Sometimes, individuals are prohibited from going certain places because there is a compelling reason to restrict their freedom to move about. For example, if a person has been found to be threatening to harm someone, the person who is being threatened may obtain a restraining order that prohibits the person who has been doing the threatening from being present within certain areas, such as the targeted person’s home, school, and workplace. Individual arrangements like restraining orders and probation agreements are tools that can be used to protect safety while providing some freedom for the individuals that are affected by them.
Unfortunately, not all orders restricting access to certain places are created equally. A recent gang injunction lawsuit in Harris County involves a proposed injunction that would ban ninety two individuals from a 1,326-acre area in south Houston. An injunction that would prohibit that many individuals from an area that large is a rather restrictive measure. It is so restrictive, in fact, that a number of criminal defense lawyers believe that it is unconstitutional.
The Texas Constitution forbids the banishment or transportation of citizens from the state. While the injunction would not ban the people from the entire state of Texas, the defense attorneys are certain that the purpose that the injunction would serve could be achieved through narrower measures. The reason that an injunction has been proposed is that there is a long-standing crime problem in area apartment complexes which is reportedly connected to gang activity. It is possible that the problem could be addressed by individual orders for each person, more specific restrictions for a smaller geographic area, or other measures, some of which may not even require the involvement of law enforcement or the court system. The attorneys argue that the proposed injunction, which is a form of civil relief, would unduly restrict the liberty of the individuals affected by it. The injunction would also infringe upon the individuals’ constitutionally protected activities by prohibiting them from working, living, visiting family, and assembling for religious purposes within the area covered by the injunction.
Texas Criminal Defense Attorney Alex Tyra – Protecting the Rights of Texans in the Criminal Justice System
Whether you are facing misdemeanor or felony charges, it is likely that you are aware of the impact that a criminal conviction could have on many areas of your life. An experienced Texas criminal defense attorney can explain the nature of the charges that you are now facing, and they will use the unique facts of your situation to make a solid plan for your defense. Your attorney is able to explain all of the various solutions that may be available to you in your criminal matter by describing how those options could affect various aspects of your life, especially those things in your life that matter most to you. If you would like to speak with us about whether we might be able to help you with your Texas criminal case, call Texas Criminal Defense Attorney Alex Tyra today, at (903) 753-7499.