R. Todd Bennett, P.C.Houston Criminal Defense Attorney | DWI/DUI Defense Lawyer2026-05-28T18:01:30Zhttps://www.rtoddbennettpc.com/feed/atom/WordPressOn Behalf of R. Todd Bennett, P.C.<![CDATA[Can you bring legal marijuana into Texas?]]>https://www.rtoddbennettpc.com/?p=487452026-05-28T18:01:30Z2026-05-28T18:01:30ZIn Texas, recreational marijuana has not yet been legalized. There are no dispensaries where you can purchase recreational marijuana products over the counter; only medical patients can use some low-THC options.
In other nearby states, however, things are much different. In New Mexico and Colorado, for instance, marijuana has been fully legalized and can be used recreationally.As such, Texas residents sometimes wonder if they could drive to another state and make a legal purchase. For example, a person could take a road trip to Colorado, legally purchase marijuana at a dispensary—as long as they are 21 years old—and then drive back to Texas. Can they then bring those legal marijuana products with them?
2 important issues
No, you cannot bring marijuana into Texas. Even if the purchase was legal in Colorado, the products are not supposed to leave the state.For one thing, crossing state lines means the federal government has jurisdiction. You could find yourself facing federal criminal charges if you try to travel with marijuana, even though you purchased it legally.Additionally, Texas law is not concerned about your point of purchase. If possession of marijuana products is illegal, that is true whether you bought them illegally within Texas or purchased them at a dispensary somewhere else. You would still be violating state law by being in possession of those products when you returned.With marijuana legality shifting across the United States, the laws have certainly gotten complicated. If you find yourself facing serious drug charges that could impact your future, it is crucial that you understand what legal defense options you have at your disposal.
]]>On Behalf of R. Todd Bennett, P.C.<![CDATA[What are possible defenses against false domestic violence charges in Texas?]]>https://www.rtoddbennettpc.com/?p=487442026-05-26T13:03:54Z2026-05-26T13:03:54ZUnderstanding self-defense claims
One possible defense involves showing that you acted in self-defense. In Texas, a person is justified in using force if they reasonably believe it is immediately necessary to protect against an attacker's use of unlawful force, provided they did not provoke the incident. Your attorney might gather evidence such as witness statements, medical records or photographs that support your claim.
The key is showing that your actions were a reasonable response to a real threat. Records of any injuries you received or threatening behavior from the accuser could strengthen this defense.
Exploring false accusation defenses
Unfortunately, false claims happen in domestic disputes. These charges sometimes come from custody battles, divorce cases or attempts to gain an advantage in legal matters.
Your defense team might investigate the accuser's reasons and credibility. This could involve checking for inconsistencies in their statements, reviewing text messages or emails that contradict their claims and finding witnesses who can vouch for your character or what really happened. Differences in the timeline and a lack of physical evidence supporting the claims can also be crucial factors.
Additional considerations
Other possible defenses may include lack of evidence, mistaken identity or showing that the incident was an accident rather than on purpose. Your attorney might also check whether law enforcers followed proper steps during your arrest and whether your rights were protected throughout the process.
Remember that domestic violence charges carry grave consequences in Texas, including possible jail time, fines and protective orders. These outcomes can affect your job, housing and family relationships.
Every case depends on specific facts and circumstances. What works as a defense strategy in one situation may not apply to another. If you are facing false domestic violence charges, it is essential to understand your rights and the legal remedies available to you.]]>On Behalf of R. Todd Bennett, P.C.<![CDATA[Could a criminal conviction cost you your home?]]>https://www.rtoddbennettpc.com/?p=487432026-05-15T19:10:17Z2026-05-15T19:10:17ZMany people understand that a criminal conviction in Texas can lead to a host of criminal consequences handed down by a judge. What some individuals do not realize is that a conviction may also inspire serious financial consequences that may threaten their ability to keep their home. Depending on the nature of the charges at issue and the penalties imposed, criminal cases can place enormous pressure on a person’s housing stability and long-term financial security.
For starters, a potential loss of income following an arrest or conviction can impact a family’s finances in meaningful ways. Many employers conduct background checks, and some workers may lose their jobs immediately after criminal allegations become public. Others may struggle to find new employment after a conviction appears on their record. Without a stable income, keeping up with mortgage payments, property taxes, utilities and homeowners insurance can quickly become difficult.Certain convictions may also affect professional licenses or commercial driving privileges. In Texas, professionals in healthcare, education, finance, transportation and other regulated industries may face disciplinary action after criminal convictions. Losing a professional license can significantly reduce earning potential and increase the risk of foreclosure or forced home sales.Court-imposed financial penalties may create additional problems. Criminal fines, restitution orders, court costs and supervision fees can become overwhelming, especially in felony cases. Some defendants also face substantial legal expenses while defending themselves in court. Families already living paycheck to paycheck may find it impossible to absorb these additional financial burdens.
