAC that will affect the legal strategy that the driver will need to use.</p>]]>
  </content>
</entry>

<entry>
  <title><![CDATA[How a criminal defense attorney helps your case]]></title>
  <link rel="alternate" type="text/html" href="https://www.osvaldomoraleslaw.com/blog/2019/06/how-a-criminal-defense-attorney-helps-your-case.shtml" />
  <id>tag:www.osvaldomoraleslaw.com,2019:/blog//84334.3763076</id>
  <published>2019-06-07T16:51:21Z</published>
  <updated>2019-06-07T16:50:21Z</updated>
  <summary><![CDATA[Were you charged with a crime in Edinburg, Texas? If so, the most important thing you can do for your rights and freedom is to hire a criminal defense attorney. Why? A criminal defense attorney has plenty of experience...]]></summary>
  <author>
    <name><![CDATA[On behalf of Law Office of Osvaldo J. Morales III P.C.]]></name>
    
  </author>
  
    <category term="criminal defense" scheme="http://www.sixapart.com/ns/types#category" />
  
  <category term="criminaldefense" label="Criminal Defense" scheme="http://www.sixapart.com/ns/types#tag" />
  <content type="html" xml:lang="en-us" xml:base="https://www.osvaldomoraleslaw.com/blog/">
    <![CDATA[<p>Were you charged with a crime in Edinburg, Texas? If so, the most important thing you can do for your rights and freedom is to hire a criminal defense attorney. Why? A criminal defense attorney has plenty of experience handling all types of <a href="https://criminal.findlaw.com/criminal-law-basics/hire-a-criminal-defense-lawyer.html" target="_blank">criminal cases</a> and can ensure that your rights are not taken advantage of in court or when placed under arrest.</p> <p>When you work with a criminal defense attorney you will be able to understand all of the following:</p> <ul> <li>The charges levied against you</li> <li>The defenses to those charges you can use</li> <li>The plea bargains that can be offered</li> <li>What you can expect following a trial or conviction</li> </ul>]]>
    <![CDATA[<p>A criminal defense attorney will be able to investigate the incident that led to the charges. He or she will interview witnesses on your behalf, obtain the police report, speak to responding officers, collect evidence and secure expert witnesses for the trial, if needed.</p> <p>A defense attorney can also work towards having the charges against you either dropped or reduced. This takes a lot of work and negotiating with the prosecutor. Someone not skilled in the law will be unable to handle this themselves.</p> <p>Should you be convicted of the crime, an attorney can help negotiate a lighter sentence with the court, making sure you are not in jail for years on end or issued a hefty fine.</p> <p>There's no reason to represent yourself in a criminal case. You don't know the law. You don't know the court system and you aren't trained on how to argue a case correctly. When you hire a <a href="https://www.osvaldomoraleslaw.com/Criminal-Defense/">criminal defense attorney</a>, you are putting your rights in the hands of a capable and trusted person.</p>]]>
  </content>
</entry>

<entry>
  <title><![CDATA[How do Texas authorities define human trafficking?]]></title>
  <link rel="alternate" type="text/html" href="https://www.osvaldomoraleslaw.com/blog/2019/05/how-do-texas-authorities-define-human-trafficking.shtml" />
  <id>tag:www.osvaldomoraleslaw.com,2019:/blog//84334.3748595</id>
  <published>2019-05-24T19:21:47Z</published>
  <updated>2019-05-24T19:20:47Z</updated>
  <summary><![CDATA[The Office of the Attorney General of Texas (AGT) describes human trafficking as a type of slavery. It involves children, women and men being forced to work or perform sex acts for someone else's financial gain. Data published by...]]></summary>
  <author>
    <name><![CDATA[On behalf of Law Office of Osvaldo J. Morales III P.C.]]></name>
    
  </author>
  
    <category term="human trafficking" scheme="http://www.sixapart.com/ns/types#category" />
  
