Posted on September 16, 2025 in Drug Crimes

Texas residents may be surprised – and confused – to learn that new legislation has decreed that even if the substance inside a vape pen is legal, the device used to consume it may not be. The state has created a confusing situation where consumers and retailers risk criminal penalties for selling vape pens, regardless of whether the liquid inside is legal. It is likely that this new law will spark legal challenges across the state as it targets the delivery mechanism rather than the actual substance.

Even though Texas law does not explicitly ban the possession of a THC vape pen, sellers of the pens can face up to a $4,000 fine and a year in jail. The measure banning vapes containing cannabinoids (including Delta-8) was tacked on to another bill in the state that prohibits e-cigarettes "disguised" as pens, highlighters, smartphones, or other products. Under Senate Bill 2024, those who sell or market a vape containing a cannabinoid – even when the substance inside remains legal - can face a Class A misdemeanor charge.

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 Posted on September 10, 2025 in DUI/DWI

In Houston, we are blessed with sun most of the year, making amusement parks a popular attraction. From the small to the large, from Ferris wheels to roller coasters, Houston has a ride for you and/or your children. Amusement parks make for a great day and for memories that last a lifetime.

People are generally cheerful and happy at amusement parks, and adults sometimes consume alcohol as part of the festivities. For customers, alcohol consumption is fine (so long as there is a designated driver), but for employed personnel carrying out their job by either operating a ride or assembling a mobile one, alcohol is strictly forbidden.

Amusement park rides are fun. However, they can also be dangerous, even without interference or mechanical errors. In fact, thousands of kids a year are injured without the suspicion that tortious or criminal acts were involved.

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 Posted on September 04, 2025 in Criminal Defense

Two men in the Houston area recently took turns shooting at one another inside a home in a residential neighborhood while wearing ballistic Kevlar helmets. While the men were, by all accounts, friends, the shooting ended in the death of one of the men. While this particular incident seems to be more than a "normal" shooting accident, the question arises as to when a shooting accident that results in a death is charged as a homicide.

While each situation is judged on the facts of the incident as well as the evidence gathered by police, not every shooting in Texas includes intent. A hunting trip gone terribly wrong, a gun discharging while being cleaned, or a reckless moment at a party can all lead to tragedy, but may be considered an accident rather than a deliberate attempt to kill another person.

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 Posted on August 31, 2025 in DUI/DWI

If you are facing a DWI in Texas for driving while intoxicated by a controlled substance like cocaine, you are likely worried about what will happen next. Fear, embarrassment, and concern over whether you will face jail time or lose your license are entirely normal. It is important to remember that you are innocent until proven guilty.

Just because the police charge you with DWI or a controlled substance violation does not mean that a court will find you guilty. When you have an experienced Houston DWI attorney, you have options. A highly skilled criminal defense attorney in Texas with specific experience in controlled substance DWIs will comprehensively craft the best possible defense in your case.

Controlled Substance DWI in Texas

In Texas, driving while intoxicated does not always involve alcohol. Instead, you can also face arrest if you are intoxicated because of drugs, alcohol, or a combination of both drugs and alcohol. While the penalties are similar, finding cocaine in a vehicle has the potential for additional legal repercussions.

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 Posted on August 27, 2025 in Criminal Defense

While Houston and the entire state are definitely tough on crime, and a murder conviction often means a life sentence or the death penalty, the state does recognize that not all killings occur under the same set of circumstances. In some cases, a person may act in the heat of the moment, provoked by overwhelming emotions. In cases where this is true, the law may treat the offender differently, bringing in the concept of "sudden passion" (Texas Penal Code Section 19.02(d)).

If the defense attorney can prove sudden passion, a murder conviction can be reduced from a first-degree felony to a second-degree felony, dramatically lowering the sentence. If you have been charged with murder, your Houston, TX criminal defense lawyer will look at every angle. If sudden passion applies, he or she will argue that at your trial.  

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 Posted on August 15, 2025 in DUI/DWI

You have made the hard but right decision to fight your DWI charge. After a period of pretrial negotiations, motions, and hearings, a trial is just around the corner. Like most things in life, preparing for the trial is your first and most effective form of defense. Everything during that trial will revolve around you, so everything you do must be prepared and thoughtful.

