The L and L Law Blog
Practical, up-to-date articles on Texas criminal defense — written by attorneys who appear in these courts daily. 70+ articles covering DWI, drug, assault, sexual assault, federal, federal tax, juvenile, theft, and expunction cases.
Most Recent
Frisco Nurse Faces a BON Investigation: Step-by-Step Guide
A Frisco RN, LVN, or APRN who receives a Texas Board of Nursing complaint letter must act fast — Position Statement deadlines, document preservation, and TPAPN evaluation are the first decisions.
Frisco Nurse Drug Test Failure: TPAPN vs. Formal Discipline
Frisco RNs who fail a drug test face two parallel tracks — voluntary TPAPN evaluation, or formal Board of Nursing discipline.
BON Position Statement Strategy for Frisco Nurses
The Position Statement is the most important document in any Texas BON case. Frisco RNs need a precise, fact-anchored response.
Frisco Nurse Practitioner Prescribing Issues: BON Defense
APRNs and CRNAs in Frisco face heightened BON scrutiny on prescribing — controlled-substance volume, supervising-physician relationships.
Texas Nursing License Reinstatement: A Frisco Nurse's Path Back
After Texas Board of Nursing discipline, suspension, or voluntary surrender, Frisco nurses can apply for license reinstatement.
Charting Errors in Collin County Hospitals: BON Defense
Frisco-area RNs facing BON complaints over charting deficiencies need a Position Statement that places the conduct in clinical context.
Frisco Nurse and Mandatory Reporting: BON Implications
Texas RNs are mandatory reporters of suspected child abuse, elder abuse, and impaired colleague conduct. Failure to report is itself BON-reportable.
Self-Reporting Criminal Arrest as a Frisco Nurse: BON Disclosure
Texas RNs must self-report certain criminal arrests and convictions to the BON. Timing and framing of the disclosure significantly affect license outcomes.
BON Stipulated Order vs. SOAH Hearing: Frisco Nurse Decision
After Formal Charges, a Frisco RN faces a choice: settle via Stipulated Order, or contest at SOAH.
Compact License Issues: Out-of-State Nurse Working in Frisco
Nurses with primary residence in non-Texas Compact states working in Frisco hospitals face overlapping discipline jurisdiction.
Frisco Realtor Facing TREC Complaint: First Steps
A Texas Real Estate Commission complaint against a Frisco realtor starts a 14-day Position Statement clock.
Trust Account Violations: TREC Defense for Frisco Brokers
Frisco real estate brokers face strict trust account compliance under TREC rules. Commingling, late deposits, and accounting errors trigger fast-track discipline.
Misrepresentation in Frisco Real Estate Transactions: TREC Risks
Texas real estate misrepresentation claims are TREC's second-largest enforcement category. Frisco realtors face civil and licensing exposure.
TREC License Suspension Defense for Frisco Sales Agents
A TREC suspension order halts all real estate practice. Frisco sales agents have appeal rights and reinstatement strategies.
Self-Reporting Criminal Conviction: Texas Real Estate Agent Guide
Texas Occupations Code §1101.652 requires real estate license holders to self-report certain criminal convictions.
Failure to Disclose: Frisco Realtor Liability Under TREC §535
Frisco real estate agents face TREC discipline for failing to disclose material facts to buyers, sellers, or co-op brokers.
Defending TREC Investigations as a Frisco Real Estate Broker
Brokers face TREC investigations both for their own conduct and for supervision of sales agents.
Real Estate License Reinstatement After TREC Discipline
Frisco realtors who lost licenses to TREC discipline can apply for reinstatement after the prescribed period.
Unauthorized Practice of Law Risks for Frisco Realtors
Texas real estate agents face TREC and State Bar exposure for unauthorized practice of law.
TREC Advertising Rules: Frisco Realtor Compliance Guide
Texas Real Estate Commission advertising rules require specific disclosures, restrict team names, and prohibit misleading content.
Frisco Daycare Faces HHSC Investigation: Step-by-Step Guide
A Texas HHSC investigation against a Frisco daycare typically begins with an unannounced visit. Documentation and immediate response shape the outcome.
Child Abuse/Neglect Allegations: Defense for Frisco Daycare Operators
Frisco daycare operators facing abuse or neglect allegations need parallel defense across HHSC, CPS, and possible criminal investigations.
HHSC Ratio Violations: Defending Your Frisco Child Care License
Texas child-to-staff ratio violations are among the highest-frequency HHSC citations.
