The Coronavirus Pandemic is unprecedented in its impact upon our lives, and this includes the criminal justice system. The danger of coming into contact with COVID-19 is so great that “Stay at Home” Orders have been issued for Collin, Dallas, Denton, and Tarrant Counties as well as other communities across the state. The Incarcerated are…
Share ThisAn overview of Grand Jury Proceedings from a criminal defense lawyer’s standpoint. There are two kinds of juries in Texas: “petit juries” and “grand juries.” In criminal cases, a “petit jury” is selected to serve in a particular trial in order to decide on the defendant’s guilt or innocence. A “grand jury” never makes that…
Share ThisInnocent people can be arrested. Wrongful arrests happen, too, where police officers, sheriff’s deputies, or federal agents arrest people with insufficient “probable cause” to do so, in violation of the individual’s federal and state constitutional rights. For details, read “What is Probable Cause For Police to Arrest in Texas?” When these are felony arrests made…
Share ThisConstitutional protections demand that probable cause exist before there can be a valid arrest. Probable cause is a term originating in our federal constitution which has been adopted in the Texas constitution. It is a tough, longstanding constitutional safeguard guaranteed by both our state and federal Bill of Rights. Specifically, both constitutions decree no member…
Share ThisAdditional Information Provided in Addition to my YouTube video On television and in the movies, people are always giving statements to the police. In all the versions of Law & Order, for instance, the police are taking statements from people with or without their lawyer being present. In fact, it’s hard to remember an episode…
Share ThisThe Aftermath of Fort Worth Court of Appeals Decision in Badger Here in Texas, jury selection begins down in Austin. The Secretary of State’s Office combines (1) each county’s list of registered voters with (2) those whose residence address on their Texas Driver’s License or Texas Identification Car is within the county’s jurisdiction, according…
Share ThisCriminal Defense Discussion of Constitutional Challenges to Texas’ Version of Jessica’s Law Recently a petitioner took his case to the highest court in the land, the Supreme Court of the United States (SCOTUS), asking the High Court to consider whether or not the Texas statute enacting the Lone Star State’s version of Jessica’s Law violates…
Share ThisCriminal Defense Overview of Texas’ Version of Jessica’s Law In February 2005, a nine-year-old girl named Jessica Lunsford was abducted from her bed in her family home’s in Homosassa, Florida. Her body was discovered buried in a shallow grave, shrouded in a garbage bag, behind the mobile home where a neighbor named John Evander Couey…
Share ThisA year has come and gone since the First Step Act (FSA) was passed to change the way that federal prisoners can achieve an early release from prison. Officially, the First Step Act of 2018 became law on December 21, 2018. See generally, First Step Act of 2018, Pub. L. No. 115-391, 132 Stat. 5194,…
Share ThisCrimes involving computer use and accessing the internet can involve all sorts of criminal activity, but they come with their own separate criminal charges and punishments. The aspects of cybercrime defense are widespread because of the range of activity underlying the internet usage made the basis of the charges. From money laundering or child pornography…
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