When homes themselves may be at risk
Drug-related convictions sometimes create even greater housing risks. In certain situations, law enforcement agencies may pursue asset forfeiture proceedings involving homes allegedly connected to criminal activity. While these cases can be legally complex, property owners may face the frightening possibility of losing real estate tied to certain drug offenses or other alleged criminal conduct.Housing complications may also arise for renters. Some landlords refuse to renew leases after arrests or convictions, particularly when charges involve violence, drug offenses or property crimes. Public housing programs and federally subsidized housing may impose strict eligibility rules regarding criminal activity as well.In some cases, incarceration itself can trigger housing loss. Extended jail or prison sentences may prevent homeowners from maintaining mortgage obligations or handling property-related responsibilities. Families may eventually face foreclosure proceedings or forced sales while a loved one remains incarcerated.
Taking action
Despite all of this, an arrest does not equal guilt, and not every criminal case results in a conviction. There may be legal defenses available depending on the facts of the case at issue, the evidence involved and whether law enforcement followed proper procedures.]]>On Behalf of R. Todd Bennett, P.C.<![CDATA[What happens after your teen is charged with DUI?]]>https://www.rtoddbennettpc.com/?p=487422026-05-02T12:47:25Z2026-05-02T12:47:25ZWhat happens after a teen is charged with DUI in Texas?
It is widely recognized that drinking and driving is dangerous, but this is considered especially so for minors. To help reduce underage impaired driving, all 50 states and the District of Columbia have adopted underage DUI laws known as “zero tolerance laws.” These laws make it illegal for drivers under the age of 21 to operate a vehicle with even a small amount of alcohol in their system, meaning that even a single alcoholic drink can result in an underage DUI charge.
While every state has its own approach to enforcing these laws, Texas often handles underage DUI cases differently from adult offenses. In Texas, most cases involving minors are handled in the juvenile court system rather than adult criminal court. The juvenile correction system tries to emphasize treatment and rehabilitation rather than punishment. In most cases, juvenile records are even able to be sealed. After an arrest, a teen may be released to a parent or guardian, but there may still be court dates, probation requirements or other conditions that must be followed. The court will look at factors such as the teen’s age, driving history and whether anyone was injured.
A DUI charge involving a minor can lead to several consequences beyond fines. A teenager may face a suspended driver’s license, community service or probation. In some situations, schools or extracurricular programs may also impose disciplinary action, which can add additional stress for the family.
Parents are often surprised to learn that juvenile cases can still have long-term effects. Even though the juvenile system is designed to focus more on rehabilitation than punishment, a DUI allegation can impact future opportunities involving college admissions, scholarships or employment if it's not handled carefully. Early guidance can help families better understand their options and work toward protecting the teen’s future while addressing the legal process responsibly.
Getting help from a reliable legal professional early on can provide clarity, answer important questions and help your family move forward with greater confidence. A teen DUI charge is a tough situation, but it is often manageable when a solid defense strategy is in place.]]>On Behalf of R. Todd Bennett, P.C.<![CDATA[What to do in the first 48 hours after a theft arrest in Texas]]>https://www.rtoddbennettpc.com/?p=487412026-04-23T14:19:29Z2026-04-23T14:19:29ZActions to take immediately after an arrest
When law enforcement arrests you for theft, taking the following steps can help protect your position:
Remain silent: You may choose not to discuss the alleged theft with police or anyone else until you speak with an attorney. Anything you say can be used in court, and the law protects your right to avoid self-incrimination.
Request an attorney: You can state that you want to speak with an attorney before answering questions.
Do not resist: Cooperating physically during arrest and booking may help you avoid additional charges, such as resisting an officer.
Identify yourself: Authorities may require you to provide your name and basic identifying information, but you do not need to answer questions about the alleged offense.
During booking, officers typically take fingerprints, a photograph and your personal belongings. This is a standard part of the process.
Understanding bail and release
After booking, you will usually appear before a magistrate, often within 48 hours of the arrest. The magistrate explains the charges, outlines your rights and sets bail if it applies.
