Criminal Law Blog

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. …


Loss of Privacy And Arrest in Texas: Hurting Your Job, Your Relationships, Your Life

You can be arrested under either federal or state law here in Texas. We’ve discussed how those two systems work side by side here in Dallas, Fort Worth, and North Texas. For more on the process of being detained, arrested, and released on bail, read: Out on Bail: Pre-Trial Conditions in Dallas, Fort Worth, and…


Out on Bail: Pre-Trial Conditions in Dallas, Fort Worth, and North Texas

We’ve discussed being detained versus being arrested, and the process of getting out of jail on bail if you are arrested here in Texas. Far too many people sit in jail here in Dallas, Fort Worth, and the rest of North Texas because they cannot make bail. That’s why there’s a big movement today for…


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?…


Arrested in Texas: Resisting Arrest, Evading Arrest, Detained Without Arrest

Once again, let’s all remind ourselves that the real world and what we watch on television are two very different things. Prosecutors don’t work crime scenes alongside the police officers, for instance. The attorneys are in court or in their offices, preparing for court. Maybe arrests would be different if they did. Lots of wacky…


Brendan Dassey Motion for Release from Jail During Appeal of Wrongful Conviction Ruling

The Motion to Release Brendan Dassey on his own recognizance (no bail bond) has been filed with the federal court that ruled he was the victim of a wrongful conviction.  Both the motion and its memorandum in support (which has all the legal arguments) have been placed in the Michael Lowe Digital Library. This supplements…


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…


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…