The trial is your means of defending yourself. It is your means to an acquittal. It is your means of safeguarding your future and everything that matters to you. Your attorney, the person who will be guiding you through the process, is the one who will help you prepare. As such, your attorney is the key to a successful trial.

Doug Murphy, a Board-Certified DWI defense lawyer and a Board-Certified criminal defense lawyer, pursues each DWI case with the expectation that it will go to trial. He is not someone who likes to take plea deals unless they result in the best possible result. He knows how important a clean criminal record is for most of his clients, and he wants to keep it that way.

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 Posted on August 12, 2025 in White Collar Crimes

Money laundering is a very serious white-collar crime, and, unfortunately, in some cases, a person can be charged with money laundering or the similar crime of "structuring" when they are unaware they have done anything wrong. In the state of Texas, you can face serious criminal charges, even if you never touched illegal money, simply for how you deposit or withdraw your own funds.

This is known as structuring. Structuring involves breaking up financial transactions to avoid bank reporting requirements. Many people accused of structuring had no idea they were breaking the law. Structuring is defined under federal law (31 U.S.C. Section 5324) and (Texas Penal Code Section 34.02). Perhaps you are facing charges of money laundering or allegations of structuring. In that case, it is important that you speak to an experienced Houston, TX criminal defense lawyer as soon as possible to ensure a strong defense.

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 Posted on August 06, 2025 in Drug Crimes

Recently, a Texas Department of Criminal Justice (TDCJ) inmate was arrested and charged with federal violations regarding drug conspiracy. The man allegedly used drones to smuggle drugs and contraband into a TDCJ facility. The man is being accused of conspiracy to possess with intent to distribute methamphetamine and synthetic marijuana. If convicted, the 35-year-old man faces up to life in federal prison.

In the state of Texas, you do not have to be caught with drugs in your possession to face serious drug charges. The state has broad drug conspiracy laws that make simply agreeing to participate in a drug-related crime (even if you never touch the drugs) can lead to the same penalties as the person who does. Drug conspiracy charges are a legal "trap" that can pull in anyone from casual acquaintances to unwitting bystanders.

What drug conspiracy charges may come down to is how the law defines "agreement." If you find yourself entangled in a complex drug conspiracy case, you must speak to a knowledgeable Houston, TX criminal defense attorney. These are very serious charges with severe penalties, and hoping the charges will go away is never a good strategy for protecting your future.

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 Posted on July 31, 2025 in Criminal Defense

Not every domestic violence allegation is exactly as it appears. Often, an innocent mistake can result in injuries that the police will believe resulted from an act of domestic abuse. When there are no independent witnesses and the injured party alleges abuse, the police will typically make an arrest despite the lack of evidence.

If you find yourself in this situation, the fact that the injury occurred as a result of an accident could result in a successful defense in your case. Claiming your use of force was accidental or unintentional will not guarantee your success, especially given that some domestic violence charges do not require an intentional act.

That said, if your attorney can establish that you were acting reasonably and did not intend to harm anyone, they might secure a dismissal of the charges against you. If you face domestic violence allegations stemming from an accident, let a skilled Houston, TX domestic violence attorney from Murphy & McKinney Law Firm, P.C. evaluate your case during a free consultation.

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 Posted on July 24, 2025 in Violent Crimes

You do not have to be the person who actually kills another person to face homicide charges in the state of Texas. In certain cases, simply being involved in a crime that results in another’s death can land you behind bars for murder, even when you never actually touched a weapon.

Texas law casts a wide net when it comes to holding people responsible for deadly outcomes, from felony murder to accomplice liability. If you are being charged with murder even though you did not kill someone, consulting with a Houston, TX criminal defense attorney is the best step you can take toward protecting your rights and your future.

Felony Murder in Texas

In the state of Texas, there is intentional killing of another person, felony murder, and aiding the killer. Felony murder consists of causing a death while committing or attempting to commit a felony, even if the death is unintentional.

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