Sears Bennett Gerdes LLPGalveston County Criminal Law Attorney | League City Criminal Defense2026-10-05T19:52:48Zhttps://www.searsandbennett.com/feed/atom/WordPressOn Behalf of Sears Bennett Gerdes LLP<![CDATA[Could you bring marijuana into Texas from another state?]]>https://www.searsandbennett.com/?p=474762026-10-05T19:52:48Z2026-10-05T19:52:48ZMarijuana laws in the United States have gotten fairly complicated. For decades, marijuana was prohibited at both the state and federal levels, all across the country. But that has now changed significantly, so there are many states where marijuana is legal for either medical or recreational purposes.
In Texas, some types of CBD containing THC are allowed. However, recreational marijuana products are still generally prohibited.What some Texas residents wonder, then, is if they could just travel to another state where they can buy these recreational products, as long as they are 21 years old. After doing so, since that purchase was legal, could they then bring the products back with them to Texas? Would that be enough to avoid drug charges?
2 main legal concerns
There are two legal concerns with doing this. The first is simple: Regardless of where you buy marijuana products, you are still bound by the laws of Texas once you re-enter the state. So you could face drug possession charges, even if you can show proof that you made a legal purchase at a dispensary in another state.The second issue is that crossing state lines makes it a federal issue. If you drove into Texas from another state, the federal government could then take jurisdiction over that activity. Federally, marijuana is still prohibited, so you could face legal charges on that front, as well.As laws change, it is important for people to understand exactly what is and is not prohibited. If a misunderstanding leads to serious criminal charges, be sure you know what legal options you have.
]]>On Behalf of Sears Bennett Gerdes LLP<![CDATA[Do you have to let the police search your home?]]>https://www.searsandbennett.com/?p=474732026-09-22T16:12:02Z2026-09-22T16:12:02ZDuring a criminal investigation, the police may want to conduct a search of your home. Perhaps they believe that you have been selling illicit substances, for example, and they think they will find evidence like illegal drugs, drug paraphernalia, or large amounts of cash in your house.
If a police officer asks to come inside and perform a search, they are just looking for your consent. You can provide consent, authorizing a legal search of the house, but there is no obligation to do so. You also have the option to say no.
What will the police do next?
If you do refuse to voluntarily allow the police to enter your home, the police still have options. The main one that they will utilize is to get a search warrant.There are certain steps they have to take to do this. They must demonstrate probable cause to a judge. The judge then issues a warrant that applies to your specific property. It may also have limitations, like a certain date or time when it can be executed. Once the police have a warrant, they can enter your house even if you do not give them consent. In fact, there are cases in which they can arrive when no one is home and use the warrant to gain entry to your property without speaking to you at all. If you are at home, it is important not to interfere with their entry or search, even if you disagree with the basis for the warrant, since that can lead to additonial charges.That being said, if the police illegally enter without a warrant or do not follow the instructions listed, it could invalidate evidence that they find. It is very important to understand how police searches and seizures work and what legal options you have when facing charges.]]>On Behalf of Sears Bennett Gerdes LLP<![CDATA[Police look for these signs of impaired driving]]>https://www.searsandbennett.com/?p=474702026-09-10T15:18:03Z2026-09-10T15:18:03ZEven when making a valid DWI stop, the police need a reason to stop the vehicle. They cannot randomly pull over vehicles just to look for drivers who are over the legal limit. They need reasonable suspicion for the initial traffic stop.
In many cases, police officers will develop this reasonable suspicion simply by looking for driving errors that may indicate impairment. These mistakes themselves do not prove impairment, but they can be the catalyst for the initial traffic stop, where the police may gather other evidence, such as by administering a breath test.
Potential signs of impaired driving
Many driving mistakes happen due to inattention -- but the odds that a driver will make certain errors tends to rise when alcohol is involved. Although every case is unique, some of the indicators police may look for include:
A driver who accelerates or decelerates quickly
Someone who is excessively speeding or driving well under the speed limit
A driver who has their headlights off, even after dark
Someone who keeps swerving back and forth in their lane or driving with tires on either side of the centerline
A driver who makes unsure or sloppy maneuvers, such as an excessively wide turn
Someone who does not respond as expected to changing traffic conditions around them, such as someone who does not move after a traffic light turns green
A driver who narrowly avoids getting into an accident and has a near miss
A driver who makes unexpected errors, like driving the wrong direction on a one-way road
If you do find yourself facing DWI charges, one potential part of your defense may be claiming that the police lacked reasonable suspicion for the traffic stop. It is crucial that you know exactly what defense options you have.]]>On Behalf of Sears Bennett Gerdes LLP<![CDATA[A drug’s schedule may affect criminal charges and penalties]]>https://www.searsandbennett.com/?p=474692026-08-29T22:56:11Z2026-08-29T22:56:11ZWhat is a drug schedule?
