Leo & Oginni Personal Injury Lawyers, PLLC

Charged With Organized Criminal Activity as a Member of a Street Gang in Texas

2020-01-08

What is engaging in organized crime?

The State of Texas can charge a person with Engaging in Organized Criminal Activity in two different ways:

The accused person was in a group of 3 or more people (a “combination”) who collaborated in carrying on criminal activities; or
The accused person was a member of a criminal street gang; the person commits or conspires to commit one or more of the following:

Murder	Capital Murder	Arson
Aggravated Robbery	Robbery	Burglary
Theft	Aggravated Kidnapping	Kidnapping
Aggravated Assault	Aggravated Sexual Assault	Sexual Assault
Solicitation of a minor	Deadly Conduct	Forgery
Class A Misdemeanor Assault	Burglary of a Motor Vehicle	Unauthorized Use of a Motor Vehicle

What is the punishment for organized crime in Texas?

When a person is accused of Engaging in Organized Criminal Activity while committing one of the offenses listed above, the offense is one category higher than the most serious offense. For example, one person committing a first offense Burglary of a motor vehicle is a Class A Misdemeanor. Three people (a combination) committing a first offense Burglary of a Motor Vehicle can be charged as Engaging in Organized Criminal Activity (State Jail Felony).

What is gang related organized crime?

It does not always take three people to get charged with Engaging in Organized Criminal Activity. Two people, or even one person, who, as a member of a criminal street gang commit or conspires to commit one or more of the offenses listed above can be charged with Engaging in Organized Criminal Activity. A Street Gang is defined as three or more persons having a common identifying sign or symbol or an identifiable leadership who continuously or regularly associate in the commission of criminal activities.

This means that the “Street Gang” must be made of at least three people, but you can be charged with Engaging in Organized Criminal Activity as a Member of a Street Gang even if you are alone during the alleged offense. The State of Texas has police officers who are designated as “Gang Experts” and will testify that groups like the Blood, Crip, and Tango Blast gangs are street gangs that engage in criminal activity. Further, the Gang Experts will likely be given access to the accused to photograph any tattoos that might be indicative of gang affiliation.

Can you fight an Engaging in Organized Criminal Activity charge?

Yes! Especially the Engaging in Organized Criminal Activity as a member of a street gang. In June, 2018, the Texas Court Of Criminal Appeals wrote an opinion in Zuniga v. State, 551 S.W.3d 729, 736 (2018) that said:

“Furthermore, we interpret the word "as" in the phrase "as a member of a criminal street gang" as requiring proof that the defendant was acting "[i]n the role, capacity, or function of" a gang member at the time of the offense.”

This means that the Prosecutor must show that (1) The group they say you were a part of IS a criminal street gang; (2) You were a member of that street gang; and (3) You were “acting in the role, capacity, or function of a gang member at the time of the offense.” They must also prove whatever the underlying charge is; Burglary of a Motor Vehicle in our earlier example.

If you are charged with Engaging in Organized Criminal Activity as a Member of a Street Gang, you need an attorney who is familiar with making a defense supported by Zuniga v. State. This is not the only defense you may have in your case, but it is certainly one you want to make if it is available.

Contact A Criminal Defense Attorney To Talk About Your Engaging In Organized Criminal Activity Charge

Help Is Here! John Leo and George Oginni are criminal defense attorneys at Leo & Oginni Trial Lawyers who are familiar with recent caselaw decisions and can argue to defend your rights.

I Got Bitten By A Dog, Do I Need A Dog Bite Lawyer?

2019-12-27

What should I do If a dog bit me?

