Category Archives: Evidence

Prosecutor Withholding Evidence from Defense in Federal Criminal Case

In a criminal case, someone’s freedom — or even their life — is on the line.  Legally, this places special duties upon the prosecution to be fair with the defendant.  All sorts of laws exist to protect against abuse by the state: things like the Speedy Trial Act, for instance. Prosecutorial Duty to Turn Over…


FBI Investigations and DOJ Prosecutions: Fighting for Your Privacy Rights

Of paramount concern to criminal defense attorneys is protecting due process and making sure that any investigation and prosecution by the government abides by constitutional protections like limited police powers, the right to privacy, and search and seizure protocols. Criminal Defense and Privacy Protections This is true for the underlying investigation into criminal activity.  It…


Defenses in Texas Criminal Cases

Criminal defense isn’t just trial work, even though it sure looks like it if you watch all the TV crime shows. A lot of defending clients charged with crimes here in Texas involves working with evidence and negotiating with the government. Defending happens a lot of the time at a desk with a keyboard, or…


Eavesdropping on Criminal Defense Lawyers:  Attorney Overhearings as Evidence

Occasionally clients or potential clients will voice concerns about the safety of communication with their criminal defense lawyer.  It’s understandable, given all the technological advances in snooping devices. Snooping Gizmos So You Can Eavesdrop Surf online and you can find all sorts of ways to listen into phone conversations, as well as monitor things being…


FBI’s New Global Hacking Rule: Amended Federal Rule 41 Danger to Your Privacy

Last week, a letter was sent to the U.S. Attorney General signed by 23 Senators and Congressmen, both Republican and Democrat, asking for Loretta Lynch to explain how the new Federal Rule on federal search warrants for computers is going to work. Criminal defense lawyers have been worried about this new expansion of federal power…


Lineups and Showups: What They Are and Why They’re Challenged

Lineups and Showups Use Eyewitness Testimony to Identify Suspects Watch most any TV detective show and sooner or later, you’re going to see the police (and sometimes prosecutors, too) identify their Bad Guy with a lineup or showup. These are popular ways for TV police to have eyewitnesses point the finger at the bad guy. …


Who’s Running Dallas? Big Changes in Law Enforcement – Know Your Rights With Police

Major changes here in Dallas in the world of crime and criminal justice. Big ones. What’s the likelihood that rights will be trampled in the process? From a criminal defense perspective, all these changes are a red flag for wrongful arrests, unconstitutional searches and seizures, and more. Why? What’s going on here in North Texas?…


Why Brendan Dassey Can’t Get Out of Jail Even Though Federal Judge Overturned His Conviction

Federal Criminal Appeals: Lessons from Netflix’s “Making a Murderer” Brendan Dassey Case How can a judge overturn a conviction as being wrongful and unjust, and the defendant still remain behind bars? That’s what is happening in the Brendan Dassey case — and it’s a great lesson to all of us on how the criminal justice…


Social Media Arrests: Criminal Charges Based On Content Itself – No Warrant Necessary

Law Enforcement Monitors Facebook, Twitter, YouTube, and Other Social Media for Investigation – and Now as Basis for Arrest Twitter, Facebook, YouTube, Snapchat, Google+, Pinterest, LinkedIn, Periscope, Instagram: what’s your social media preference? Odds are very high that you use some form of social media, no matter what your age, what kind of work you…


Federal Prosecutor Powers: Is the FBI Recording Your Conversation Down at the Courthouse?

There are more criminal cases filed in state courts here in Dallas and North Texas than in the federal system, and there are a number of reasons for this. However, the power of the federal system and the impact of federal practices and federal court cases upon state and local criminal systems cannot be underestimated….