The amount of bail can depend on several factors, including the severity of the alleged theft offense. In Texas, theft charges range from misdemeanors to felonies based on the value of the property involved and other circumstances. The court may also consider factors such as prior history and ties to the community.
Posting bail allows you to leave custody while your case continues, as long as you agree to return for future court dates. If bail is not posted, you may remain in custody until the next stage of proceedings.
How early decisions can shape the process
Your actions in the first 48 hours after a theft arrest can influence how a case unfolds, from initial court conditions to how information is handled. Reaching out for professional guidance early can help you understand the process and the legal options available to you.]]>On Behalf of R. Todd Bennett, P.C.<![CDATA[How Texas courts address corporate fraud cases]]>https://www.rtoddbennettpc.com/?p=487402026-04-06T15:03:37Z2026-04-06T15:01:46ZThe legal foundations of corporate fraud
Texas law addresses corporate fraud through both statutes and long-standing common law principles. The Texas Penal Code defines crimes such as obtaining a signed document through deception and misusing property held in trust.
In many cases, civil lawsuits move forward at the same time as criminal charges. This allows injured parties to seek financial recovery while the state pursues penalties. State law also creates a separate path for fraud involving securities.
The distinction between civil and criminal matters because the standard of proof differs. Criminal cases demand proof beyond a reasonable doubt, while civil claims operate under a preponderance of the evidence standard, which may affect the strategies both sides pursue.
The sentencing landscape in Texas
Courts in Texas impose penalties for corporate fraud based on how serious the conduct is and how much money it involves. A person tied to a smaller case may face a state jail felony, while a large and organized scheme might lead to a first-degree felony with a prison term that reach up to 99 years.
Monetary penalties often accompany incarceration. Courts may order restitution to victims, impose fines and mandate the forfeiture of assets obtained through fraudulent activity. The financial consequences alone may be devastating for both individuals and the corporate entities they represent.
At the same time, federal prosecutors may bring charges if the activity crossed state lines or involved banks or other federal institutions. That possibility adds another layer to the case and might make the situation more difficult.
The defense strategy in these cases
A common defense in a Texas corporate fraud case often starts with a close review of the prosecution’s evidence. Many defendants focus on the intent element because fraud requires proof that they knowingly took part in deceptive conduct.
Legal counsel can also help shape how the case moves forward from an early stage. When you work with an attorney, you may cooperate with investigators under proper guidance, preserve key records and carry out an internal review.]]>On Behalf of R. Todd Bennett, P.C.<![CDATA[What to do after a DWI arrest in Texas?]]>https://www.rtoddbennettpc.com/?p=487352026-03-30T17:06:33Z2026-03-30T16:58:37ZStay calm and cooperative
During your DWI traffic stop, you must stay calm and avoid reacting violently toward the officers. By showing your willingness to cooperate, you can minimize any tension and make the process smoother.
Under Texas’s implied consent law, any motorist who is stopped on the road on suspicion of DWI must comply with chemical testing. This means that if you refuse this procedure, you may face immediate penalties.
Practice your right to remain silent
After taking the requested breath or blood test, the officers will take you to a local station for your DWI booking process. While they can ask about your personal information, you can decline further questions about the incident by informing them that you want an attorney.
Post bail
Once the officer-in-charge finishes taking your mugshot, fingerprints and other required details for the official report, you will appear before a judge for bail. You can pay the bail amount on your own to secure your release from jail before your initial trial.
Safeguard your license
After you receive a notice of suspension from the Texas Department of Public Safety, you will have 15 days to request an administrative hearing with the agency. Keep in mind that missing this timeline will lead to the automatic suspension of your driver’s license.
Prepare for your DWI case
While you await your pre-trial phase or arraignment, you will need to build a strong DWI defense for your criminal case by hiring a lawyer who can educate you of your rights and legal options.
By gathering evidence about your arrest and becoming more familiar with the process, you can prepare for your court dates with confidence and make informed decisions about your plea bargain negotiations.]]>On Behalf of R. Todd Bennett, P.C.<![CDATA[2 common situations that lead to assault charges in Texas]]>https://www.rtoddbennettpc.com/?p=487342026-03-11T08:42:13Z2026-03-11T08:42:13ZPhysical confrontations during public disputes
You might argue with someone in a crowded place. The dispute often starts with words, but the tension can rise fast. During that moment, you might push the other person or make unwanted contact. That contact can draw police attention.
