What is Texas Constitutional Carry Law?

Yee-haw, its great to be a Texan in 2021! Your 2nd amendment right to keep and bear arms has been enhanced, and now any person over 21 years of age can carry a loaded firearm on their person, without needing to obtain a License to Carry a Firearm, previously known as a concealed carry permit (subject to a few VERY important limitations and restrictions, explained below). Many of the restrictions and limitations on the ability to carry a loaded weapon in Texas are the same as the restrictions on LTC (or CHL) license holders, under the previous law.

RESTRICTIONS ON TX CONSTITUTIONAL CARRY

  • Adult (over 21 ys of age)
  • Must be carried in a holster
  • Not carrying a weapon in a prohibited place under TX Penal Code 46.03 (Educational institution, government building, business that does over 51% alcohol-sales, racetracks, airports, etc. See the Code for a full list).
  • Not carrying a weapon while also commiting a criminal offense more serious than a traffic violation under the Texas Transportation Code. This means if you are also accused of a DWI or racing on a highway, you get an unlawful carry of a weapon charge as well.
  • Not convicted of a felony in any state or Federal court
  • Not convicted of certain Misdemeanors within the last 5 years: Assault , Deadly Conduct, Terroristic Threat, Discharge of a Firearm in a Public Place, or Display of a Firearm in a Public Place in a Manner Calculated to Alarm.
  • Not released from confinement or community supervision for Assault – Family Violence within the last 5 years.
  • Not on probation, parole, or other type of court-ordered supervision prohibiting you from possessing firearms.
  • Not subject to a protective order, or mental health order prohibiting you from possessing firearms.

FULL TEXT of the Texas Penal Code Section 46

KNOW THE LAW BEFORE YOU CARRY A FIREARM

Every persons situation can be unique. If you have any question about whether or not you can legally carry a firearm, PLEASE contact an attorney and make sure, BEFORE you decide to excercise your rights under the new Consitutional Carry law in Texas.

CHARGED WITH A WEAPON OFFENSE?

If you have been arrested for unlawful possession of a firearm, felon in possession of a firearm or ANY gun crime, call LeGrande Law NOW! Gun and other Weapon crimes are prosecuted in Texas, you need an aggressive criminal defense attorney to fight for your freedom and make sure that justice is done.

Contact Criminal Defense Lawyer Tristan LeGrande IMMEDIATELY 

281-684-3500

http://www.legrandelaw.com

http://www.houstondrugattorney.net

Houston Criminal defense attorney Tristan LeGrande

I Ran From the Police and They Caught Me! What am I Looking At?

When the adrenaline kicks in, or maybe your fight or flight instinct tells you to ‘RUN,’ people sometimes try to get away from the police.  Maybe you are accused of trying to get away from the police.

Potential punishments for evading arrest or detention depend on several things, namely, whether or not you were in a vehicle, and whether you failed to stop or were attempting to flee.  If accused of running from the police in a motor vehicle, or have a previous conviction for evading arrest – you are looking at Felony exposure.

 

 


What is Evading Arrest (Texas Penal Code 38.04) under Texas Law? 


TEXAS PENAL CODE Sec. 38.04. EVADING ARREST OR DETENTION.

(a) A person commits an offense if he intentionally flees from a person he knows is a peace officer or federal special investigator attempting lawfully to arrest or detain him.

Laymen’s terms1. Intentionally flee, 2. Person you know is a cop, 3. Attempting to lawfully arrest/detain.

  • If charged with Evading arrest ON FOOT…the offense is a class A misdemeanor, with a potential punishment of up to 1 year in county jail and a fine not to exceed $4,000.

IF CHARGED WITH EVADING ARREST IN A MOTOR VEHICLE, IT IS A FELONY

38.04(b)(2) EVADING ARREST OR DETENTION (WITH A MOTOR VEHICLE)

(b)(2) An offense under this section is a felony of the third degree if the actor uses a vehicle or watercraft while the actor is in flight.

  • If charged with evading arrest IN A MOTOR VEHICLE…the offense is a 3rd degree felony punishable by 2 to10 years in the Texas Department of Criminal Justice, and a fine not to exceed $10,000.

