Category Archives: Arrest and Indictment
Drug Free Zones in Texas: Serious Issue for Defendants Arrested for Drug Crimes
If you have to be arrested for drug possession in Texas, then try and make sure you’re not busted in a designated “Drug Free Zone.” Why? If you are caught with illegal drugs by law enforcement in a Drug Free Zone, then you’re going to be facing more serious and severe sentencing and more time…
Sexual Assault Charges in Texas: More Often, Women are Accused of Sex Crimes
Sexual assault arrests in Texas are life-changing situations: anyone busted for sexual assault here faces serious felony charges with the possibility of a long sentence in a Texas state prison. Just being arrested by police on a charge of “sexual assault” can cause major and permanent damage to someone’s reputation and relationships both personally and…
PRE-ARREST CRIMINAL INVESTIGATIONS
Pre-Arrest Texas Criminal Investigations: Police Investigations, Federal Investigations before Arrest As a Texas Board Certified Criminal Lawyer, I have experienced first-hand the lengths to which criminal investigators, law enforcement agencies, and police officers can go to try and find enough documents, paperwork, and witness statements to attempt and put together enough evidence to arrest or…
Seal Broken by Judge Today and Now We Know How The Police Are Eavesdropping on Public With Stingray Devices
For a long while, criminal defense lawyers along with civil rights activists as well as citizens who have been arrested by law enforcement in Police Departments all over the country have known that police have been using new technology to eavesdrop on phone calls and text messages. That’s not news. It’s been a real big…
Police Brutality in Texas? Robert Tolan Wins as 1983 Excessive Force Case Returned to Trial by US Supreme Court
Robert Tolan fights for justice. How many other Texans have 1983 excessive force cases against police officers that they are afraid to file? Earlier this month, the United States Supreme Court reversed the decision of our own Fifth Circuit Court of Appeals (the federal appellate court that grades the papers of federal criminal trial courts…
Navarette v. California: Supreme Court Okays Anonymous Tip for Traffic Stop — We’ve All Lost Something Today
Back in January, we warned about what happened today: the United States Supreme Court has okayed police pulling people over to search their vehicles based upon an anonymous tip in the case of Navarette v. California. In February, we were still reeling from the SCOTUS decision in Fernandez, where they found it legally permissible and…
Texas Police Interrogations: Constitutional Protections Exist, Do You Know Your Rights Should Police Question You?
Police interrogations happen all the time here in Dallas, and over in Fort Worth as well as the rest of Texas and around the country. Texas law enforcement officers (troopers, police officers, deputies) arrest people then interrogate them and take people into interrogation rooms for questioning as part of crime investigation routinely. These actions are…
Dallas Cowboy Josh Brent DWI Intoxication Manslaughter Trial Provides Lessons in Police Drunk Driving Blood Testing and Privacy Rights
This week, lots of people are following a trial here in Dallas as the intoxication manslaughter criminal trial of recently retired Dallas Cowboy Josh Brent got underway this week. For those of you who don’t know what’s going on here, pro football player Josh Brent and his best friend Jerry Brown, Jr., were in a…
Six AM No Knock Warrant Gets Burleson County Deputy Killed as Homeowner Arrested for Capital Murder: Is There an 1983 Suit Here?
Around an hour before sunrise one Thursday this month, in rural Burleson County near the town of Somerville, a man named Henry Goedrich Magee was awakened to the sound of someone breaking into his mobile home and as his lawyer explained later, thinking that he was the victim of a home invasion, Magee grabbed his…
Dog Sniffing Searches and the Fourth Amendment of the U.S. Constitution: Have Your Privacy Rights Against Unreasonable Search and Seizure Gone to the Dogs in Texas?
Dogs are great, and no one is going to challenge that dogs have the ability to hear and to smell things that human beings cannot. Dogs, after all, have the ability to hear sounds at a much larger frequency range than humans — from 67 Hz to 45 kHz (humans max out at 23 kHz)….