Background Check Failures: Frisco Child Care Workers and Owners
Texas requires fingerprint-based criminal background checks for all child care staff. Failures can produce HHSC discipline.
Defending CPS Investigations as a Frisco Child Care Provider
A Frisco daycare worker named in a CPS investigation faces both administrative discipline and personal Central Registry listing.
Texas Foster Home License Defense: Frisco and Collin County
Frisco-area foster parents face HHSC investigations under different rules than traditional daycares.
After-School Program License Defense: Frisco TX
Frisco after-school programs operating in schools, churches, and community centers face HHSC oversight.
Child Care License Revocation: Reinstatement After Discipline
Frisco daycare operators whose licenses were revoked by HHSC can apply for reinstatement after specified time periods.
HHSC Deficiency Citation Response Strategy for Frisco Operators
A Frisco daycare receiving an HHSC deficiency citation must respond with a corrective-action plan.
Mandatory Reporting Duties for Frisco Daycare Staff
Texas requires all daycare staff to report suspected child abuse or neglect to Statewide Intake.
What to Do After a DWI Arrest in Collin County
The 72 hours after a DWI arrest determine whether you keep your license, your record, and your freedom.
Expunction vs. Non-Disclosure in Texas
Both remove your record from public view — but they work differently, and eligibility rules are strict.
What Is Deferred Adjudication in Texas?
Deferred adjudication can seem like a lifeline — but there are serious risks if you violate.
The Collin County Criminal Court Process
A step-by-step walkthrough of every stage from arrest to resolution.
Texas DWI License Suspension: How Long Will You Lose Your License?
A DWI arrest in Texas triggers two completely separate license suspensions — one civil, one criminal. Miss the 15-day window, and your license suspension becomes automatic. Here is exactly how Texas DWI license suspensions work, what you can do to fight them, and how to qualify for an occupational license if suspension is unavoidable.
Texas Marijuana Laws in 2026
Recreational marijuana remains illegal in Texas, but hemp, CBD, Delta-8 have created confusion.
DWI Defense
What to Do After a DWI Arrest in Collin County
The 72 hours after a DWI arrest determine whether you keep your license, your record, and your freedom.
Texas DWI License Suspension: How Long Will You Lose Your License?
A DWI arrest in Texas triggers two completely separate license suspensions — one civil, one criminal. Miss the 15-day window, and your license suspension becomes automatic. Here is exactly how Texas DWI license suspensions work, what you can do to fight them, and how to qualify for an occupational license if suspension is unavoidable.
Texas Occupational Driver's License: The Complete 2026 Guide
When your Texas license is suspended, an occupational driver's license can preserve your ability to work, attend school, and fulfill essential household duties. Here is how ODLs work under Transportation Code § 521.242 and what restrictions apply.
DWI Blood Test Refusal in Texas: Your Rights and the Consequences
You have the right to refuse a DWI blood or breath test in Texas — but that right comes with serious consequences, including an automatic 180-day license suspension and the possibility of a warrant-authorized forced blood draw.
What Is Felony DWI in Texas?: When a DWI Becomes a Third-Degree Felony
A third DWI conviction in Texas is no longer a misdemeanor — it's a third-degree felony carrying 2 to 10 years in the Texas Department of Criminal Justice. If you're facing a felony DWI charge in Collin County or DFW, here is what you need to know.
Texas DWI with Child Passenger: Understanding § 49.045 Charges
If you drove while intoxicated with a child under 15 in the vehicle, Texas law treats it as a state jail felony — even for a first offense. Here is what DWI with a child passenger charges involve and how to defend against them.
Expunction
Criminal Process
What Is Deferred Adjudication in Texas?
Deferred adjudication can seem like a lifeline — but there are serious risks if you violate.
The Collin County Criminal Court Process
A step-by-step walkthrough of every stage from arrest to resolution.
Evading Arrest or Detention in Texas: From Misdemeanor to Felony
A brief moment of panic — pulling away from police or not stopping immediately — can mean the difference between a misdemeanor and a felony under Texas law. Here is how Penal Code § 38.04 classifies evading arrest.
Tampering With Evidence in Texas: Penal Code § 37.09 Hidden Felony Risks
Dropping a bag of drugs, deleting text messages, or hiding a weapon during a police encounter can transform a minor situation into a third-degree felony in Texas. Penal Code § 37.09 is one of the most commonly added charges in drug and firearm cases.
