Category Archives: Arrest and Indictment

Grand Jury Proceedings in Texas: Indictment and Defense 

An 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…


Examining Trials in Texas

Innocent 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…


What is Probable Cause for Police to Arrest in Texas?

Constitutional 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…


Don’t Ever Talk to the Police! Never Give a Statement to Law Enforcement in Texas Criminal Investigation

Additional 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…


ICE Holds, Bail Bonds, and Getting Freed from Jail in Texas

Arrests are not the same as being charged with a crime.  For instance, a police officer (or sheriff’s deputy or state trooper) can pull someone over here in Texas and place them under arrest.  Here is when the Miranda rights must be given to the accused, which include explaining that the person has a right…


Loss Amounts in Federal Sentences: Calculating Economic and Financial Losses in Federal Felonies

Federal Sentencing Guideline 2B1.1 explains how to calculate monetary loss in a variety of crimes, such as tax evasion, structuring, wire fraud, money laundering, and mortgage fraud. Financial crimes prosecuted by the federal government usually involve a lot of money that builds into a large economic loss for its victims.  Criminal creativity being what it…


Human Trafficking in Texas: Criminal Defense Perspective Part 1 of 2

Trafficking Crimes in Texas Trafficking is a criminal law term used for both drug crimes and sex crimes.  Here, we will be excluding drug trafficking and the defense of those charged with trafficking drugs in Texas. Our focus is on the crimes involved in human trafficking laws: what they provide, and related crimes that are…


Texas Bait Car Arrests: Criminal Defenses in Police Bait Car Sting

Defendants charged with theft after a bait car arrest may not win an entrapment argument but this does not mean there may not be a viable defense. Stealing cars (along with pickup trucks, SUVs, and minivans) is big business here in Texas.  According to the FBI’s Uniform Crime Reports, Texas has more auto thefts each…


Exigent Circumstances: What They Are and How They Allow Police to Search and Seize Without a Warrant

There are times when police officers in Texas can search without a search warrant; sometimes they don’t even have to knock on the door before entering your home. Sitting in the comfort of your living room, you may assume you’re safe from intrusion by the police.  Surely they can’t barge into your private home, uninvited…


Illegal Search Warrants: Challenging the Underlying Affidavit

Texas Defense Attorney Strategies against Illegal Search Warrants Under Texas law, a “search warrant” is defined as “a written order, issued by a magistrate and directed to a peace officer, commanding him to search for any property or thing and to seize the same and bring it before such magistrate or commanding him to search…