Category Archives: Orwellian Threats to Rights

Bail in Texas: What’s All This About Bail Reform? Can You Get Out of Jail?

Bail is not guaranteed to you in the constitution. It’s a process that has been created by legislatures and courts to help people get out of jail after they’ve been arrested. Defendants in Texas do not have a legal right to being released after arrest. Innocence doesn’t matter. Federal vs. Texas Bail Process Bail is…

How To Get Out of Jail on a Federal Charge: Federal Arrest, Bail, and PreTrial Detention

Let’s focus on the feds today. Arrests here in Dallas (or anywhere in Texas) can be based upon violations of either state law or federal law. (Sure, there are municipal ordinances and county regulations, too, but we’re going to include them under the general heading of state law, from which their power is derived.) So,…

False Confessions: Police Get Them, Prosecutors Use Them – Three Recent Examples and How to Protect Yourself

Let’s talk about Confessions.  False confessions. Think about this: you’re tried — and convicted — of a very public crime, let’s say a homicide, and sent off to prison. Your lawyers keep working; the judge orders a retrial. Then, wham! The prosecutors in the case go before the judge and file their motion to dismiss…

Private Prison Company CCA Detention Facility Secretly Recording Lawyer – Client Meetings

How Safe are Criminal Lawyer Conversations with Clients? The Rising Danger to Attorney-Client Privileged Communications There is no justice to be had if there isn’t confidence in our ability to have safe and secure conversations with our lawyers, is there? This is particularly true when it’s a criminal defense attorney communicating with their client, who is…

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….

Prosecutorial Misconduct: How Bad Is It? Dallas Chief Investigator Pleads Guilty to Taking Bribe

Prosecutors are the attorneys who earn their salary by working for the government in enforcing criminal laws in the criminal justice system. They are supposed to be interested in justice, not personal career wins or financial gain. That’s not the reality today — prosecutorial misconduct is a catch phrase that is trending. We’ve written about…

Immigration Holds in North Texas: Indefinite Stays and Dallas County Sheriff

There’s a reason that you get nervous when you see that police car in your rearview mirror: police officers have tremendous power in this country, and we all depend upon them to exercise that power (in legalese, their “police powers”) responsibly. Not that this gives many of us much comfort. DWI Held on Immigration Bond…

Forfeiture Victory for Police: They Can Seize and Keep Assets Even In an Illegal Search Says Texas Supreme Court

Texas law allows the police to take property from someone even if the property owner is never charged, much less convicted of a crime. This is called “civil forfeiture,” it’s allowed under Tex. Code Crim. Proc. Ann. arts. 59.01-.14 et seq., and we’ve discussed this several times before. Lots of people are against civil forfeiture…

Is There Chaos in the Dallas Criminal Justice System? Consider These Five News Stories in May 2016

Criminal defense lawyers tend to see the world a bit differently than most. Maybe that’s because we are privy to things that most of the general public is not and it skews our perspective. However, if anyone has been reading the news stories for the past three or four weeks coming out of Dallas County,…