Criminal Law Blog

Texas Millionaire John Goodman Retrial For Drunk Driving Vehicular Manslaughter: Lessons in Zealous Criminal Defense

This story starts in February 2010 over in Florida, in a town about the same distance north of Miami as Austin is to San Antonio. John Goodman, a Texas native and heir to a huge family fortune built by his daddy down in Houston, was driving his convertible Bentley extremely fast when he crashed into…

Dallas County Marijuana Arrests: In 2015, Dallas Police Not Busting for Pot

Dallas police officers stop people for being high or possessing pot all the time; often, these encounters result in arrests that are not based upon serious felony charges leading to significant jail time upon conviction. Lots are misdemeanor charges. Bottom line, many of the marijuana arrests in our area are for relatively small amounts of…

Collin County Sexual Assault “No Billed”

Mr. Lowe got his client’s 2nd degree Felony Sexual Assault charged “no billed” in Collin County.  Mr. Lowe’s client (Texas State licensed armed security guard) was attempting to remove his live-in girlfriend from his home in Plano, Texas.  When Plano Police arrived at the scene, his girlfriend claimed that Mr. Lowe’s client sexually assaulted (“rape”)…

Dallas Ebola Victim: No Evidence of Intent to Deceive; DA Assault Charges Were Wacky

Ebola victim Thomas Eric Duncan died early this morning at Texas Presbyterian Hospital here in Dallas, where he had been quarantined and isolated from all human contact for the past 14 days.  It’s sad to think that Thomas Duncan died alone. Our sincerest condolences to his family and loved ones who are grieving their loss…

College Rape Charges: Growing Danger to Due Process and Justice

Awhile back, we posted about the national focus on a “rape culture” existing on U.S. college campuses, and how the federal government was investigating several schools — including Southern Methodist University (SMU) here in Dallas — for failing to deal effectively with the problem of sexual assaults on their campuses.  See, “SEXUAL ASSAULTS ON CAMPUS:…

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…