  <category term="humantrafficking" label="Human Trafficking" scheme="http://www.sixapart.com/ns/types#tag" />
  <content type="html" xml:lang="en-us" xml:base="https://www.osvaldomoraleslaw.com/blog/">
    <![CDATA[<p>The Office of the Attorney General of Texas (AGT) describes human trafficking as a type of slavery. It involves children, women and men being forced to work or perform sex acts for someone else's financial gain.</p> <p>Data published by researchers at the University of Texas at Austin in 2016 showed that there were <a href="https://www.texasattorneygeneral.gov/initiatives/human-trafficking" target="_blank">234,000 victims of labor trafficking</a> in Texas then. There were approximately 79,000 minor sex trafficking victims.</p>]]>
    <![CDATA[<p>The AGT notes that there are four primary types of human trafficking.</p> <p>Any individual who lures a child under the age of 18 into the commercial sex trade may be charged with child sex trafficking. Anyone who uses coercion, fraud or force to get an adult to work as a prostitute, at a massage parlor, a brothel or a strip club may be changed with adult sex trafficking.</p> <p>No one should be defrauded, coerced or forced into working in the manufacturing, hospitality, agriculture or in housekeeping no matter whether they're a minor or an adult. Anyone who places someone in such a role against their will may be charged with child or adult labor trafficking.</p> <p>Officials generally urge people to look for signs of human trafficking, including evidence that someone works long hours, has a schedule that's controlled by someone else or lives at their job site. If an individual has a persistent untreated illness or pain, is malnourished and has poor hygiene, that may also be considered a sign.</p> <p>Anyone who has a limited ability to speak English, is paid on a limited basis or has limited access to their own identification paperwork may be suspected of being a trafficking victim. </p> <p>Real human relationships take on many different forms. What you and another person may consent to may be suspicious to someone else. A consensual agreement could be misunderstood. However, human trafficking is taken very seriously by law enforcement agencies here in Edinburg and throughout Texas. Because of this, individuals who are accused of this crime should consult a human trafficking attorney who can <a href="https://www.osvaldomoraleslaw.com/Criminal-Defense/Human-Trafficking.shtml">put up an aggressive defense</a> on their behalf.</p>]]>
  </content>
</entry>

<entry>
  <title><![CDATA[What are the penalties for drunk driving in Texas?]]></title>
  <link rel="alternate" type="text/html" href="https://www.osvaldomoraleslaw.com/blog/2019/05/what-are-the-penalties-for-drunk-driving-in-texas.shtml" />
  <id>tag:www.osvaldomoraleslaw.com,2019:/blog//84334.3735676</id>
  <published>2019-05-15T14:42:11Z</published>
  <updated>2019-05-15T14:42:50Z</updated>
  <summary><![CDATA[Going out for a drink with friends is something everyone does now and then. After a few drinks one may assume that they are safe to drive home, especially if they live close. However, if the police pull you over...]]></summary>
  <author>
    <name><![CDATA[On behalf of Law Office of Osvaldo J. Morales III P.C.]]></name>
    
  </author>
  
    <category term="dwi" scheme="http://www.sixapart.com/ns/types#category" />
  
  
  <content type="html" xml:lang="en-us" xml:base="https://www.osvaldomoraleslaw.com/blog/">
    <![CDATA[<p>Going out for a drink with friends is something everyone does now and then. After a few drinks one may assume that they are safe to drive home, especially if they live close. However, if the police pull you over you could be facing serious consequences.</p> <p>Individuals who live in Texas report that they drive after drinking too much at a <a href="https://www.cdc.gov/motorvehiclesafety/pdf/impaired_driving/drunk_driving_in_tx.pdf" data-mce-href="https://www.cdc.gov/motorvehiclesafety/pdf/impaired_driving/drunk_driving_in_tx.pdf">higher rate </a>than the national average. Drunk driving puts everyone on the road in danger, which is why it is always best to call a friend or order an Uber. What penalties will one face for a first offense DWI? Are there more serious penalties?</p>]]>
    <![CDATA[<p><strong>First offense penalties</strong></p> <p>When you are facing a driving while intoxicated charge, a first offense may come with the following <a href="https://www.txdot.gov/inside-txdot/division/traffic/safety/sober-safe/intoxication.html" target="_blank" data-mce-href="https://www.txdot.gov/inside-txdot/division/traffic/safety/sober-safe/intoxication.html">penalties</a>:</p> <ul> <li><strong>Fine</strong>: Up to $2,000</li> <li><strong>Jail</strong> <strong>time</strong>: Between three and 180 days</li> <li><strong>License</strong> <strong>suspension</strong>: Up to one year</li> <li><strong>Other</strong> <strong>fees</strong>: $1,000 to $2,000 to retain license for three years following the incident.</li></ul> <p><strong>Other penalties</strong></p> <p>Certain acts committed while one is driving under the influence of drugs or alcohol could come with extra consequences. Typically, this means that instead of facing typical first offense DWI charges, you may face additional, or more severe, penalties. This is called an aggravated DWI.</p> <p>A driver could face aggravated DWI charges if they drive with a child under 15 years old or have a BAC of .15 percent or more. Penalties include a higher fine of up to $10,000 and longer jail time.</p> <p>DWI charges are serious, even for an individual who has never committed the crime before. It is always wise to make sure you are sober before getting in the car.</p>]]>
  </content>
</entry>

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