Category Archives: DA Watch
Texas Prosecutor on Trial for Prosecutorial Misconduct
Prosecutorial misconduct is a problem of epidemic proportions in this country. There is lots of discussion in criminal justice circles (and elsewhere) about how best to rein in these rogues and stop the rampant injustice created by prosecutorial misconduct. For more on the severity and seriousness of the prosecutorial misconduct problem in Texas, read our…
Share ThisRead More
Gang Crime Charges: Increasing Prosecution of Gang-Related Crimes in Texas
This week, President Trump publicly blamed former President Obama for allowing known Central American gang MS-13 to gain a foothold in the United States. See, “Trump blames Obama for formation of MS-13 crime gang,” published by the Business Insider on April 17, 2017. Two months ago, the President signed a series of three executive orders…
Share ThisRead More
Prosecutor Withholding Evidence from Defense in Federal Criminal Case
In a criminal case, someone’s freedom — or even their life — is on the line. Legally, this places special duties upon the prosecution to be fair with the defendant. All sorts of laws exist to protect against abuse by the state: things like the Speedy Trial Act, for instance. Prosecutorial Duty to Turn Over…
Share ThisRead More
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…
Share ThisRead More
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…
Share ThisRead More
Prosecutorial Misconduct in Texas: Right Now, it’s an Appellate Fight
Prosecutorial misconduct isn’t going away. It’s a very serious problem here in Texas. And it’s been a huge evil lurking in our criminal justice system for many years. Why is it so wicked? Because a prosecutor has so much control over what happens to an individual who has had their freedom taken from them by…
Share ThisRead More
Eavesdropping on Criminal Defense Lawyers: Attorney Overhearings as Evidence
Occasionally clients or potential clients will voice concerns about the safety of communication with their criminal defense lawyer. It’s understandable, given all the technological advances in snooping devices. Snooping Gizmos So You Can Eavesdrop Surf online and you can find all sorts of ways to listen into phone conversations, as well as monitor things being…
Share ThisRead More
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. …
Share ThisRead More
Who’s Running Dallas? Big Changes in Law Enforcement – Know Your Rights With Police
Major changes here in Dallas in the world of crime and criminal justice. Big ones. What’s the likelihood that rights will be trampled in the process? From a criminal defense perspective, all these changes are a red flag for wrongful arrests, unconstitutional searches and seizures, and more. Why? What’s going on here in North Texas?…
Share ThisRead More
False Confessions: Police Get Them, Prosecutors Use Them – Three Recent Examples and How to Protect Yourself
Let’s talk about Confessions. False confessions. Think about this: you’re tried — and convicted — of a very public crime, let’s say a homicide, and sent off to prison. Your lawyers keep working; the judge orders a retrial. Then, wham! The prosecutors in the case go before the judge and file their motion to dismiss…
Share ThisRead More