Knowing what to do in case a dog bites you or a loved one makes a terrible situation a little less confusing. Steps to take if you are bitten by a dog:

Call emergency services using 911 to get police and ambulance on the way. The first priority in any dog bite incident is your safety and health.
As soon as possible after emergency services have been contacted, start gathering information about the dog and the owner. Ask if the dog is up to date on shots and other information that might be useful to health care workers.
Have someone take pictures of your bite wound, the area the bite occurred, and if you can do so safely, the dog that bit you. Note the time of day, address, and name of the dog’s owner.
Make sure to file a report of the dog bite with the police for a record of the dog’s bite that day. This will help keep other people safe from a dog that is aggressive or dangerous.
After you are safe and have been treated for your injuries, take the time to find a dog bite attorney you can trust to help you through the process; The attorneys at Leo & Oginni Trial Lawyers will be glad to talk with you about your case for FREE.

Learn more at https://www.gotbitbyadog.com

Getting a Dog Bite Lawyer

A dog bite lawyer will help you understand dog laws in your area

A dog bite lawyer can help you navigate the dog related laws in your specific area. The laws that govern dog owners can be different in each city, town, or county. If you have been bitten by a dog, a trusted dog bite attorney will explain the requirements in your area that dog owners must abide by.

Click Here To Message A Dog Bite Lawyer And Schedule A FREE Consultation About Your Case

How long is too long to wait to contact a dog bite lawyer?

Dog Bites, like other personal injury claims, generally have a two year statute of limitations for you to make your claim. If you wait longer than two years after you were bitten, the statute of limitations will run and you will most likely not be able to make a claim to recover from a negligent dog owner.

What is the average settlement of a dog bite case?

All dog bite cases are different and the injuries you suffer are different from the injuries of another person. Generally, the more severe the injury or if the dog attack causes scarring or disfigurement, the settlement or trial award will be higher.

Will the dog be put down or euthanized if I report a dog bite to police?

There are cases where a dog attack results in the dog being “put to sleep” or euthanized, however, in most cases this does not happen. If a dog bite is severe or if the dog causes an adult or child to die as a result of the attack, the dog might be euthanized. If a dog bites someone and the injury is a broken finger, the dog will most likely not be euthanized, but will be placed on an aggressive or dangerous dog list.

Call Leo & Oginni Peronal Injury Lawyers in Houston

Click Here To Learn More About How A Dog Bite Lawyer Can Help In Your Case

If you or a loved one has been bitten and injured by a dog, visit us online at www.helpishere.law or just give us a call at (713) 280-3204.Let the dog bite injury attorneys at Leo & Oginni Trial Lawyers evaluate your case for FREE! We will let you know how we can help and guide you through the process of making a negligent dog owner compensate you for your injuries.

Bed Bug Infestation Legal Representation in Houston

2019-12-17

How much is my bedbug case worth?

Whether traveling for holidays or for work, hotel and motel stays are common. Bedbug are becoming a bigger and bigger problem in hotels and motels and should be something to watch out for during your stay. We can help when hotel and motel managers fail to inspect their premises and exterminate for bedbugs. We can also help if hotel or motel managers knew bedbugs were present and did not do anything about it.

What is the average value of a bedbug case?

If you travel, you should always take time to inspect your room for signs of bedbugs. Bedbugs like to hide and nest in dark areas. Common places to look are behind headboards, baseboards, and even the seam area of the mattress (where it is stitched together). Signs of bedbugs include dark brown or black stains, white eggs, or mounds of defecation.

If you are bitten by bedbugs, or think you have been bitten by bedbugs, make sure you take pictures. Take photos of the bite area and take pictures of any signs of bedbugs. Take pictures of any bedbugs you see and of the areas where they are most likely to hide. Gathering evidence in your bedbug case is very important.

What is the average value of a bedbug case?

After you have taken pictures of all the evidence of bedbugs you can find, tell the hotel or motel staff about what happened. You should demand to be moved to another room right away or stay somewhere else. If you have emergency room or urgent care visits, those costs can be included in the value of a bedbug case. Any dermatologist appointments or surgeries to remove Keloid scarring may also go into determine what the compensation value of a bedbug lawsuit is. Bedbug bites can become infected or blister, possibly leaving scars behind; these injuries are all factored into the figuring the average value of a bedbug case.

What is the average settlement of a bedbug case?

