Texas Penal Code 20.07 – Operation of Stash House

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Texas Penal Code 20.07 – Operation of Stash House

WHAT IS OPERATION OF STASH HOUSE IN TEXAS?

In Texas, operating a stash house means using or letting another use property, including a building, room, car, or piece of land, to commit a crime involving human smuggling or trafficking.

WHAT IS THE OPERATION OF STASH HOUSE LAW IN TEXAS?

Tex. Penal Code § 20.07. OPERATION OF STASH HOUSE.

(a) A person commits an offense if the person knowingly:

(1) uses or permits another to use any real estate, building, room, tent, vehicle, boat, or other property owned by the person or under the person’s control to commit an offense or to facilitate the commission of an offense under Section 20.05, 20.06, 20A.02, 20A.03, 43.04, or 43.05; or

(2) rents or leases any property to another, intending that the property be used as described by Subdivision (1).

(b) An offense under this section is a Class A misdemeanor.

(c) If conduct that constitutes an offense under this section also constitutes an offense under another law, the actor may be prosecuted under this section, the other law, or both.

WHAT IS THE PENALTY CLASS FOR OPERATION OF STASH HOUSE IN TEXAS?

Operation of a stash house is a Class A misdemeanor, punishable by up to one year in county jail, and up to a $4,000 fine.

WHAT IS THE PUNISHMENT RANGE FOR OPERATION OF STASH HOUSE IN TEXAS?

The punishment range for operation of a stash house, a Class A misdemeanor, is a maximum jail sentence of one year, and up to a $4,000 fine.

WHAT ARE THE PENALTIES FOR OPERATION OF STASH HOUSE IN TEXAS?

A person charged with operating a stash house may be eligible for probation after a conviction, or deferred adjudication without a conviction, for up to two years.

WHAT ARE THE DEFENSES TO OPERATION OF STASH HOUSE IN TEXAS?

The State prosecuting a person for operating a stash house must prove the person knowingly used or permitted another to use property to commit one of the listed offenses. An accused may attempt to negate any of the elements of the offense, including the allegation that he or she knew another was using the property for criminal purposes.

WHAT IS THE STATUTE OF LIMITATIONS FOR OPERATION OF STASH HOUSE IN TEXAS?

The limitation period for operating a stash house, a Class A misdemeanor, is two years.

OPERATION OF STASH HOUSE IN TEXAS

Texas law prohibits using or knowingly permitting anyone else to use property to commit a crime, including as a place to hide anyone being smuggled or trafficked.

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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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