Category Archives: DA Watch
Probation, Jail, and Money: Do You Know About Probation Fees in Texas?
After you are arrested here in Dallas or Fort Worth, or elsewhere in North Texas (or the rest of the state, for that matter), you’ve got a prosecutor wanting to maximize their case against you as best they can. If you have a good criminal defense lawyer, then your attorney is going to be fighting…
Privacy of Your Smart Phone: Police Search and Seizure and Apple’s Fight Against the FBI
There is a huge privacy fight going on this month up in Washington regarding privacy and your smart phone, as the Federal Bureau of Investigation (FBI) wants access to all the data that is setting encrypted on the iPhone taken by the local police in the aftermath of the San Bernardino shootings. Some may argue…
Prosecutorial Misconduct in Texas Murder Trials: Prosecutors Fighting Against Misconduct Allegations
Prosecutors in Texas doing bad things is a serious problem – and one that is slow to be corrected. We’ve discussed this issue in case after case, coming from all parts of the state, for several years now. For past examples, read our posts including: August 2015: District Attorneys Keep Doing Bad Things: More Texas…
Grand Jury in Texas: Defending Witnesses and Targets of Grand Jury Investigations
You read about grand juries all the time: just this month, there was national news coverage in the Tamir Rice case, because there was no indictment; the grand jury voted against it. Another example: in the Sandra Bland case, there was an indictment because the grand jury voted for it – after the grand jury…
Prosecutorial Misconduct in Texas Alert: Ethical Rules Held to Have Broader Duty Than Brady to Turn Over Exculpatory Evidence to the Defense
Back in November 2014, a State Bar of Texas Grievance Committee ruled that a Denton County assistant district attorney named William (”Bill”) Schultz had violated the ethical rules that all Texas attorneys are sworn to uphold. Not only that, but more: he had committed a serious ethics violation and his unethical conduct deserved suspension from…
Waco Justice? 100 Days After Twin Peaks Biker Arrests, Things Look Fishy to Criminal Defense
Today, the Dallas Morning News published an editorial calling for the end of the gag order down in Waco which prevents law enforcement and state authorities — much less anyone else — from revealing information about the May 17, 2015 shootout involving lots of bikers and motorcycle club members at the Twin Peaks restaurant in…
District Attorneys Keep Doing Bad Things: More Texas Prosecutorial Misconduct Stories
The problem of prosecutors doing bad things like hiding evidence and introducing unreliable (or false) testimony isn’t getting better. Recently, the Daily Beast published an expose on prosecutorial misconduct in the United States, labeling the problem a national epidemic. You can read their take on things in the article written by Jay Michaelson and published…
Police That Lie: More on the Secret Texas District Attorney Lists of Police Officers Not Trustworthy to Take the Witness Stand
Prosecutors have lists of the names of police officers and deputy sheriffs that they don’t trust to take the witness stand — did you know these lists existed? Do you think that every police officer is honest and trustworthy to tell the truth, the whole truth, and nothing but the truth on the stand? Brady…
Fighting the Prosecutor on Just Punishment: Evidence on Sentencing and Probation After a Conviction in Texas
For many people, maybe because it seems like it in so many TV shows, criminal trials are one big event. It’s exciting and fast-paced, where the attorneys roam the courtrooms, there’s very little paperwork, and there are lots of people going up to the witness stand for short stints. In reality, things are different. Two…
Update on Law of Asset Forfeitures: Federal and Texas – Are You Any Safer?
As the general public becomes more and more aware, and more and more shocked, over police forfeiture actions – where private property is taken by law enforcement regardless of whether or not the owner has been involved in a crime, much less convicted, there’s been talk about changing forfeiture laws at both the federal and…