How to Choose a Criminal Defense Attorney in DFW: A Practical Guide
Choosing the right criminal defense attorney may be the most important decision you make after an arrest. Here is a practical framework for evaluating attorneys in the Dallas-Fort Worth metroplex.
Drug Crimes
Texas Marijuana Laws in 2026
Recreational marijuana remains illegal in Texas, but hemp, CBD, Delta-8 have created confusion.
Texas Drug Penalty Groups Explained: Your 2026 Guide to Groups 1 Through 4
Texas classifies controlled substances into penalty groups under the Texas Controlled Substances Act. Each group has its own drugs, weights, and penalties — from state jail felony to first-degree felony with 99 years of prison. Here is what falls into each Texas penalty group and the punishment you face.
Texas Fentanyl Possession Charges: 2026 Penalties Under Penalty Group 1-B
Texas lawmakers created a new Penalty Group 1-B in 2023 to target fentanyl, and enacted "fentanyl murder" laws making dealers responsible for overdose deaths. If you are charged with fentanyl in Texas, you face some of the harshest drug penalties in the country.
Texas Drug Paraphernalia Laws: What Counts and How to Fight the Charge
Possession of drug paraphernalia is a Class C misdemeanor in Texas — but the charge often accompanies more serious drug possession counts and can be a negotiating lever. Here is what counts as paraphernalia and how to fight these charges.
Texas Drug-Free Zone Enhancements: When School Proximity Doubles Your Penalty
Texas treats drug offenses near schools, playgrounds, and youth centers as more serious — often elevating a misdemeanor to a felony or adding years to a prison sentence. Here is how drug-free zones work under Texas law and how to fight enhancements.
Federal Crimes
Federal Drug Conspiracy Defense in Texas: 21 U.S.C. § 846 Explained
Federal drug conspiracy is one of the most commonly charged offenses in TXND and TXED. The statute reaches broadly, mandatory minimums bite hard, and defendants often face decades in federal prison. Here is how § 846 conspiracies work and how to defend against them.
Federal Wire Fraud Defense in Texas: 18 U.S.C. § 1343 Explained
Wire fraud is one of the most frequently charged federal crimes in Texas. Because nearly every modern financial transaction involves interstate wires, prosecutors use § 1343 to convert routine state-level fraud into federal cases with 20-year sentences.
Federal Firearms Charges: § 924(c) and Felon in Possession
Federal firearms charges are among the harshest offenses in the federal code — with mandatory minimums that stack consecutively on drug trafficking and violent crime sentences. Here is how §§ 922(g)(1) and 924(c) work.
Federal Healthcare Fraud Defense in Texas: § 1347 and Medicare Fraud
Healthcare fraud investigations routinely result in federal charges with decades of prison exposure. The Northern District of Texas has been particularly active, with several major healthcare fraud prosecutions in recent years.
Assault & Family Violence
Texas Self-Defense Law: When You Can Legally Use Force (Penal Code §§ 9.31 and 9.32)
Texas has some of the strongest self-defense laws in the country, but the protections are narrower than many people believe. If you used force to defend yourself, your family, or your property, your case will turn on the specific language of Penal Code §§ 9.31, 9.32, and related provisions.
Aggravated Assault with a Deadly Weapon in Texas: Penalties and Defense
Aggravated assault under Texas Penal Code § 22.02 is a second-degree felony — 2 to 20 years in prison — and can become a first-degree felony (5 to 99 years or life) in family violence or public servant cases. Here is what you need to know.
Protective Order Violations in Texas: Criminal Consequences of Breaking the Order
Violating a Texas protective order is a separate crime — even a phone call, text message, or chance encounter can result in new misdemeanor or felony charges. Here is what violates a protective order and how to defend against the charges.
Continuous Violence Against the Family: Texas Penal Code § 25.11
Texas Penal Code § 25.11 elevates two or more family violence misdemeanors within 12 months to a third-degree felony — even without the prior being prosecuted. Understand the statute, defenses, and how to protect your record.
Texas Domestic Violence Arrests: The 48-Hour No-Contact Rule
After a Texas family violence arrest, a magistrate issues an automatic 48-hour (sometimes 61-day) no-contact order called an Emergency Protective Order (MPO). Violating it is a separate Class A misdemeanor. Here is what happens after arrest and how to navigate the first 72 hours.
Juvenile Defense
Texas Juvenile Detention Hearings: What Happens in the First 48 Hours
Family Code § 54.01 requires a detention hearing within 2 working days. Understand release standards, conditions, and what parents should bring to the hearing.