There are schedules of drugs enshrined in both federal and state statutes. The scheduling system allows for a broad categorization of medication and other substances based on their usefulness for medical purposes and likelihood of abuse.
Schedule I substances are the most dangerous. They pose the highest risk of abuse and addiction. They may not have any valid medical purpose other than preventing withdrawal symptoms in those actively dealing with addiction.
Schedule II substances are high risk for abuse and addiction but have acknowledged medical functions. Schedule III drugs are less likely to cause addiction or be misused by patients. Schedule IV and Schedule V drugs are the least likely to be abused and have well-established medical uses.
The lower the schedule number, the more serious the criminal penalties imposed for a drug offense. Restrictions on Schedule I and Schedule II drugs are stricter than the rules that apply to Schedule III and IV drugs. The weight limits for more serious charges and minimum penalties differ based on the schedule classification of a specific drug.
Understanding how the state treats a specific substance is important for those hoping to fight pending drug charges. A discussion with an attorney can help people understand the schedule of a drug, the charges the state intends to bring and the possible penalties at issue in the event of a conviction.]]>On Behalf of Sears Bennett Gerdes LLP<![CDATA[What is the legal limit in Texas?]]>https://www.searsandbennett.com/?p=474682026-08-10T17:05:02Z2026-08-10T17:05:02ZThe legal limit in Texas is very important because it defines when the government can presume that someone was impaired by alcohol that they had consumed. If they reach or exceed this limit, it can lead to a DWI arrest. As long as the initial traffic stop was legal and based upon reasonable suspicion, a failed breath test can be used as evidence in a DWI case.
Generally speaking, most drivers in Texas have a legal limit of 0.08%. Exactly how fast a person reaches this level depends on the type of alcohol they consume, how quickly they do so, their physical size and many other factors. But for adults over 21, having enough drinks to reach this threshold means that they can no longer legally operate a motor vehicle, even if they claim that they feel sober enough to do so safely.
2 groups with a lower limit
That being said, there are two specific groups of drivers who have a lower legal limit. The first group consists of commercial drivers. Their legal limit is just 0.04%.The second group is underage drivers. Texas has strict zero-tolerance laws, setting their limit at 0.0%. Because someone under 21 cannot legally drink, the presence of any alcohol in their system could lead to DWI charges. This sometimes means that a young person who only had half a drink and does not feel impaired, for example, could still fail a breath test.
DWI defense options
A DWI can be expensive; it can lead to the loss of a driver’s license, and it can even lead to incarceration. Those facing such serious ramifications must know what defense options they have at this time.
]]>On Behalf of Sears Bennett Gerdes LLP<![CDATA[Can you be charged with receiving stolen property in Texas?]]>https://www.searsandbennett.com/?p=474672026-08-07T07:38:11Z2026-08-07T07:28:44ZWhat receiving stolen property means
Texas does not recognize a separate offense called "receiving stolen property." Instead, Tex. Penal Code § 31.03 allows prosecutors to pursue a theft charge when a person unlawfully appropriates property knowing another person stole it. Possessing stolen property alone does not support a conviction. Prosecutors must prove that the person actually knew the property was stolen when the person appropriated it.
Intent plays a central role in these cases, so the specific facts often determine the outcome.
Facts that may be matter
Investigators examine the surrounding circumstances to determine whether evidence shows that a person knew property was stolen. They may consider factors such as:
Buying expensive items for a price far below their usual value
Purchasing goods in unusual or suspicious locations
Accepting property with altered or missing serial numbers
Keeping property after learning someone reported it as stolen
These facts do not establish guilt on their own. Investigators evaluate receipts, communications, witness statements and other evidence alongside these facts to determine whether prosecutors can prove the required mental state.
How investigators build a case
The value and type of the property determine the level of a theft charge and the potential penalties under Texas law. During an investigation, law enforcement reviews receipts, text messages, surveillance footage and witness statements to determine whether the evidence shows that the person knew the property was stolen.
Receiving stolen property allegations require careful review of the facts. Prosecutors must prove every element of the offense beyond a reasonable doubt, including that the person actually knew the property was stolen.]]>On Behalf of Sears Bennett Gerdes LLP<![CDATA[How can a drunk driving charge affect your life?]]>https://www.searsandbennett.com/?p=474662026-07-21T19:55:49Z2026-07-21T19:55:49ZBeing charged with a driving while intoxicated (DWI) or a related drunk driving charge can significantly impact your life for a long time. That’s why it’s crucial to know how to defend yourself when facing such a charge.
Below are three areas in your life that a drunk driving charge can affect:
Driving privileges
A DWI or related drunk driving charge can lead to the suspension of your driving privileges even before a conviction. Since Texas is an implied consent state, refusing to submit to testing after a lawful DWI arrest can lead to an automatic license suspension for not less than 180 days.Being convicted of a DWI for the first time can lead to the loss of a driver license for up to a year, a fine of up to $2,000, and up to 180 days in jail (with three mandatory days). These penalties become harsher with subsequent offenses.
