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Gary Medlin
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Federal child pornography offenses carry long jail terms even when an offender has no previous convictions. In 2017, a 39-year-old Burleson man learned he was facing up to 40 years in federal prison after being convicted over obscene photographs.

Daryl Glenn Pawlak was accused by federal prosecutors of viewing child pornography on a website that was run temporarily by the U.S. government, reported the Star-Telegram.

Government agents said that Pawlak spent over 14 hours accessing child pornography on his computer. He accessed an illegal, members-only site on the dark net called Playpen.

The federal government subjected Playpen to a sting operation after the FBI discovered Playpen was being run within the United States.

The feds seized the server of the website over the course of the two-week operation and Playpen.  Pawlak was caught during that time after agents deployed software that could show users and track images of underage girls in compromising sexual situations. The feds said Pawlak and others were accessing these images.

The sting operation proved to be controversial. Lawyers for the defendants argued the federal sting operation that was meant to protect children endangered them because they were treated like bait.

Objections from the defense team made in Pawlak’s case were either blocked or overturned by the federal court.

Earlier in 2017, the FBI reported it sentenced the creator and main administrator of Playpen, a site believed to be the world’s largest child pornography website, to 30 years in prison.

Prosecutors said more than 150,000 people were accessing the site. They accused Steven W. Chase, a 58-year-old man, of Naples in Florida, of setting up the site in 2014.

The feds said users of the site were able to communicate anonymously through so-called “hidden service” websites. Chase ran Playpen where members uploaded and viewed images of thousands of young sex abuse victims.

Texas has been the target of numerous child pornography stings. Typically, they involved many local and federal agencies and involve heavy sentences. The Medlin Law Firm represents defendants in these complex cases. Call us if you have been charged with a crime related to child pornography or a related matter today.

Gary Medlin
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When the FBI released its most dangerous cities in the fall of 2017, the rankings came as a surprise to the city of Robstown.

The city of more than 11,000 people near Corpus Christie topped the list of violent cities in the Lone Star State, reported KIII News.

The Robstown Police Department disputed the high violent crime rate, the channel reported.

The FBI reported  Robstown had 202 violent crimes in 2016 — a very high number of violent crimes for a city with a population of just over 11,000.

Robstown police told the TV station it was shocked to learn the city topped the violent crime table. The department disputed the FBI’s figures.

Robstown police said the FBI statistics included two murders in 2016, but they say the city recorded none. The report also said Robstown had 193 aggravated assault cases. The Department says it only had 14.

Although the violent crime figures were disputed by the police department, local officials wanted to look at them again before taking an official stance.

Nearby Mathis also ranked 16th on the list of most dangerous cities in Texas, and Sinton ranked 20th.

The cities that are experiencing the most rapid rise in violent crime are Lubbock, Odessa and Abilene, San Angelo, and Sherman. These last three cities saw increases in violent offenses of more than 30 percent.

Violent crime rose by about 20 percent in Brownsville and Waco, and more than 15 percent in Midland and Corpus Christi.

No clear geographical patterns were identified and cities with rises in violent crime were found in West, Central, North, and South Texas. While the murder rate in 2016 in Brownsville and Corpus Christie remained similar to the previous year, it shot up dramatically in Abilene and Waco, tripling in the latter.

The City of Dallas ranked at 26 with a crime rate of 762 per 100,000 people. Houston ranked at number 11 with a crime rate of 1,026 per 100,000 people.

The list of most dangerous cities in Texas differs from year to year. It can depend on methodology and a range of factors.

However, Odessa usually emerges as one of the most violent cities in the state.

The city in western Texas was highlighted as the 66th most dangerous city in the nation in a list of the 100 most hazardous cities, and the chances of becoming a victim of a violent crime here are 1 in 95.

Beaumont also appeared in the survey. It was the 92nd most dangerous city in the country. It had a violent crime rate of 9.28 per 1,000 residents compared to a Texas average of 4.12.

If you have been charged with a violent crime, it’s vital to receive experienced criminal defense representation. Please contact our Fort Worth lawyers.