What is Eluding Arrest (Texas Transportation Code 545.421)? 


This is a lesser known offense that is seldom charged, but is often a more accurate way to describe a situation in which an officer is attempting to arrest or detain someone, but the person does not yield to their authority (they are not necessarily trying to flee, or get away, but just are not yielding to the officers order to stop).

Texas Transportation Code 545.421 Fleeing or Attempting to Elude Police Officer

(a) A person commits an offense if the person operates a motor vehicle and willfully fails or refuses to bring the vehicle to a stop or flees, or attempts to elude, a pursuing police vehicle when given a visual or audible signal to bring the vehicle to a stop.

  • Fleeing or attempting to elude a police office is a Class B misdemeanor punishable by up to 6 months in jail and a fine not to exceed $2,000.  However, the offense is a Class A misdemeanor if the person, during the commission of the offense, recklessly engages in conduct that places another in imminent danger of serious bodily injury (see the punishment range for class A Misdemeanors above).

CHARGED WITH EVADING ARREST?

CALL LEGRANDE LAW!

281-684-3500

Whether you are accused of evading arrest or detention, or ANY CRIME, do not leave your future up to chance!!!!  You need an attorney with a track record of successfully defending criminal cases.

 Attorney Tristan LeGrande gets results – CALL NOW for a Free Consultation!

CONTACT ATTORNEY TRISTAN LEGRANDE TODAY!

http://www.legrandelaw.com

http://www.houstondrugattorney.net

Houston Drug Attorney Tristan LeGrande

Tristan LeGrande – LeGrande Law

 

THEY DIDN’T READ ME MY RIGHTS!…BUT…DOES IT MATTER?

There is a common misconception about your rights, relating to a person’s “Miranda” rights, and the effect of an officer not reading you Miranda warnings when you are arrested.  Movies and television would have you believe that it is some kind of magic bullet – if they did not read you Miranda warnings, you were going to walk on whatever charges you are facing. Miranda v. Arizona, 484 U.S. 436 (1966).

Not so fast.  “Miranda” has a limited application.  There are two requirements for Miranda to apply:

(1) Custody, and (2) Interrogation.

Essentially, the Miranda court case held that if you are under arrest, you must first be given certain warnings about your constitutional rights, your right against self incrimination (the 5th amendment), and your right to consult with an attorney (6th amendment).

However, for Miranda to apply, it is essential that you are actually IN CUSTODY.  By that I mean, you are under arrest.

How do you know when you are under arrest?

The Texas Code of Criminal Procedure defines the point someone is under arrest as: “when he has been actually placed under restraint or taken into custody by an officer…”Texas Code of Criminal Procedure Section 15.22.  In interpreting when an arrest takes place, the 5th Circuit has weighed in with an objective standard: “if a reasonable person in the suspect’s position would have understood the situation to constitute a restraint on freedom of movement of the degree which the law associates with a formal arrest.  United States v. Corral-Franco, 848 F.2d 536, 540 (5th Cir. 1988).

What If You are Under Arrest, Not Given Miranda Warnings, and Then Questioned?

If you are not notified of, and affirmatively waive the following prior to any custodial interrogation, any statements made in violation of Miranda may be inadmissible against you in a criminal prosecution:

  • The right to remain silent
  • Any statements you make can and will be used against you in court
  • You have a right to consult with an attorney prior to answering any questions
  • If you cannot afford an attorney, one will be appointed to represent you free of charge

If you are under arrest and the police want to question you DO NOT ANSWER ANY QUESTIONS WITHOUT CONSULTING WITH AN ATTORNEY FIRST.


If you are accused of ANY CRIME, you need an attorney with a track record of successfully defending criminal cases.

 Attorney Tristan LeGrande gets results – CALL NOW for a Free Consultation!

Contact attorney Tristan LeGrande by calling 281-684-3500

http://www.legrandelaw.com

http://www.houstondrugattorney.net

Houston Drug Attorney Tristan LeGrande

Tristan LeGrande – LeGrande Law

A New Year’s Resolution: Exercise Your Constitutional Rights!

ASSERT YOUR CONSTITUTIONAL RIGHTS IN 2019

You may have never been in a position where you needed to flex your constitutional rights.  In fact, many reading this might say: if I am doing nothing wrong, why should I assert my rights?  Won’t this make things harder for me?

