Category Archives: Wrongfully Accused

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. …


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…


Brendan Dassey Motion for Release from Jail During Appeal of Wrongful Conviction Ruling

The Motion to Release Brendan Dassey on his own recognizance (no bail bond) has been filed with the federal court that ruled he was the victim of a wrongful conviction.  Both the motion and its memorandum in support (which has all the legal arguments) have been placed in the Michael Lowe Digital Library. This supplements…


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…


Prosecutorial Misconduct: How Bad Is It? Dallas Chief Investigator Pleads Guilty to Taking Bribe

Prosecutors are the attorneys who earn their salary by working for the government in enforcing criminal laws in the criminal justice system. They are supposed to be interested in justice, not personal career wins or financial gain. That’s not the reality today — prosecutorial misconduct is a catch phrase that is trending. We’ve written about…


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…