Juvenile Adjudication vs. Conviction: Why It Matters in Texas
Adjudications are technically not convictions — but the consequences can follow into adulthood. Immigration, federal sentencing, military, and college impacts.
Determinate Sentencing in Texas Juvenile Cases (§ 54.04(d)(3))
Determinate sentences can reach 40 years and may transfer to TDCJ. Reserved for the most serious offenses with mandatory grand jury approval.
Sealing Juvenile Records in Texas: Family Code § 58.253
Automatic sealing for most juvenile cases. Petition-based sealing under § 58.255 for cases that don't qualify automatically. Real privacy protections.
Transferring Juvenile Cases to Adult Court: Certification Under § 54.02
Certification transfers a juvenile case to adult criminal court — full adult penalties, public records, and adult sentencing. Reserved for ages 14+.
School Discipline vs. Juvenile Charges: When School Cases Become Court Cases
Three-track system: internal school discipline, Class C tickets, and full juvenile court. Mandatory referral offenses, DAEPs, and JJAEPs.
Juvenile Drug Cases in Texas: Special Considerations
Treatment-focused dispositions, school-discipline overlap, and the felony exposure of THC vape pens. Drug court and deferred prosecution options.
Texas Juvenile DWI and DUI by Minor Charges
DUI by Minor (any detectable alcohol — Class C) vs. DWI (BAC ≥ 0.08 — Class B+). License suspensions, ALR hearings, and occupational licenses.
Juvenile Sex Offenses in Texas: Registration and Defense
Juvenile sex offenses can trigger lifetime registration just like adult cases. Family Code § 58.057 provides discretionary deregistration in narrow cases.
Texas Truancy and CHINS Cases: Family Code § 65.003
Truancy is now civil under Family Code Chapter 65. CHINS proceedings handle status offenses without criminal exposure but with court orders.
Texas Juvenile Certification: When 14-Year-Olds Face Adult Court
Texas juvenile certification — transferring a child to adult criminal court — has life-altering consequences for ages 14+ on serious felonies.
Sexual Assault Defense
Texas Sexual Assault Charges Explained: Penal Code § 22.011
Second-degree felony — 2 to 20 years TDCJ and lifetime sex offender registration. Statutory definition, defenses, and pre-indictment strategy.
Aggravated Sexual Assault in Texas: Penalties and Defense (§ 22.021)
First-degree felony — 5 to 99 years or life. 25-year minimum for child victims. Aggravating factor analysis and defense strategy.
Statutory Rape in Texas: Age of Consent and the Romeo and Juliet Defense
Texas age of consent is 17. Sexual contact with anyone under 17 is a felony — but § 22.011(e) provides a narrow Romeo and Juliet defense.
Indecency with a Child in Texas: § 21.11 Explained
Sexual contact and exposure with persons under 17. Contact is a 2nd-degree felony; exposure is 3rd-degree. Both carry lifetime registration.
Continuous Sexual Abuse of a Child: Texas Penal Code § 21.02
First-degree felony with a 25-year minimum and no parole until 25 calendar years served. Texas's most aggressive child sex offense statute.
Online Solicitation of a Minor: Texas Penal Code § 33.021
Sting operations, sting officer cross-examination, and the affirmative defense for reasonable belief about age in chat-based prosecutions.
Possession of Child Pornography in Texas: § 43.26 Defense Strategies
Third-degree felony in state court; federal companion charges under §§ 2252 and 2252A carry 5-year mandatory minimums for receipt or distribution.
Sex Offender Registration Requirements in Texas (Chapter 62)
Lifetime registration consequences — residency, employment, travel restrictions. The narrow paths to deregistration under Article 62.401.
False Allegations of Sexual Assault: How to Defend
Custody battles, breakups, and family disputes drive false allegations. Investigation, forensic interview challenges, and civil counter-suits.
Public Lewdness and Indecent Exposure in Texas: §§ 21.07 and 21.08
Misdemeanor charges with felony-grade collateral consequences when minors are involved. Class A and Class B exposures analyzed.
Improper Relationship Between Educator and Student: § 21.12
Second-degree felony for K-12 educator-student sexual contact, regardless of student age. Parallel TEA/SBEC investigation runs alongside criminal case.
Federal Tax Crimes
Federal Tax Evasion Charges: 26 U.S.C. § 7201 Defense
5-year felony — most serious tax crime. Three elements, willfulness defense under Cheek, and Voluntary Disclosure Practice.