I can answer that for you real quick – you MUST assert your rights, as an American, many men and women have fought, bled, and died for those rights.  You MUST because that IS how you live up to your role as a US Citizen.  Do you realize that when people become lawyers, law enforcement, become new US citizens, or assume many government positions – they swear an oath to “support and defend the constitution of the United States…”?

When YOU flex your rights, regardless of whether you are not engaged in nefarious behavior…is vital to maintaining those rights in a free society.

NOTE: Asserting your rights DOES NOT MEAN being rude, aggressive, or combative with any agent of the State (Police officer, Sheriff, Constable, District Attorney, etc, etc.).  Be assertive, but be polite and respectful.

Almost every law enforcement official you encounter is doing their job to the best of their ability, and doing it for the right reasons.  Treating agents of the State with respect and cordiality goes a long way, even if you are refusing to give consent or forfeit other important rights.  Additionally, as with anyone else you encounter, law enforcement will notice how you treat them, and MOST will respond by treating you with dignity and respect as well.

MY CHALLENGE TO YOU THIS NEW YEAR:

ASSERT YOUR CONSTITUTIONAL RIGHTS!  

Some of you are on board, but may not know exactly what I mean by asserting your constitutional rights.  So, the following are some ways in which you can stand tall and speak truth to power!

#1 Never Consent to a search without being presented with a search warrant

This is a little easier said than done, and will require you to assert your rights in an often precarious position at the side of the road, or with Officers pushing their way inside your residence.  Why is this so important?  Because knowing and voluntary consent to a search of your person or property is an exception to the warrant requirement, and oftentimes will foreclose any legal arguments in Court about the validity of the search!

#2 DO NOT Volunteer Or Admit to Any Illegal Activity

You may think you are better off if you fess up to some sort of illegal activity, in hopes that the honesty will make the Officer appreciative, and maybe they will let you off.  This is a terribly unwise thing to do – once you have admitted to committing any arrestable offense, its GAME OVER – you are at the mercy of the Officer.  Your person and effects can be searched.  You are highly likely to be arrested, and any legal objections to the search or seizure of your person or property are highly likely to fail.  (which is anything except speeding or driving with an open container)

#3 If There is even a remote possibility you are Suspected of a Crime – REMAIN SILENT 

You do not need to wait until a police officer tells you “you have a right to remain silent…” when they read you Miranda Warnings – you ALWAYS have the right to remain silent!  You cannot be forced to speak with any agent of the government.  Your 5th Amendment right against self incrimination means you always can state: “I am invoking my right to remain silent, I will not be making any statement or answering any questions.”

#4 DO NOT Answer Any Questions

This one is hard.  You will be in a coercive situation: there is a police officer focused on you, demanding that you waive your rights and answer his questions.  Maybe he has lied to you and told you that if you agree to talk to him, they will cut you a break, or pass along a good word to the District Attorney.  This deception will not get the officer in any trouble, of course, the Supreme Court has decided that law enforcement is permitted to lie to you in order to obtain a confession.

Especially if charges have not been filed yet – if you are contacted by law enforcement in any sort of criminal investigation where you may be suspected of a crime, DO NOT speak with the police or answer any questions.  Politely, bu assertively, inform the officer you will not be answering any questions without the presence of your attorney.

#5 Assert Your Right to Consult with an Attorney

If you find yourself facing any criminal charges, or subject to questioning by law enforcement in ANY capacity, demand your 6th Amendment Right to consult with an attorney.  Something like this will work: “I am asserting my right to consult with an attorney.  At the earliest opportunity, I request use of a telephone to contact my attorney.”  Repeat as needed (and you will likely have to repeat this to several officers, especially in tense situations.”).


If you are accused of ANY CRIME, you need an attorney with a track record of successfully defending criminal cases.

 Attorney Tristan LeGrande gets results – CALL NOW for a Free Consultation!

Contact attorney Tristan LeGrande by calling 281-684-3500

http://www.legrandelaw.com

http://www.houstondrugattorney.net

Houston Drug Attorney Tristan LeGrande

Tristan LeGrande – LeGrande Law