Obama and Texas Gov. Rick Perry Don’t Agree On Immigration Laws

President Obama plans on fixing a broken immigration system, but Rick Perry does not always agree with his methods. Obama has dedicated more resources than any other president to help secure our borders and to improve our legal immigration system. His plans are to make a fair immigration system that focuses on keeping out people who may be a threat to our communities, while allowing thriving members of society to apply for legal citizenship.

One of the issues Gov. Rick Perry has with Obama’s new program is The Deferred Action for childhood Arrivals (DACA) Policy. This policy allows anyone under the age of 30, who was brought illegally to America before they were 16, to avoid deportation for a two year period (other stipulations apply). Perry claims that this “prosecutorial discretion”undermines the state law.

Perry has supported many laws in the past that favor immigrants, however this change could effect 1000’s of people living in Texas, who may now be able to stay legally and be allowed extra time to obtain legal citizenship.

Talking To Your Children About Drugs

If you have not already had the talk with your kids about drugs, then it’s time you do. Drug crimes in Texas carry serious consequences, even for minors. Regardless of how small the crime may seem, if your child has been charged with a crime, you need to contact us immediately so we can help protect them and their future.

Talking to your children about drugs is important for both families and the school system. The DARE system that used to be taught in schools was proven to be ineffective against drugs, so families need to do a better job informing their kids about drugs. Here are a few tips that will help you with this conversation.

Start talking to your children at an early age about drugs and alcohol. Don’t be afraid to make your children aware of drugs at an early age. They need to know the dangers and problems with drugs before they have the opportunity to use them. By the time your children are teens, they will likely have friends who have tried drugs or alcohol and may have even tried themselves. It’s recommended to speak to your children about drugs around the ages of 8-10 years old.

Do not be afraid to confront your children about drugs and do it as quickly as possible. If you think your son or daughter may be using drugs, you need to confront them immediately. Studies show that the earlier kids start to drink or use drugs, the better their chances of becoming an addict are. Confront the problem as early as possible, while it is still a conscience choice they are making, rather than a habit. If you think they are using drugs, don’t be afraid to show them real life examples or tell them about people you know when addictions.

Be extremely clear about your expectations and the consequences of doing drugs. When making rules about drugs, you need to be very specific about your expectations. Your children need to be 100% clear about where you stand when it comes to drugs and alcohol. Many parents even use a written agreement about drugs and the consequences if the child is caught using drugs. Separated parents need to agree on the rules as well, so they are the same for both households.

Regardless of how you talk to your kids about drugs, you need to do it early and do it on a regular basis, since their lives will be constantly changing. They will hear about drugs in a positive way from their friends and peers at school, so you need to make sure you are consistent with your message about drugs and alcohol.

Immigration Laws In Texas Are Constantly Changing

Every year the Texas immigration laws are changing and new bills are filed to try and improve the immigration problems in the state. But many politicians want to see drastic laws put into effect that will take away our freedom.

They want to make it harder for immigrants to live and work in Texas cities and some even want to take it as far as a “Show me your papers” law, similar to what was proposed in Arizona, where the police could stop anyone and ask for identification, just because they look suspicious. These types of laws are not ethical and should never even be considered for our state.

Other laws that were proposed would make it a crime for illegal immigrants to work in the state and would make it easier for national immigration laws to be enforced. Currently in Texas, there are many cities and communities where illegal immigrants are protected from these federal laws, but new laws may prevent local law enforcement officials from protecting these communities.

With these laws constantly changes and becoming more strict, it is important to establish you and your family legally in the United States. Our offices have helped 100’s of families with immigrations problems and we can help you today too!

Taking Non Prescribed Drugs Is A Serious Crime

Prescription drug consumption is growing among teens and without prescriptions, these actions can have some very serious consequences. Teens have easy access to non prescribed drugs, since most parents don’t consider all the problems related to teens taking their prescription drugs. Medicine cabinets are filled with pills ranging from pain killers, sedatives, or stimulants. Drugs like Oxycontin, Xanax, and Adderall all seem to be regularly available in most high schools these days.

Aside from the obvious problems with addiction, these drugs are causing very serious legal problems for teens, such as DUI, assault, and even manslaughter, all while under the influence of these drugs.

Anyone, regardless of their age should seek help if they are using these drugs and in the even legal problems arise, it is very important to seek legal help as quickly as possible. This can be especially important for minors, because a drug problem like this can cause future problems and have serious consequences for the future.

K2, Spice, Bath Salts, and Others Now Labeled as Controlled Substances In Texas

Until recently, many of these substances could be purchased legally in convenience stores and head shops, but these synthetic marijuana substances have now been added to Penalty Group 2 of the Texas Controlled Substances Act.

These drugs are manufactured in China and have almost no oversight when it comes to safety and site effects. They are sold as incense or bath salts to disguise their intended purpose. The synthetic drugs are meant to mimic the effects of THC, the active ingredient in marijuana. This is called a synthetic cannabinoid, which as been unregulated until now.

