Category Archives: Evidence

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…


Trusting Prosecutors With Forensic Lab Evidence? Consider Harris County District Attorney: Notices Sent of 100s of Wrongful Convictions

Here in Dallas County, the District Attorney’s Office is getting its very own forensics evidence lab set up smack dab in the courthouse. So convenient, right? We’ve posted on this development here (read the post) and others have voiced their concern over having the prosecutor so very-very-close to the evidence lab. Well, here’s more to ponder…


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…


More Texas DWI Convictions Will Be Overturned Because of Warrantless Blood Draws

Over in Tyler, somebody had a very good day recently – specifically, Samuel Gentry who saw his lawyer win a DWI appeal before the Tyler Court of Appeals and get his 3d DWI conviction overturned along with the Life Sentence he was serving.     Warrantless Blood Draw in DWI Case What happened? The police…


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…


The Mike Brown Law: Will Police Be Required to Wear Body Cameras?

As the events in Ferguson, Missouri, continue to unfold, a proposed new law is being advanced for all law enforcement in this country, the “Mike Brown Law.” It would require all police officers to wear a camera as part of their uniform, so all their actions on the job would be recorded. The campaign for…


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…