Criminal Law

Theft Offenses & The Texas Legal System

Understanding Texas Law & Theft Cases

The Texas Penal code statute includes almost all methods of stealing, transferring or possessing another person’s property without their consent.

The penal code states, a person commits theft when they appropriate property with intent to deprive the owner of the property without effective consent, knowing it was stolen or believing it was stolen.

There exist several industries or items that have been prone to theft and the theft statute addresses these areas and imposes requirements on persons who either deal or work with these items. These areas that are regulated by the penal theft code include persons, buying used cars, pawnshops, and restricted use pesticide.

If you’re facing criminal charges in connection with a theft offense in Brazoria County or Angleton, TX, don’t hesitate to contact Defense Lawyer Tad Nelson for legal representation.

Texas Law & Used Cars

The first requirements are imposed upon a person that purchases a used car. The penal code requires a person who buys a used car to take certain actions, and if you acquire a used car without taking these actions if the used car that you have purchased is reported stolen, then you will be held criminally liable. The penal code states a person who buys a used car without a title they should report to the Texas Department of Transportation and if the person does not take steps to report that they didn’t receive a title from the seller and or doesn’t file with the county tax assessor not later than the 20th day after the sale, the registration, license receipt and title or evidence of the title then that person is presumed to have known it was stolen.

Texas Laws & Pawn Shops

According to the penal code, a pawn shop must take certain action if they don’t take specific steps and they end up in possession of stolen property the criminal code presumes to have known it was stolen. The criminal code states that if a pawnshop or a loaner cash advance business pays for a loan more than $25 against an item and doesn’t record the name, address, description or identification of the seller and record a complete description of the property including the serial number and obtained a signed warranty of the right to possess the property then they are presumed to have known it was stolen.

The penal code on the restricted use pesticide.

Certain agricultural chemicals may be harmful, and they may be used to create powerful improvised explosive devices or be used to manufacture illegal substances. The penal code states if a person acquires a controlled use pesticide or one that has been limited by the states for use from a source other than a licensed retailer and they do not record the name, address and physical description of the seller or the amount and type of substance and or obtain a signed warranty of the right to possess the property, then they are presumed to have known it was stolen.

In Texas, theft is primarily graded by the number of losses incurred though there are other specifications which include theft of livestock, firearms, and metals.

The Drug Problem

Overview of Cocaine Possession & Texas Law

Cocaine charges carries one of the stiffest penalties in Texas. Possession of even less than a gram of cocaine carries a felony charge.

These charges can have dire consequences such as lengthy jail times and/or hefty fines.

If you or someone you know has cocaine possession charges Austin, Travis County, or in Caldwell County, Bastrop County, Williamson County, Llano County, Hays County, and Burnet County, you can contact Attorney Jackson Gorski at (512) 960-4646 for assistance.

Cocaine & Texas Drug Laws

Penalties for Austin & Texas Cocaine Convictions

In the State of Texas, possession of cocaine in any amount would result in a felony offense.

  • Possession of 1 gram of cocaine you would face a State Jail felony with a punishment that may lead up to 1 year in jail and/or a $10000 fine.
  • Possession of 1 gram to 4 grams of cocaine would lead to a 3rd degree felony that could lead to 10 years in prison and/or a $10000 fine.
  • Possession of 4 grams to 200 grams of cocaine would lead to a 2nd degree felony that could lead to 20 years in prison and/or a $10000 fine
  • Possession of 200 grams to 400 grams of cocaine would lead to a  1st degree felony that could lead to 99 years in prison and/or a $10000 fine
  • Possession of more than 400 grams of cocaine would lead to a life term and a fine of up to $100000.

These charges may be compounded if you have been arrested in a designated drug free zone. Which is why it is important for you to have the best legal service possible.

if you or someone you know have been charged with possession of cocaine you will need an attorney that is devoted to your cause. Contact Austin Defense Lawyer Jackson Gorski at (512) 960-4646 for assistance now.


If you are charged with the possession of drugs you need someone with experience on your team to help defend your case. Your attorney will help formulate the best defense strategy that is suited for your case.

Your attorney may start by asserting that the means of obtaining the evidence is not justified or lawful. The Fourth Amendment states that everyone has the right to due process of the law and if the proper process is not followed your rights are being violated.

It must be also proven beyond reasonable doubt that the substance that they have obtained is cocaine and not some other harmless substance. The prosecution must prove to the court that the substance that the authorities have obtained is cocaine and they must send the evidence to the crime lab to test it.

The actual cocaine that was seized must also be presented by the prosecution. The lack of evidence may cause the case to be dismissed.

Finally it must be proven beyond reasonable doubt that the substance is yours. There are some situations that would lead you to be charge with possession of cocaine. For example, if you have rented a car with cocaine hidden inside and you were stopped and searched. The cocaine that is found is not yours and you are simply unfortunate that you were arrested for possession.

Cocaine charges are no laughing matter. An attorney must be aggressive in fighting for your case. He should be able to challenge the court for you.  If you or someone you know has been arrested for cocaine charges contact an attorney now to assist you in your case.

Overview of Cocaine Possession & Texas Law

Legal Help

Parent-Child Lawsuits in Texas

It is sad that people have children out of wedlock. In worse cases, the people involved hardly know each other. This was exactly the case when David Howe took to the stand on 22 November 2015. A woman who identified herself as Rebecca, filed an SAPCR (suit affecting the parent-child relationship) against David and according to the laws that govern parent-child lawsuits in Texas, she had a case. In Texas, prosecutors are serious on matters that deal with infidelity and parent-child lawsuits in general.

About David’s case

Family law generally involves cases to do with divorces, child upkeep and other family relationships. In most cases, there has to be a child/ children involved. For example, in David Howe’s case, he was accused of siring a child out of wedlock with Rebecca. While David had “forgotten” about the night, Rebecca argued her case.

Even with the best family law attorney, David (an accountant) had to pay for the child’s “exorbitant” expenses until he attained the legal age. As if that was not enough trouble for him, his legal wife Nina who lived in Lakeway Texas also filed for a divorce.

Most of the time than not, SAPCR cases bring shame to the family at hand and more so the alleged culprit. For example, in David’s case, while his attorney managed to reduce the amount he was to pay as his child’s upkeep charges, the shame still hang over his head. For the rest of his life he will have to deal with the stress that come from teasing and to make it worse, he now has two “families” that do not live with him. He incurs expenses while he does not receive any family love and enjoy family moments.

Are there other family law cases in Texas?

David Howe’s case is obviously not an isolated one. According to Dirk Ronald (a famous family law attorney), he handles over twenty such cases every year. This means that SAPCR cases are rampant and on the rise in Texas.


Parent-Child Lawsuits are rampant in Texas. Taking David Howe’s case as an example, people get children out of wedlock some of whom the “do not know” about until it is too late. While an attorney can fight your battle and reduce the charges levelled against you, you will still have to deal with the shame and possible divorce that may come as a result of the charges.