Category Archives: Wrongfully Accused
Prosecutorial Misconduct in Texas: Right Now, it’s an Appellate Fight
Prosecutorial misconduct isn’t going away. It’s a very serious problem here in Texas. And it’s been a huge evil lurking in our criminal justice system for many years. Why is it so wicked? Because a prosecutor has so much control over what happens to an individual who has had their freedom taken from them by…
Getting Out of Jail in Texas on a Writ of Habeas Corpus
There’s more than one way to regain your freedom after an arrest here in Texas. Under either federal or state law, you can challenge the legality of your situation – being held behind bars – by filing an application with the court for a “writ of habeas corpus.” What is a Writ of Habeas Corpus?…
Defenses in Texas Criminal Cases
Criminal defense isn’t just trial work, even though it sure looks like it if you watch all the TV crime shows. A lot of defending clients charged with crimes here in Texas involves working with evidence and negotiating with the government. Defending happens a lot of the time at a desk with a keyboard, or…
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. …
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…
Why Brendan Dassey Can’t Get Out of Jail Even Though Federal Judge Overturned His Conviction
Federal Criminal Appeals: Lessons from Netflix’s “Making a Murderer” Brendan Dassey Case How can a judge overturn a conviction as being wrongful and unjust, and the defendant still remain behind bars? That’s what is happening in the Brendan Dassey case — and it’s a great lesson to all of us on how the criminal justice…
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…
Immigration Holds in North Texas: Indefinite Stays and Dallas County Sheriff
There’s a reason that you get nervous when you see that police car in your rearview mirror: police officers have tremendous power in this country, and we all depend upon them to exercise that power (in legalese, their “police powers”) responsibly. Not that this gives many of us much comfort. DWI Held on Immigration Bond…
Was Johnny Depp Falsely Accused of Domestic Violence? The Overlap Between Divorce Law and Criminal Defense
The crime of domestic violence is getting lots of media attention this week because — once again — Hollywood is providing a spotlight on criminal law and in doing so, educating the public about the reality of criminal acts and the harm that they cause to everyone involved. Which is a good thing. It’s only…
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…
