Category Archives: Evidence
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…
Stingray Use by Feds and Local Police is Growing: Are You Being Monitored?
Police officers and law enforcement agencies are limited by the federal constitution as well as federal and state laws in what they can do. They are not supposed to snoop on citizens or eavesdrop on people unless they’ve got specific legal authorization to do so. . . The problem is — as any experienced criminal…
Creepshot Law Held Unconstitutional: New Cases in Texas Child Pornography Defense
The prosecution of child pornography cases just got a bit harder here in Texas after the highest criminal court in the state, the Texas Court of Criminal Appeals, issued its opinion last week regarding photographs taken of children in public places here. The court ruled that “upskirt” photographs are not illegal, no matter how disturbing…
Texas Police Can Get Your Phone Records From Phone Company Without a Warrant: Ford v. State
This week, there’s lots of concern about cell phone security and phone privacy rights. Why? Thousands of celebrity nude photos have been posted online by a hacker for all to see (with the promise of more to come). Now the FBI has begun investigating how the cell phone pix were stolen (hacked) from private accounts…
Defense Lessons of the Dallas Crime Lab and the Michael Phillips Exoneration
The Dallas Crime Lab has made the national news (along with the history books) by being the first crime lab to have its DNA evidence form the basis of a wrongful conviction exoneration where the defendant didn’t move for the re-testing of the crime lab results. This is a big national news story. You can…
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…
TEXAS DWI DEFENSES TO B.A.C. BLOOD TEST RESULTS (MAY WORK FOR OTHER STATE DRUNK DRIVING DEFENSES, TOO)
Criminal defense challenges to BAC blood test results in Drunk Driving prosecutions If you have been arrested or charged with driving while intoxicated (DWI) in the State of Texas, and your blood test result comes back at 0.08 g/dL or higher blood alcohol content (”BAC”) , then what’s left for your defense? Once you’ve had…
TOP 10 DEFENSE MISTAKES IN FEDERAL CONSPIRACY CASES AND HOW TO AVOID THEM
Tips on Defending Against Federal Conspiracy Charges by an Experienced Criminal Defense Lawyer As a Texas Board Certified Criminal Lawyer, I have practiced criminal law exclusively for over twenty years in the State of Texas, where federal prosecutions are almost as commonplace as state and local charges. For example, 2 of the top 5 federal…
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…
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…