Gary Medlin
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If you mistreat a pet in Texas you can face animal cruelty charges. That extends to neglect and the dumping of animals.

Recently in Dallas, a man was arrested after new cameras purchased to tackle illegal dumping picked up a man who was allegedly dumping a puppy at a notorious site in the city.

The news channel NBC4 reported the Dallas Marshall’s Office joined forces with the SPCA of Texas to install security cameras at known dumping sites across the city.

Investigators reported one of those new cameras allegedly captured 62-year-old Gorge Spears abandoning a 1-year-old mixed breed dog. The dumping site, close to Teagarden and Dowdy Ferry roads, is one of Dallas’ most notorious dumping locations the Dallas Morning News reported. Dogs, waste and even human bodies have been left at the site.

The TV report said the man purportedly pulled over to the side of the highway. He was seen getting out of his car and coaxing out the dog. He then got in the vehicle and drove away.

The SPCA of Texas said Spears had later admitted to dumping the dog. He told investigators he was trying to help his sister by getting rid of the dog she was unable to control the dog.

Spears was booked on a Class A misdemeanor charge of cruelty to animals. The dog was adopted a few days after the incident.

The SPCA of Texas said the incident marked the first time the cameras captured an alleged instance of animal cruelty that led to an arrest.

In recent years, Texas strengthened its animal cruelty laws. These cases often make headlines.

In early 2017, for instance, a man was charged with stabbing a dog to death behind a business in Irving in Texas.

A report on a CBS news channel, noted that Joseph Ray Schell, 60 was hit with a charge of Cruelty to Nonlivestock Animals in March. The report said the alleged offense took place on Feb. 26.

In Texas, animal cruelty offenses were charged as misdemeanors before the state legislature enacted “Loco’s Law” in 2001. The law carried the name of a puppy whose eyes were intentionally gouged out.

If you or a family member has been charged with an animal cruelty offense, you should call our Tarrant County criminal defense lawyers today.

Gary Medlin
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Texas has a reputation for being tough on crimes like DWIs and homicides. However, it came under fire in a survey for its record on reckless driving.

A report in 2015 by WalletHub, a social media company that probes government and financial matters, found Texas is more hands-off when it comes to reckless driving and speeding.

The WalletHub study found that Texas was the least strict of all 50 states and the District of Columbia in terms of passing laws against speeding and reckless driving, and punishing the violators.

A report in the Star-Telegram noted safety experts considered a wide range of criteria and created a point system to rank the states.

Texas was seen as more lax on reckless driving and speeding because it fails to define reckless driving in terms of miles-per-hour.

In this respect, Texas differs from southern states such as Arkansas and Louisiana where a driver traveling 15 mph over the posted speed limit is considered a reckless driver.

Texas was also seen as lagging behind other states because it:

  1. Lacks a law prohibiting racing on the roads. Many Texas cities address this issue in particular ordinances.
  2. Fails to deploy speed cameras for automatic enforcement.
  3. Does not require minimum jail time or the suspension of a license for first-time reckless drivers.

The WalletHub survey found the possible penalties for speeding and reckless driving can be less in Texas.

In Texas, the minimum fine for a first or a second reckless driving offenses is $200.

Other states impose penalties of $500, $1,000 and even $5,000 in the case of Washington State.

In contrast, highways in Texas have some of the most liberal speed limits in the country. The study pointed out 85 mph is posted on Texas 130 between Austin and Seguin, while 80 mph is posted on hundred miles of Interstates 10 and 20 in western Texas.

However, many Texas cities have their own ordinances to crack down on speeders

Texas defines reckless driving as driving a vehicle with wilful or wanton disregard for the safety of persons or property.

Notwithstanding this survey, we are well aware that Texas takes many driving offenses seriously and offenses like DWIs leave drivers facing the loss of their license.

Please call the Medlin Law Firm for a free consultation if you have been charged with a driving offense.

Gary Medlin
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For decades, 17-year-old defendants have been treated like adults in the Texas criminal justice system. However, the state is being targeted by raise the age advocates.