Criminal record
A DWI conviction becomes a part of your criminal record. Thus, it will show up on background checks done by an employer, landlord, or licensing agency. Accordingly, it can restrict your opportunities. Some jobs, especially driving-related roles, reject applicants with a DWI conviction. Landlords who use strict criminal background checks consider people with a DWI, particularly a recent one, a risk to tenant safety. Further, professional licensing boards, such as the Texas Board of Nursing, Texas Medical Board, State Board for Educator Certification and Texas Real Estate Commission, can deny or suspend one’s license because of a DWI conviction.
Personal relationships
A DWI conviction can strain your personal relationships. Your loved ones may feel disappointed. Also, it can be used to question your judgment and parental fitness if you are in a child custody battle or co-parenting agreement.A DWI conviction can negatively impact several areas of your life. Consider legal guidance to protect yourself.
]]>On Behalf of Sears Bennett Gerdes LLP<![CDATA[Understanding a theft of service charge in Texas]]>https://www.searsandbennett.com/?p=474652026-07-08T03:23:06Z2026-07-08T03:23:06ZHow theft of services happens
These charges arise in many everyday situations. Here are some common situations that can trigger theft of service charges in Texas:
Failure to pay for completed work
Leaving a business without paying for services
Using utilities without authorization
Disputes over partial or incomplete services
Providing false information to obtain services
These situations can involve unclear communications, billing errors or even assumptions about payment terms, meaning facts matter in every case.
Evidence used in service theft cases
Texas courts rely on a wide range of evidence to determine whether a person intended to avoid payment for services rendered. Records such as invoices, text messages, service agreements and witness statements often play a central role.
Digital records can also influence the outcome because many service transactions occur online. These records help show whether the issue stems from miscommunication or deliberate avoidance.
Defense options when facing charges
A sound defense focuses on the specific facts and the intent behind the disputed service. Many cases involve honest misunderstandings or unclear expectations. Common defense approaches that can address these issues and help clarify what actually happened include:
Lack of intent to avoid payment
Errors in billing or invoicing
Disputes over service quality or completion
Incorrect identification of the responsible party
Insufficient evidence of deliberate conduct
With strong legal support, you can better defend against a theft of service accusations in Texas.]]>On Behalf of Sears Bennett Gerdes LLP<![CDATA[When police officers misinterpret a domestic situation]]>https://www.searsandbennett.com/?p=474632026-06-19T00:17:35Z2026-06-19T00:17:35ZCorrecting an inaccurate narrative
Police officers hear statements from people who may not know the dynamic in the home when they call for assistance. They may overhear partial conversations and see signs of injuries or property damage when they arrive.
What they notice might actually be indicative of attempts at self-defense or an emotional reaction to ongoing domestic violence. Someone accused of domestic violence could theoretically mount a defense by showing that they acted to protect themselves from the other party's volatile conduct.
Other times, evidence of a history of domestic violence could raise questions about whether the conduct officers witnessed was actually reactive abuse. Those subject to physical and psychological torment for protracted periods may respond in an erratic manner that seems unnecessarily aggressive to those unfamiliar with their situation.
Changing the story around a domestic violence arrest can potentially protect defendants from convictions or the worst sentences possible. What police officers see when they arrive is often only a fraction of the whole story.
A criminal defense attorney can help domestic violence defendants determine what specific defense strategies could be effective. Providing more insight into relationship dynamics or the history of family disputes could play an important role in a successful domestic violence defense strategy accordingly.]]>On Behalf of Sears Bennett Gerdes LLP<![CDATA[How embezzlement can differ from other types of theft]]>https://www.searsandbennett.com/?p=474622026-06-11T09:30:11Z2026-06-11T09:30:11ZEmbezzlement is a type of theft. It is a white collar crime in which someone is essentially being accused of stealing from the company they work for. This charge is often leveled against executives, such as a chief financial officer, but any employee could technically be accused of theft from the business.
The big difference with most embezzlement charges, however, is that they focus on the misappropriation of assets that the company owns. This makes the offense a bit different from other types of direct theft.
Misusing the funds
Misappropriation means that the individual in question used the funds in a way that was not intended. They breached their fiduciary duty to the business. They took steps that were focused on personal gain but were not authorized.For instance, the financial officer at a company may be granted access to the company's bank accounts so that they can make key transfers, payments and other financial decisions. If an outside party gained access to that bank account and took the money, it would be a form of theft because that person was never authorized to access the funds in the first place.For the financial officer, access is not the issue. The trouble comes when they use the money in a way that was not intended, such as transferring it into a personal bank account or using the money to buy personal assets. Simply showing that the person accessed the accounts does not necessarily prove any wrongdoing. The prosecution would have to take another step and show that the individual misappropriated those funds after gaining access.If you are facing charges for embezzlement or other white collar crimes, they can have a major impact on your future and your career. Be sure you know what legal defense options you have.
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