Category Archives: Orwellian Threats to Rights
Forfeiture Victory for Police: They Can Seize and Keep Assets Even In an Illegal Search Says Texas Supreme Court
Texas law allows the police to take property from someone even if the property owner is never charged, much less convicted of a crime. This is called “civil forfeiture,” it’s allowed under Tex. Code Crim. Proc. Ann. arts. 59.01-.14 et seq., and we’ve discussed this several times before. Lots of people are against civil forfeiture…
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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,…
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Do You Have Any Privacy From the Police in Texas? Laredo vs. Dallas
If you watched the CBS crime show “Hawaii Five-O” last week, you saw the elite police squad use a device that allowed them to see through the walls of a building and view not only the location of the kidnapping victim but also the location and movements of her captors. The gizmo read the heat…
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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…
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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…
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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…
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Lesson For Texans From Netflix’s “Making of a Murderer”: Public Defenders vs. Hired Defense Lawyers
If you haven’t watched the documentary “Making of a Murderer” yet, odds are high that you’ve heard about it. A Netflix Original, the 10-episode documentary took 10 years to make and debuted on Netflix back in December 2015. It follows the story of Manitowoc County, Wisconsin local boy Steven Avery, known to most in his…
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Prosecutor Deals, the Bill Cosby Criminal Case, and Probable Cause Examining Trials in Texas
The Bill Cosby scandal continues to grab headlines almost daily: we all know about how the famous comedian was arrested in December 2015 on felony sexual assault charges up in Pennsylvania. This, on top of all the civil defamation lawsuits that have been filed against Cosby, and the countering claims he’s filed as well. Read…
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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…
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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…
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10 Questions to Ask Before you Hire a Dallas Criminal Defense Lawyer
Top 5 Mistakes in Defending a Texas Criminal Case