Recently, New York became the latest state to raise the age of people who are charged and imprisoned as adults. In 2017, juvenile justice advocates celebrated a decision by the state to stop treating 16 and 17-year-olds as adults.

By October 2019, teenagers under the age of 18 will no longer be sent to jails and prisons that house much older offenders, reported Think Progress.

Those opposed to the current system said it exposed young offenders to violence and made them more likely to wind up as lifelong offenders.

New York was one of just two states with a policy of prosecuting all 16- and 17-year-olds as adults. Under a provision in the $163 billion state budget passed by the state legislature, it will divert 16 and 17-year-olds to family and youth courts and hold them in juvenile facilities.

New York will raise its age of criminal responsibility to 17 by October 2018 and to 18 a year after.

Texas has to date held out against change despite a raft of bills to raise its age of criminal responsibility.

In the fall of 2017, the Texas Criminal Justice Coalition again urged lawmakers to raise the age of criminal responsibility from 17 to 18 during the next legislative session.

A press conference in October was attended by The ACLU of Texas, Texans Care for Children, Texas Appleseed, Texas PTA, and Disability Rights Texas.

State Rep. Gene Wu, D-Houston, is backing change. He said:

“Back in 2013 when I was first elected, Texas was one of 12 states left that had not raised the age. By 2015, we were one of nine states left. As of the session in 2017, we were one of seven states. By the end of the session, we were beaten by New York and became one of six states and now, one of five states.”

In Texas, 17-year-olds have been treated like adults in the courts since 1918. The case for raising the age is becoming more persuasive and incudes new regulations for separating adults and juveniles in jails that will cost millions of dollars to implement.

The Medlin Law Firm has 50 years of combined experience in representing young people charged with offenses.

Gary Medlin
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A mass shooting in Texas last year highlighted the law that spells out why domestic abusers are banned from owning or possessing guns as well as its major loopholes.

In November, Devin Patrick Kelley shot and killed 26 people at the First Baptist Church in Sutherland Springs, Texas.

Kelley should not have been allowed to buy guns. He was convicted in a military court of domestic violence. Many mass shooters have a history of abuse and violence toward women and family members. In most cases, they found it easy to own guns.

In the same month as the Texas shootings, a domestic abuser in California shot and killed five people including his wife.

A report on WTOP noted underreporting of domestic violence was just one problem that’s putting guns in the hands of abusers.

 

A study from the gun-safety group Everytown for Gun Safety found a staggering 54 percent of mass shootings were related to domestic violence.

Kelley, 26, has been previously convicted by a general court-martial on two charges of domestic assault while he was in the air force. He was dishonorably discharged.

Due to his domestic assault conviction, he should not have been allowed to buy or own a gun.

The Lautenberg Amendment enacted in 1996 to amend the Gun Control Act of 1968 establishes a regulatory framework to prevent the use of firearms in domestic violence offenses.

The amendment stops the possession of firearms by anyone convicted of a misdemeanor crime of domestic violence. The amendment should prevent the knowing sale or disposition of any gun or ammunition to people with a domestic violence conviction.

The 1968 act prohibits anyone convicted of a felony and anyone subject to a domestic violence protective order from possessing a firearm. However, the Lautenberg Amendment covers misdemeanors. The U.S. Supreme Court upheld the ban on domestic abusers owning or possessing firearms as recently as 2016.

The Air Force subsequently launched its own internal review into why it failed to pass on important information to the FBI that should have prevented Kelley from purchasing firearms, reported the Washington Post.

The issue related to branches of the military failing to pass on information about domestic violence may be more widespread than feared.

The Giffords Law Center to Prevent Gun Violence reported it reviewed numerous military documents concerning the compliance with the Lautenberg Amendment. It said it had not identified a procedure by the Air Force for reporting domestic violence convictions to the FBI.

Even in Texas which has liberal gun laws, you may be charged with a firearms crime. If you or a family member has been charged with a gun crime, call our experienced Tarrant County criminal defense lawyers today.

