Category Archives: Arrest and Indictment

Shaken Baby Death Case: Deferred Adjudication in Potter County, Amarillo, Texas

Mr. Lowe’s client was charged with Injury to a Child, Serious Bodily Injury, a second degree felony in Potter County, Amarillo, Texas.   The Potter County District Attorney’s office accused Mr. Lowe’s client of causing the injuries that led to a 2 year old child’s death and faced up to 20 years in the penitentiary….


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…


Client Communications With Criminal Defense Lawyers – Keeping Your Lawyer and Client Communications Safe From Eavesdroppers and Hackers

This week, the director of the National Security Agency responded to the demand letter sent by the American Bar Association (see details on the ABA letter including its full text here) and what Director General Keith Alexander had in reply shouldn’t be a surprise to anyone: the NSA has told the ABA not to worry,…


Privacy of Lawyer-Client Communications In Danger: The Growing Need for Greater Protections of Communications Between Attorney and Client

A couple of weeks ago, the American Bar Association (ABA) wrote the National Security Agency (NSA) about several concerns that lawyers all over the United States have (regardless of whether or not they are members of the ABA) regarding news that the NSA collecting confidential communications between an American law firm and its client, with…


The Power of the Police to Search Your Home and Property: 2 New High Court Opinions On When Police Can Search Without a Warrant in Texas

It seems like there are weekly, if not daily, news stories covering excessive force or unwarranted use of police power by law enforcement officers around the country and it is only through the criminal justice system – particularly criminal defense fights and judicial reasoning and opinion – that people can find justice from overzealous police…


U.S. Supreme Court Will Make Big Decisions on Your Privacy Rights from Police this Year: the Boundaries of Law Enforcement Intrusion

Yesterday’s State of the Union address is still the talk of many today, with many discussing the extent of the executive branch’s power and exactly what “checks and balances” means. However, for many criminal defense practitioners there’s more to be considered in 2014 than what the President or Congress may be doing up in Washington,…


SECOND CHANCES: HOW TO GET RID OF YOUR TEXAS CRIMINAL RECORD

You Can Clean Up Your Texas Criminal History Through Expungement (Destruction) or Nondisclosure (Sealing) of Texas Criminal Records Police officers arrest people all the time; it doesn’t mean that everyone arrested is guilty of a crime. An arrest is not a conviction. Nevertheless, for anyone who has been arrested, their future has been forever changed…


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…