When officers arrive, they will review what happened. They often look at witness statements and phone videos from bystanders. Officers also check for visible injuries or signs of pain. Even brief physical contact can still place the incident under closer review.
Domestic conflicts involving family or household members
You could also face assault allegations after a dispute at home. Arguments between partners or relatives often grow emotional. During that tension, physical contact sometimes occurs.
When officers respond to a household conflict, they often examine the following details:
Statements from each person present
Signs of injury or physical pain
911 recordings from the incident
Photos or videos from the scene
These details often influence the direction of the review. In Texas, authorities also treat some incidents between household members as family violence.
What to consider after a confrontation
Public disputes and household conflicts often lead to assault allegations in Texas. If you recently faced a tense encounter, it helps to review what happened. Write down the time, location and names of witnesses while details remain clear. These notes can help you recall the incident if questions arise later.]]>On Behalf of R. Todd Bennett, P.C.<![CDATA[What should you expect during an arraignment hearing?]]>https://www.rtoddbennettpc.com/?p=487302026-03-04T13:08:37Z2026-03-04T13:08:37ZUnderstanding your charges and plea options
During the arraignment, the court formally presents the charges against you and requires you to enter a plea. You have three plea options: guilty, not guilty or no contest. The plea determines the direction of your case.
A guilty or no contest plea may lead directly to sentencing, while a not guilty plea initiates the trial process and gives you time to explore defense options. During the arraignment hearing, the judge will also determine your bail arrangement. The court may impose no-contact provisions or travel restrictions during your trial.
Your legal rights during an arraignment
Facing criminal charges can be overwhelming, but you are entitled to numerous protections during this stage. Your rights as a defendant include:
Right to legal representation
Right to notice of charges
Right to challenge bail
Right to enter a plea of your choice
If you cannot obtain legal representation, the court appoints one on your behalf. By knowing and exercising these rights, you can approach the hearing with clarity.
Key steps after an arraignment hearing
After your arraignment, begin preparing the defense for your trial. Review your case, identify witnesses and provide all relevant evidence to your legal counsel.
Once you have your trial schedule, keep track of all upcoming court dates to avoid missed appearances. Most importantly, ensure you understand the conditions of your bail. This will help you avoid compliance issues during your trial. Even a minor violation can result in bail revocation and additional charges.
Why preparation matters
Your arraignment sets the direction for your criminal case, but it does not determine the outcome. Treat the arraignment as the foundation of your defense strategy. By understanding the arraignment process and knowing your rights, you can take control and seek a fair resolution.]]>On Behalf of R. Todd Bennett, P.C.<![CDATA[Can your self-defense claim backfire and hurt your case in Texas?]]>https://www.rtoddbennettpc.com/?p=487282026-01-30T13:57:55Z2026-02-25T12:16:19ZIt feels confusing and unfair when police arrest you when you are only defending yourself. You may think the facts speak for themselves, yet early statements can influence how police and prosecutors view the events leading to the arrest. Knowing the risks can help you avoid damaging statements and keep your legal options open.
What self-defense means in practice
Self-defense focuses on your belief that force was necessary to stop an immediate threat. Police and prosecutors will test that claim against the evidence, the timing and witness accounts. When inconsistencies show, the claim creates doubt and may trigger closer examination.
How a self-defense claim can backfire
When you claim self-defense, small details can turn that claim against you. These are the things that can weaken your defense:
Admission trap: Claiming self-defense means you admit that you committed the physical act. If a judge or jury finds your belief in the threat unreasonable, your admission can look like a confession.
Inconsistent statements: Saying one thing at the scene and another later weakens your credibility. Arresting officers often record initial statements and prosecutors may point to changes in your story to argue that you are not being truthful.
Proportionality issues: Texas law expects your response to match the threat. Using deadly force when the other person poses no risk of death or serious injury can make you look like the aggressor.
History of violence: Prosecutors may point to past violent acts to say you started the fight and invalidate your claim. Tell your lawyer about past incidents so they can gather records or witnesses to limit that impact.
These problems can turn your self-defense claim into a criminal charge and undermine your defense at trial. A skilled criminal defense attorney can review the facts and explain how these risks affect your case.
Protect your self-defense claim
Self-defense claims depend on facts, timing and how you present your evidence. The smallest mistake or inconsistency can increase your risk even when you only acted to protect yourself. Seek legal guidance to protect your rights and give your family more certainty during a stressful time. Seek legal guidance to protect your rights and give your family more certainty during a stressful time."]]>