Criminal Law Blog

Creepshot Law Held Unconstitutional: New Cases in Texas Child Pornography Defense

The prosecution of child pornography cases just got a bit harder here in Texas after the highest criminal court in the state, the Texas Court of Criminal Appeals, issued its opinion last week regarding photographs taken of children in public places here. The court ruled that “upskirt” photographs are not illegal, no matter how disturbing…

More Texas DWI Convictions Will Be Overturned Because of Warrantless Blood Draws

Over in Tyler, somebody had a very good day recently – specifically, Samuel Gentry who saw his lawyer win a DWI appeal before the Tyler Court of Appeals and get his 3d DWI conviction overturned along with the Life Sentence he was serving.     Warrantless Blood Draw in DWI Case What happened? The police…

Ray Rice and When Couples Get Violent: Felony Charges in Dating and Marriage

Things exploded on the web this week when TMZ.com published a video caught by a hotel elevator cam of NFL star Ray Rice of the Baltimore Ravens punching his fiance (now his wife) Janay Palmer so hard that she fell unconscious to the floor of the elevator. Things only got worse as the video shows…

Texas Police Can Get Your Phone Records From Phone Company Without a Warrant: Ford v. State

This week, there’s lots of concern about cell phone security and phone privacy rights. Why? Thousands of celebrity nude photos have been posted online by a hacker for all to see (with the promise of more to come). Now the FBI has begun investigating how the cell phone pix were stolen (hacked) from private accounts…

Marijuana Tourism and Texas: The Lesson of Jacob Lavoro

As marijuana product lines flourish and recreational marijuana is legalized in nearby Colorado, what does it mean to Dallas? Serious charges in you’re caught with pot in any form: Texas law has not changed. Today, nineteen year old Jacob Lavoro and his family got some great news: the Williamson County District Attorney decided to drop…

The Mike Brown Law: Will Police Be Required to Wear Body Cameras?

As the events in Ferguson, Missouri, continue to unfold, a proposed new law is being advanced for all law enforcement in this country, the “Mike Brown Law.” It would require all police officers to wear a camera as part of their uniform, so all their actions on the job would be recorded. The campaign for…

Prosecutorial Misconduct in Texas: Continuing Injustice

For criminal defense lawyers in Texas, the idea that prosecutors are human and sometimes do very bad things isn’t news. It’s something to be monitored during every case and almost every day you ask yourself the question: is the prosecutor trying to pull a fast one here? Real life isn’t like TV shows, albeit even…

Federal Conspiracy to Distribute Case: Reduced 73.5%

Federal Conspiracy to Distribute

Defense Lessons of the Dallas Crime Lab and the Michael Phillips Exoneration

The Dallas Crime Lab has made the national news (along with the history books) by being the first crime lab to have its DNA evidence form the basis of a wrongful conviction exoneration where the defendant didn’t move for the re-testing of the crime lab results. This is a big national news story.  You can…

The John Wiley Price Case: a Dallas Criminal Defense Lawyer’s Predictions

First things first, the recent arrest of Dallas County Commissioner John Wiley Price is a big deal here in Dallas.   News of the FBI arresting Mr. Price on corruption charges came as a huge shock to many people in our neck of the woods. Some folk are still reeling from the news.   Why?…