Bedbugs produce more than bodily injury and medical bills. Bedbugs can also be spread into your home by hiding in luggage or clothes you have worn. If you stayed at a hotel or motel that had bedbugs, there is a significant change that you might also bring them back home into your house. Should your house become infested with bedbugs that were picked up at a hotel or motel, the cost of getting rid of the bedbugs from your home may also be included in the settlement of a bedbug case. The bills from exterminators and possibly the replacement of clothes, mattresses, and lost wages from work are factors in determining the value of a bedbug case.

Bedbugs are a serious nuisance pest and if you find them in a hotel or motel, take action quickly. Take care to ensure you don’t bring bedbugs back home with you. If bedbugs find their way into your home, call an exterminator quickly and keep track of the costs you incur, including any time away from work to deal with the infestation. Also, keep track of any clothing or home items that have to be thrown out because of bedbugs.

If you or a loved one has been bitten by bedbugs while staying at a hotel or motel, give us a call at (713) 280-3204 and we will let you know how we can help!

What is the 12.44a Texas Penal Code? | Class A Misdemeanor in Texas

2019-12-02

What is 12.44 Texas Penal Code?

Sec. 12.44. REDUCTION OF STATE JAIL FELONY PUNISHMENT TO MISDEMEANOR PUNISHMENT. reads as follows:

(a) A court may punish a defendant who is convicted of a state jail felony by imposing the confinement permissible as punishment for a Class A misdemeanor if after considering the gravity and circumstances of the felony committed and the history, character,and rehabilitative needs of the defendant, the court finds that such punishment would best serve the ends of justice.

(b) At the request of the prosecuting attorney, the court may authorize the prosecuting attorney to prosecute a state jail felony as a Class A misdemeanor.

Can you get 12.44(A) time?

One of the most common questions I get from people who have been arrested and are in county custody is: Can you get me 12.44(a) time? Unfortunately for most people, the answer is no because 12.44(a) and 12.44(b) are very limited and specific in their application.

What does this mean for my case?

First, your charge must be a State Jail Felony to qualify. Most often, we see State Jail Felonies that are drug possession offenses (less than one gram of a Penalty Group 1 drug, such as cocaine, meth, or heroin). If your charge is a First, Second, or Third Degree felony, 12.44(a) and 12.44(b) will not be an option.

Second, if your charge is a State Jail Felony, the prosecutor must agree to offer 12.44(a) or (b). A State Jail Felony carries a possible sentence of 180 days to 2 years in a state jail facility and up to a $10,000 fine or both. 12.44(a) allows for a State Jail Felony conviction to be punished as a Class A Misdemeanor. Class A misdemeanors carry a sentence range of up to 1 year in jail and a fine up to $4,000 or both. So, it is possible to get a conviction for possession of less than a gram of cocaine and have a jail sentence of less than 180 days. However...

In a plea bargain, the prosecutor must agree to offer 12.44(a) AND the judge must also agree to accept the plea bargain with 12.44(a) included. This doesn't happen often for a variety of reasons. If you have prior possession charges or a criminal history 12.44(a) is not likely to be offered.

If you are facing your first State Jail Felony or don’t have an extensive criminal history, you might be a good candidate for 12.44(a) if you are seeking a plea bargain with the State. Remember though, 12.44(a) WILL result in a felony conviction on your record. 12.44(a) only affects how the felony is punished.

Contact Attorneys in Houston for Legal Help

If you or a loved one has been charged with a State Jail Felony, help is here from Leo & Oginni Trial Lawyers. Contact us or give us a call at (713) 280-3204 and we will let you know how we can help!

Charged with a Crime in Houston? Here's What You Need to Do

2019-11-23

What will happen in my case?

