Texas Penal Code 25.10 – Interference with Rights of Guardian of the Persons

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Texas Penal Code 25.10 – Interference with Rights of Guardian of the Persons

WHAT IS INTERFERENCE WITH RIGHTS OF GUARDIAN OF THE PERSON IN TEXAS?

Interference with a guardian’s possessory rights is taking physical custody of the guardian’s “ward,” or person for whom the guardian is legally responsible.

What is a ward? A ward is legally defined as a person for whom a guardian has been appointed. Generally, courts appoint guardians to have physical custody and provide necessary care to elderly persons and persons with disabilities who cannot care for themselves.

WHAT IS THE INTERFERENCE WITH RIGHTS OF GUARDIAN OF THE PERSON LAW IN TEXAS?

Tex. Penal Code § 25.10. INTERFERENCE WITH RIGHTS OF GUARDIAN OF THE PERSON.

(b) A person commits an offense if the person takes, retains, or conceals a ward when the person knows that the person’s taking, retention, or concealment interferes with a possessory right with respect to the ward.

(d) This section does not apply to a governmental entity where the taking, retention, or concealment of the ward was authorized by Subtitle E, Title 5, Family Code, or Chapter 48, Human Resources Code.

WHAT IS THE PENALTY CLASS FOR INTERFERENCE WITH RIGHTS OF GUARDIAN OF THE PERSON IN TEXAS?

Interfering with the rights of a person’s guardian is a state jail felony, punishable by 180 days to two years in a state jail facility.

WHAT IS THE PUNISHMENT RANGE FOR INTERFERENCE WITH RIGHTS OF GUARDIAN OF THE PERSON IN TEXAS?

The punishment range for interference with rights of a guardian, a state jail felony, is between 180 days and two years in state jail, and up to a $10,000 fine.

WHAT ARE THE PENALTIES FOR INTERFERENCE WITH RIGHTS OF GUARDIAN OF THE PERSON IN TEXAS?

As an alternative to jail time, a person may be placed on either probation or deferred adjudication for up to five years.

WHAT ARE THE DEFENSES TO INTERFERENCE WITH RIGHTS OF GUARDIAN OF THE PERSON IN TEXAS?

The statute creates an affirmative defense for a person acting under the legal authority of the Texas Family Code or the Human Resources Code. Those collections of laws authorize, for example, an employee of a protective services agency to remove an elderly or disabled individual living in a facility, if the person is investigating abusive conditions in the facility.

WHAT IS THE STATUTE OF LIMITATIONS FOR INTERFERENCE WITH RIGHTS OF GUARDIAN OF THE PERSON IN TEXAS?

The statute of limitations for interference with the rights of a person’s guardian, a state jail felony, is three years.

INTERFERENCE WITH RIGHTS OF GUARDIAN OF THE PERSON IN TEXAS

Taking physical custody of an elderly or disabled individual, in violation of a court order appointing a different person as a guardian, is against the law.

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CHARGES DISMISSED

DRIVING WHILE INTOXICATED .15

Driving facts involved failing to maintain a single lane and speeding. Client refused breath test and forced law enforcement to obtain search warrant for blood. Blood test result was not used after challenge from Defense, and State waived and abandoned charge.

CHARGES DISMISSED

DRIVING UNDER THE INFLUENCE

Client was a college student, worried about the collateral consequences of an alcohol offense. After negotiation and review of the traffic stop, the case was dismissed. Client received no criminal conviction. The charge was later expunged and deleted from client’s record.

CHARGES DISMISSED

DRIVING WHILE INTOXICATED .15+

Client was involved in minor accident. Client was at fault in accident. A young executive, client was concerned that a criminal conviction for DWI would result in termination. After review of the traffic stop, it was clear the officer lacked probable cause for arrest.

CHARGES DISMISSED

DWI 2ND

Client, a military veteran, was facing up to one year in jail. State could not prove intoxication by alcohol, and was prepared to proceed on loss of use by marijuana. After challenging the State to prove that marijuana was ingested at or near time of driving, and that marijuana impaired client’s driving, the State dismissed the case on the day of trial.

CHARGES DISMISSED

DRIVING UNDER THE INFLUENCE

Driving facts involved a false claim by police that taillight was out. After challenging the reasonable suspicion for the traffic stop, the State was forced to dismiss the case when video did not match police report. Client has since expunged arrest, and has no criminal record.

CHARGES DISMISSED

DRIVING UNDER THE INFLUENCE

Client is a public school teacher and faced immediate termination upon conviction. The facts of the case were bad. State was unwilling to budge in negotiation, and matter was set for trial – the last shot at avoiding a conviction and preserving client’s livelihood. State was forced to dismiss on day of trial. Client has no criminal record, and has since expunged the DWI arrest.

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