The FDA is also doing a ongoing study on the chemicals used in producing these products to determine the safety of the chemical. They have also banned several chemicals used, but the substances continue to evolve and the products stay on the shelves. These synthetic cannabinoid products are significantly more dangerous than marijuana and should not be used by teens. Each year there are thousands of calls and visits to the emergency rooms from teens experiencing problems with these drugs. Some of these side effects include serious issues like memory loss and psychosis.

In the event you are charged with a crime involving these substances, it is important to get legal counsel immediately. Contact our offices and we will meet with you to discuss your options and a proper legal defense for drug crimes.

Do We Really Want Sobriety Checkpoints In Texas?

Drunk driving accidents and fatalities are something that we all want to see end, but are sobriety checkpoints the answer? Texas is one of the few states that is still debating whether or not to legalize sobriety checkpoints. Currently there are only about 10 states that do not allow these types of checkpoints and lawmakers are trying to change this.

The biggest concern is the number of law abiding citizens that these checkpoints will harass. It is estimated that only .3% of the drivers are charged with a DUI from these checkpoints, which is 3 out of 1000. This is a lot of expense and hassle for so few arrests. Lawmakers must also remember that drinking and driving is only illegal when the BAC (Blood Alcohol Content) exceeds .08%. These checkpoints would also prevent many adults from enjoying alcoholic beverages legally, out of fear of driving through one of these checkpoints.

In Texas, the cost of a DUI can be up to $10,000 and up to 2 years jail time, so if you are arrested for a DUI, it is important to get proper legal counsel as quickly as possible. Trying to defend yourself against a DUI case is highly discouraged and a public defender should not be used either. Hiring an experienced DWI Attorney in Texas will prove to be invaluable in any type of criminal defense case.

A Primer on Cyber Crime (Part 2)

The Counterfeit Access Device and Computer Fraud and Abuse Act of 1984 (CFAA) was the first major piece of federal legislation defining cyber crimes.  The Digital Millennium Copyright Act (DMCA) has also been applied in cases involving cyber crime.  The CFAA and DMCA are by no means the limit on the government’s authority to prosecute cyber crime.

Not long after the CFAA was passed by Congress in 1984, the state of Texas followed suit by passing a computer crimes law in 1985. Title 7, Chapter 33 of the Texas Penal Code covers cyber crimes.  Cyber crimes involving amounts over $1,500 are a felony in the state of Texas.

Cyber crime is a relatively new, and developing area of law.  Due in part to the constant evolution of computer-related technology, legal precedent involving cyber crimes continues to unfold in courtrooms across the country.  It is a lot for prosecutors, judges, and defense attorneys to keep up with since most other criminal law has long held legal precedents that guide the decisions of the judiciary.  Defending people charged with cyber crime is therefore a very specialized area of legal practice.

Perhaps the most disturbing aspect of cyber crime is the ease in which a crime can be perpetrated by an individual unknowingly.  Someone searching the internet for pornographic materials might open a file to discover that it actually contains both legal and illegal material.  Similar situations can occur with peer-to-peer file sharing networks.  The federal government operates websites and shares files for the express purpose of luring individuals into committing cyber crimes.

The Electronic Frontier Foundation has created a Surveillance Self-Defense website that explains the legality of these types of government law enforcement actions.  The information they provide can protect law abiding citizens from becoming unwitting cyber criminals.  If you do have a run in with law enforcement, it is important to know your rights.

As computers and other electronic devices have become ubiquitous in society, cyber crime has risen to the point of becoming a priority among Local, State, and particularly Federal law enforcement officials.  If you feel that you may be subject to scrutiny by law enforcement, if you face questioning, or are under arrest, contact the Law Office of Frank A. Perez at (214) 828-9911.

A Primer on Cyber Crime (Part 1)

Defining cyber crime can be somewhat tricky.  Some laws make marked distinctions between computer crime, net crime, and cyber crime.  Others use the terms computer crime or cyber crime interchangeably, and as a very broad definition.  For the purposes of this writing, cyber crime refers to any crime that involves a computer, and/or a network.

There are essentially seven types of cyber crime:

  1. Internet sex crimes
  2. Cyberstalking
  3. Crimes against a child using a computer
  4. Hacking
  5. Internet fraud
  6. Internet pornography
  7. Identity theft

Since any potential crime involving the internet would likely cross state lines, cyber crimes are often a federal matter.  Regardless of jurisdiction, cyber crimes are most often felonies subject to mandatory minimum sentences.  Cyber crime is one area of the law where having a skilled criminal defense attorney is critical to protecting your rights and mounting a successful legal defense.

If you are looking for an experienced criminal defense attorney in defense of cyber crime or other criminal issues, call the Law Offices of Frank Perez at (214) 828-9911.

Stay Tuned for Part 2