Category Archives: Arrest and Indictment
Intellectually Disabled or Mentally Ill: Competency to Stand Trial and the Insanity Defense
This week, the Supreme Court of the United States (SCOTUS) issued its opinion in Moore v. Texas (read it here). This case is not only a victory for Texas Death Row inmate Bobby Moore; it’s also a major event in Texas criminal law. Why? SCOTUS has ruled that the Texas legal procedure for determining if…
Texas Needs New Asset Forfeiture Law Reform: Spread the Word
Asset forfeiture: yes, we’re back on the stump about it again. First, let’s talk about the status of the pending asset forfeiture reform legislation as of the end of February 2017. We wrote about this proposed legislation right around Christmas; see the details in “Will Texas End Civil Forfeiture in 2017?” 1. Texas Senate On…
John Wiley Price Trial: a Dallas Criminal Defense Lawyer’s 10 Things to Know
Back in July 2014, Dallas County Commissioner John Wiley Price was arrested by federal authorities on corruption charges. It was a real shock. The entire city reeled from the news of District 3’s “Our Man Downtown” being indicted. For details, read our July 2014 post “The John Wiley Price Case: a Dallas Criminal Defense Lawyer’s…
Juvenile Arrests in Texas: When Kids Are Charged With Adult Crimes
Here in Texas, there’s lots of talk about what is the right age for prosecution as an adult and not as a juvenile. Is Texas wrong to prosecute seventeen year olds as adults? Big hint here: the United States Supreme Court has ruled that in the United States of America, you become a legal adult…
Getting Out of Jail in Texas on a Writ of Habeas Corpus
There’s more than one way to regain your freedom after an arrest here in Texas. Under either federal or state law, you can challenge the legality of your situation – being held behind bars – by filing an application with the court for a “writ of habeas corpus.” What is a Writ of Habeas Corpus?…
2017 Dallas RIGHT Program: Mentally Ill Avoid Bail and Jail
Mental illness often leads to arrest here in Dallas and North Texas. All too often, people suffering from any number of psychological issues find themselves behind bars of local state and county jails. Frequently they remain in jail, and without treatment, because they are unable to make bail. This isn’t news. It’s a problem that…
Will Texas End Civil Forfeiture in 2017?
Right now, the police can take your property and keep it forever even if you are never convicted of any crime. Things may change soon, though. Here’s the skinny: New Law Proposed to End Civil Forfeiture in Texas In a matter of weeks, state lawmakers will return to Austin for the 85th Biennial Texas Legislative…
Defenses in Texas Criminal Cases
Criminal defense isn’t just trial work, even though it sure looks like it if you watch all the TV crime shows. A lot of defending clients charged with crimes here in Texas involves working with evidence and negotiating with the government. Defending happens a lot of the time at a desk with a keyboard, or…
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. …