Gary Medlin
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It may seem like an unorthodox defense, but the devil has come up frequently in criminal trials in Texas where defendants have attempted to use Satan to explain away crimes.

The phenomenon was highlighted recently in an article in the Houston Chronicle. The writer pointed out blaming Satan for a crime does not work in Texas or elsewhere.

As recently as 2016, a defendant in Texas blamed the devil for the shooting of two teenagers, a crime that led to the death of one of them.

Kody Lott, 20, admitted to the killing of Lauren Landavazo, 13, in September 2016. Lott told police officers that he was frustrated that he was single and decided to shoot the teens after talking to the devil.

The crime occurred in Wichita Falls as Smith and Landavazo were walking home from their school.

Lott told officers he was also upset that the media called the incident senseless.

The defendant was charged with one count of possession of a prohibited weapon, a count of murder and one count of aggravated assault. His bail was set at $4 million.

In a column in the Huffington Post, Herb Silverman, founder and president of the Secular Coalition for America, coined Lotts’ reasoning the “Satan defense.”

He wrote:

“People accused of crimes have occasionally used a ‘Satan defense,’ blaming demonic possession for their actions. Some might even believe their own narrative, just as some people believe aliens have abducted them. And that reminds me of comedian Flip Wilson’s character, Geraldine, who always excused her bad behavior with ‘The Devil made me do it’.”

He urged people to take responsibility for their actions rather than blaming outside forces.

Unusual defenses of this nature seldom work, although there are some exceptions.

In 1978, Dan White faced the death penalties over the murder of Harvey Milk and May George Moscone of San Francisco.

White’s lawyers argued diminished capacity, given his bouts of depression. They claimed in the days before the killing he would eat only Twinkies. The attorneys argued the food showed his state of mind, and the jury acquitted him of murder, convicting him instead of voluntary manslaughter.

White was sentenced to eight years in prison and the so-called “Twinkie defense” was born.

Unusual defenses of this nature rarely work. If you are convicted of a serious crime like a homicide, you should hire an experienced Texas defense lawyer who will rely on strategies that work.

Gary Medlin
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People with criminal records find it difficult to obtain or retain employment in Texas at the best of times. A serious offense on your record may render you unemployable. Even a misdemeanor like a DWI can seriously impact your future.

Recently, The Nation, noted how a major change for employees with a criminal record may be underway.

Under Title VII of the Civil Rights Act of 1964 blanket employment discrimination based on your criminal record is prohibited.

The federal government imposed this restriction because of the disproportionate amount of crimes committed by minorities in areas with low incomes. Black Americans are locked up at six times the rate of whites, according to research from the Pew Research Center.

The Equal Employment Opportunity Commission instructs employers in Texas and elsewhere to weigh up a series of factors when assessing an applicant with a criminal background.

Factors including the nature and gravity of the offense should be considered. The employer must look at how much time has passed since the offense, whether rehabilitation has taken place, and whether a previous criminal offense has a direct connection to the position being sought.

Texas has been working to remove these legal safeguards to make it even more difficult for people with criminal records to obtain employment.

The Nation report pointed out four years ago, Texas attorney general Greg Abbott, the present governor, filed a lawsuit to block the EEOC order.

Abbott asked a federal court to make a declaratory judgment stating it is legal for state agencies to deny employment to people with criminal records. Abbott sought to block the EEOC from issuing right-to-sue letters, a legal notification the federal agency sends out when it finds there are grounds for a discrimination claim.

Although the lawsuit was initially dismissed, the U.S. Court of Appeals for the Fifth Circuit revived in 2016 because the State of Texas was impacted by the guidance as an employer bound by Title VII.

In August 2017, the NAACP Legal Defense and Educational Fund in tandem with the National Employment Law Project and lawyers from two private firms filed a motion to intervene in the case.

The group tried to make Beverly Harrison, a Dallas crossing guard who lost her job due to a criminal record, and the Texas Conference of the NAACP new defendants.

The parties wanted to defend the EEOC guidance in court. Just weeks later, U.S. District Judge Sam Cummings denied the motion. The EEOC and Department of Justice said it would “vigorously litigate” the case.