Filing a False Tax Return: 26 U.S.C. § 7206(1) Charges
"Tax perjury" — 3-year felony. No tax deficiency required. Materiality and willfulness elements analyzed.
Aiding and Abetting Tax Fraud: 26 U.S.C. § 7206(2)
Charges against tax preparers, CPAs, and advisors. Reaches anyone who assists in preparing a false return.
Failure to File Tax Returns: 26 U.S.C. § 7203 Misdemeanor Charges
1-year-per-year misdemeanor. When non-filing escalates to § 7201 felony evasion. Voluntary Disclosure Practice as a way out.
Employment Tax Fraud and the Trust Fund Recovery Penalty
5-year felony under § 7202 plus personal civil liability under § 6672. The IRS's top criminal enforcement priority.
IRS Criminal Investigation: What to Expect When Special Agents Knock
How CI cases are made, what the "knock and talk" looks like, and the rights to invoke. Why CPA-client privilege is not enough.
PPP and EIDL Loan Fraud: Federal Charges Texas Defendants Face
Wire fraud, bank fraud, false statements, money laundering, and the dangerous § 1028A 2-year mandatory minimum.
Tax Fraud Conspiracy Charges: 18 U.S.C. § 371
Klein conspiracy — defraud-the-United-States variant requiring no specific tax violation. The federal prosecutor's favorite tool.
Money Laundering Charges Tied to Tax Crimes: 18 U.S.C. § 1956
20-year felony. Cuellar concealment limitations and the Santos "proceeds" defense in tax-related laundering.
FBAR Violations and Foreign Account Reporting Failures
50%-of-balance willful penalties stack across years and accounts. Streamlined Filing Compliance Procedures and Voluntary Disclosure.
Federal Defense (Common Federal Crimes)
Federal Bank Fraud Charges: 18 U.S.C. § 1344 Defense
30 years per count. Loughrin elements, 10-year statute of limitations, and Sentencing Guidelines exposure.
Mail Fraud Defense: 18 U.S.C. § 1341
The "Stradivarius" of federal prosecution. 20-year felony reaching any scheme using the mails. Honest services and Skilling limitations.
Federal Identity Theft and Aggravated Identity Theft: §§ 1028 and 1028A
Mandatory consecutive 2-year sentence under § 1028A. Dubin v. United States limitation and the Flores-Figueroa knowledge requirement.
Federal Drug Trafficking: 21 U.S.C. § 841 Quantities and Penalties
5, 10, and 20-year mandatory minimums. § 851 enhancements, Safety Valve under § 3553(f), and quantity-attribution defense.
Federal Money Laundering Charges: 18 U.S.C. § 1956 Defense
20-year felony. Promotion, concealment, international, and sting variants. Cuellar and Santos limitations.
Federal RICO Charges: 18 U.S.C. § 1962 Explained
Enterprise, pattern, and predicates. Boyle structure analysis and H.J. Inc. continuity-plus-relationship test.
Federal Bribery and Public Corruption: 18 U.S.C. § 201
15-year bribery and 2-year gratuity. McDonnell "official act" limitation and First Amendment protection for political contributions.
Federal Hobbs Act Robbery and Extortion: 18 U.S.C. § 1951
Private extortion and color-of-official-right public corruption. § 924(c) firearm enhancement stacking.
Federal Carjacking: 18 U.S.C. § 2119 Charges
15-year base, 25-year for serious bodily injury, life or death for fatalities. Holloway conditional intent element.
Federal Threatening Communications: 18 U.S.C. § 875
Interstate threats reach text messages, social media, and email. Elonis recklessness standard and First Amendment "true threat" doctrine.
Theft & Property Crimes
Texas Credit Card Abuse Charges: Penal Code § 32.31 Defense
One swipe of someone else's credit card — even at a gas station — can result in a state jail felony conviction in Texas. Here is how Penal Code § 32.31 works and how to defend against credit card abuse charges.
Identity Theft in Texas: State and Federal Charges Explained
Identity theft charges can be prosecuted by Texas state courts or federal courts — and the aggregate penalties can exceed 25 years. Here is how identity theft works in both systems.
Texas Burglary Charges: Habitation vs. Vehicle vs. Building
Texas treats burglary differently depending on what was entered. Burglary of a habitation carries decades of potential prison time, while burglary of a building or vehicle carries lower penalties. Here is how § 30.02 works.
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