Other Criminal Offenses
Burglary of a Habitation / Vehicle
Burglary of a Residence is a 2nd degree felony. It is punishable by confinement of not less than 2 years nor more than 20 years. Under some circumstances this offense could be upgraded to a first-degree felony, which is punishable by 5 to 99 years of imprisonment. The most common site of a residential burglary is a person’s home.
Unlawful Carrying of a Weapon
In my opinion, this is one of the thinnest charges that can be placed on a defendant given the narrow definition of “nearby” in the caselaw, and the result of Texas’ Traveling Exception.
"Nearby" close at hand, convenient of access, and within such a distance of the party so having it as that such party could, without materially changing his position, get his hand on it. Welch v. State (Cr.App. 1924) 97 Tex.Crim. 617, 262 S.W. 485.
Traveling Exception: UCW is not applicable to a person who is “Traveling” which is presumed when the person is:
- in a private motor vehicle; and
- not otherwise engaged in a criminal activity, other than a Class C Misdemeanor that is a violation of the law or ordinance regulating traffic; and
- not otherwise prohibited by law from possessing a firearm; and
- not a member of a criminal street gang, as defined by Section 71.01; and
- not carrying a handgun in plain view
Expunctions / Order of Non Disclosure
Please note that even an arrest with an ultimate dismissal, can have serious effects on your future. For example, if an arrest for Driving While Intoxicated 1st appears on a person’s criminal record, any future arrests will lead to a Driving While Intoxicated 2nd charge, even though the first charge was dismissed! The only way to fully protect your innocence is through an Order of Non-Disclosure or an Order for Expunction. Additionally, considering the current job market, most credit and rental applications, and the recent legislative actions regarding your rights to privacy, I consider this an investment to protect your future.
We can convince the Judge to allow a summons in place of a capias warrant, which means the probationer, will have to appear in court instead of being re-arrested and be forced to pay a new bond.