Category Archives: Orwellian Threats to Rights
FBI’s New Global Hacking Rule: Amended Federal Rule 41 Danger to Your Privacy
Last week, a letter was sent to the U.S. Attorney General signed by 23 Senators and Congressmen, both Republican and Democrat, asking for Loretta Lynch to explain how the new Federal Rule on federal search warrants for computers is going to work. Criminal defense lawyers have been worried about this new expansion of federal power…
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. …
Loss of Privacy And Arrest in Texas: Hurting Your Job, Your Relationships, Your Life
You can be arrested under either federal or state law here in Texas. We’ve discussed how those two systems work side by side here in Dallas, Fort Worth, and North Texas. For more on the process of being detained, arrested, and released on bail, read: Out on Bail: Pre-Trial Conditions in Dallas, Fort Worth, and…
Out on Bail: Pre-Trial Conditions in Dallas, Fort Worth, and North Texas
We’ve discussed being detained versus being arrested, and the process of getting out of jail on bail if you are arrested here in Texas. Far too many people sit in jail here in Dallas, Fort Worth, and the rest of North Texas because they cannot make bail. That’s why there’s a big movement today for…
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?…
Arrested in Texas: Resisting Arrest, Evading Arrest, Detained Without Arrest
Once again, let’s all remind ourselves that the real world and what we watch on television are two very different things. Prosecutors don’t work crime scenes alongside the police officers, for instance. The attorneys are in court or in their offices, preparing for court. Maybe arrests would be different if they did. Lots of wacky…
Bail in Texas: What’s All This About Bail Reform? Can You Get Out of Jail?
Bail is not guaranteed to you in the constitution. It’s a process that has been created by legislatures and courts to help people get out of jail after they’ve been arrested. Defendants in Texas do not have a legal right to being released after arrest. Innocence doesn’t matter. Federal vs. Texas Bail Process Bail is…
How To Get Out of Jail on a Federal Charge: Federal Arrest, Bail, and PreTrial Detention
Let’s focus on the feds today. Arrests here in Dallas (or anywhere in Texas) can be based upon violations of either state law or federal law. (Sure, there are municipal ordinances and county regulations, too, but we’re going to include them under the general heading of state law, from which their power is derived.) So,…
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…
Private Prison Company CCA Detention Facility Secretly Recording Lawyer – Client Meetings
How Safe are Criminal Lawyer Conversations with Clients? The Rising Danger to Attorney-Client Privileged Communications There is no justice to be had if there isn’t confidence in our ability to have safe and secure conversations with our lawyers, is there? This is particularly true when it’s a criminal defense attorney communicating with their client, who is…