Most Felony or Misdemeanor cases where charges have been filed take a similar path. After you are arrested, Article 15.17 of the Code of Criminal Procedure states, you shall without unnecessary delay, but not later than 48 hours after the person is arrested, take the person arrested or have him taken before some magistrate of the county where the accused was arrested. The magistrate shall inform in clear language the person arrested, either in person or through a videoconference, of the accusation against him and of any affidavit filed therewith, of his right to retain counsel, of his right to remain silent, of his right to have an attorney present during any interview with peace officers or attorneys representing the state, of his right to terminate the interview at any time, and of his right to have an examining trial. The magistrate shall also inform the person arrested of the person's right to request the appointment of counsel if the person cannot afford counsel.

After appearing before the magistrate, a bond will be set in most cases. Once bond is made, you will have a court date in the court that will hear your case anywhere from a day to a couple weeks after you are released on bond. It is best to take this time to contact a lawyer you trust to handle your case, like Leo & Oginni Trial Lawyers at www.HelpIsHere.law. An attorney from Leo & Oginni will go to court with our clients and will speak on their behalf because we understand that everyone is not comfortable speaking to a judge or the prosecutor who is trying to put them in jail.

Next, we will speak with the prosecutors and find out what Misdemeanor or Felony was charged and what evidence they say they have against you. Our main goal at this point is to try and get your case dismissed. A Criminal Defense attorney from Leo & Oginni Trial Lawyers will find out if there is blood evidence in DWI cases, laboratory analysis in drug possession cases, video surveillance in theft or robbery cases, or multiple witnesses. The evidence gathering process can take a few months. An aggressive Criminal Defense attorney from a trusted law firm like Leo & Oginni Trial Lawyers will look at all the evidence in your felony or misdemeanor case and work hard to get faulty or illegally acquired evidence against you thrown out.

Will I have to go back to jail for DWI/DUI or Possession of Controlled Substance?

After the evidence is in, the State will usually make a plea bargain offer. Many times, the offer is not the maximum sentence possible, but it is rarely the minimum either. We will negotiate for you and present the facts in the best possible light to get the best deal we can for you. Each person who is accused, each set of facts, and each prosecutor are different, so there is no magic recipe for a plea deal or dismissal. It is always YOUR CHOICE whether to accept the State’s plea bargain offer or not. Every plea deal is different and many times there are options like deferred adjudication or probation to keep you out of jail.

How long does it take to get a trial date?

If the State will not give a reasonable offer that you will accept, we will be happy to set your case for trial. A trial date will generally be many months in the future. While we wait for your day in court, you will stay on bond just like you have been up to this point. At trial we will involve you in the jury selection process and listen to any concerns you might have about potential jurors. We will make the State call witnesses and present their evidence. Then we get our turn to cross examine the State’s witnesses and talk about the evidence. You do not have to take the witness stand at trial and we generally encourage you not to

The jury will begin their deliberation after both sides rest. If you are found Not-Guilty, then you will be free to go home with no conviction on your record. In the case the jury finds you Guilty, the sentencing phase will begin and we will argue to get the lowest sentence we can with no jail time if possible.

A date for trial may be set from a couple months to many months in the future, depending on the court and they specific type of criminal case.

If you are arrested or accused of a crime, Help Is Here! Leo & Oginni Trial Lawyers handles both misdemeanor and felony criminal defense cases involving drugs (Possession of Controlled Substance), Driving While Intoxicated (DWI), Assault, Theft, Unauthorized Use of a Motor Vehicle (UUMV), Engaging in Organized Criminal Activity (gang related), and more. Help Is Here!

Remember, the less you say to police the better chance you have of beating your case. Any statement you make will certainly be used against you. You cannot talk your way out of being arrested and the police are not your friend when you are suspected of a crime.

Can a police officer search my car or force me to talk to them?

Anything you give the police consent to do, like the search of your car or field sobriety tests, will certainly be used against you. You always have the right to tell the police, “I want to talk to my lawyer before I make any statements.” Know your rights, but more importantly, use your rights!

If you have been charged with a felony or misdemeanor, visit Leo & Oginni Trial Lawyers online at www.helpishere.law or just give us a call at (713) 280-3204 and we will let you know how our Criminal Defense Attorneys can help!