Lawyers for the NAACP are less confident the Trump administration will defend the guidance given the track record of Attorney General Jeff Sessions.

If you have a criminal record in Texas, even the most basic of accomplishments can be an uphill task. If you have been charged with a crime, it’s important to contact our experienced Tarrant County criminal defense lawyers as soon as possible.

Gary Medlin
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On occasions, suspects accused of driving while intoxicated will take extreme measures to evade the law. In a recent case, a driver was arrested after driving into a lake.

A report on ABC12 noted police in Arlington said officers gave chase to suspect Daniel Basham after getting reports that an impaired driver had struck another vehicle.

As a police officer pursued Basham, the 40-year-old man drove his vehicle into Lake Arlington.

Police said Basham allegedly jumped out of his car and attempted to swim to the Fort Worth side of the lake. They said Basham eventually gave up trying to elude the police and swam back to officers, who arrested him.

ABC12 reported Basham was subsequently charged with driving while intoxicated (DWI), evading arrest and possession of a controlled substance.

If a police officer attempts to stop you over a suspected DWI you should always comply and never seek to escape from the police. You may be hit with additional charges like evading arrest and worse as happened in the case in Arlington. However, suspects to continue to attempt to elude police.

In 2016, a DWI stop in Texas ended in injury for an El Paso police officer who was struck by a driver as he conducted a field sobriety test.

The TV channel KVIA reported the incident occurred in December 2016. The officer, Andy Rodriguez, was conducting a field sobriety test on a driver who had been involved in a crash when another alleged drunk driver hit a patrol car. The car then headed toward the officer and the man taking a test for drunk driving.

The 23-year-old driver of the car who hit the officer was charged with DWI. A court report said she failed six out of eight times when asked by an officer walk in a straight line as part of field sobriety tests and three out of four times when asked to stand on one leg.

Find out more about breath tests in the State of Texas on our website. If you have been charged with DWI, it’s important to mount a strong defense. Call our Tarrant County criminal defense lawyer today for a free consultation about your case.

Gary Medlin
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Crime at universities and colleges has made lurid headlines in recent years. However, a series of reports point to recent falls in offenses at East Texas colleges and other academic institutions.

Although rapes make most of the headlines, college crime is typically of a less serious nature

LeTourneau University doesn’t see much major crime, campus Police Chief Michael Schultz told the Longview News-Journal. The university’s most pressing crime issue is petty theft.

Schulz said the small nature of the campus at LeTourneau means officers patrolling 24/7 can be highly effective.

He said crime fell at most Longview colleges. Over the past three years, the institutions have reported falls in more serious crimes like rape and burglary, according to data made public under the Clery Act.

The act is named after Jeanne Clery who was raped and murdered in April 1986 in Stoughton Hall at Lehigh University in Pennsylvania.

The act requires any academic institution receiving federal funds to release information about campus security and crime every year.

Colleges must submit data on offenses including murders, sex assaults, aggravated assault, robbery, burglary, car theft and arson, as well as hate crimes, violent offenses against women, and arrests and referrals for disciplinary action for drugs, weapons, and alcohol. The reports are forwarded to the U.S. Department of Education.

Colleges and universities are also mandated to include policy statements related to crime reporting, security on the campus, and measures concerning crime prevention and response to sexual assault.

The reports of most East Texas colleges showed campus crime declined in 2016.

The FBI figures from 2016 found Rice University, a private institution in Houston had the highest number of violent incidents – 134 incidents of violent crime incidents per 100,000 students and nine violent crimes.

Southern Methodist University in Dallas reported 13 violent crimes in 2016, a rate of 112 per 100,000 students.

Baylor University in Waco hit the headlines over sexual assaults linked to its football team. As many as 19 players were reported to be involved in the scandal.

A sexual assault is one of the most serious offenses you can be accused of. However, prosecutors often bring these changes on uncorroborated evidence.

If you have been charged with a sex crime in Texas, please contact our Tarrant County criminal defense lawyers today.