Law Office of Brett A. Podolsky - Criminal Defense Attorney
The Fourth Amendment of the Constitution protects all citizens against unlawful search and seizure. That protection allows Americans to go about their lives without the fear of unreasonable government intrusion. It is important to know when and where police searches are lawful in order for the checks and balances of society to remain in place. […]
Under the Texas Penal Code, and at the discretion of the local District Attorney, any crime can be “elevated” to a higher degree of potential punishment by being declared “aggravated.” As an example, if two patrons at a nightclub have a disagreement that escalates into a fight, both patrons could be charged with assault. If, […]
It happens too often in the state of Texas. A few friends need to use the bathroom. Every place nearby only lets someone who is a patron use their facilities. A decision is made to relieve themselves in an alley or behind some cars. Doing this may seem to many people like something that is […]
Movie dramatizations often make protective orders seem like magical orders that immediately strip alleged abusers of their rights and freedoms. In reality, protective orders take time to instate, and respondents (the accused) can take certain actions to protect their rights. After receiving a protective order notice, accused individuals need to proceed cautiously to avoid further […]
The Texas Penal Code has an independent definition for aggravated sexual assault that is separate from sexual assault or aggravated assault. Although aggravated assault is an independent offense, it has elements of aggravated assault and sexual assault offenses. The punishment for aggravated sexual assault is more severe than for other kinds of sexual assault.