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…
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…
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…
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…
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…
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…
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. …
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…
Is There Chaos in the Dallas Criminal Justice System? Consider These Five News Stories in May 2016
Criminal defense lawyers tend to see the world a bit differently than most. Maybe that’s because we are privy to things that most of the general public is not and it skews our perspective. However, if anyone has been reading the news stories for the past three or four weeks coming out of Dallas County,…
Forfeiture Funds are Back as Equitable Sharing Program Gears Up in Dallas County and State of Texas
Back in March, the Department of Justice issued a news release that had to have been met with lots of joy in law enforcement offices all over the State of Texas: the “Equitable Sharing Program” was back, effective immediately! Both the March 28, 2016 Letter Sent by the Department of Justice to State, Local, and…
