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Criminal Law Blog

What is Probable Cause for Police to Arrest in Texas?

Constitutional protections demand that probable cause exist before there can be a valid arrest. Probable cause is a term originating in our federal constitution which has been adopted in the Texas constitution.  It is a tough, longstanding constitutional safeguard guaranteed by both our state and federal Bill of Rights. Specifically, both constitutions decree no member…


Don’t Ever Talk to the Police! Never Give a Statement to Law Enforcement in Texas Criminal Investigation

Additional Information Provided in Addition to my YouTube video On television and in the movies, people are always giving statements to the police.  In all the versions of Law & Order, for instance, the police are taking statements from people with or without their lawyer being present.  In fact, it’s hard to remember an episode…


Can Texas Criminal Defense Lawyers Rely Upon Jury Questionnaires in 2020?

The Aftermath of Fort Worth Court of Appeals Decision in Badger   Here in Texas, jury selection begins down in Austin.  The Secretary of State’s Office combines (1) each county’s list of registered voters with (2) those whose residence address on their Texas Driver’s License or Texas Identification Car is within the county’s jurisdiction, according…


The Crime of Continuous Sexual Abuse of a Child, Texas Penal Code 21.02(c) Part Two of Two: Is Texas’ Version of Jessica’s Law Unconstitutional?

Criminal Defense Discussion of Constitutional Challenges to Texas’ Version of Jessica’s Law Recently a petitioner took his case to the highest court in the land, the Supreme Court of the United States (SCOTUS), asking the High Court to consider whether or not the Texas statute enacting the Lone Star State’s version of Jessica’s Law violates…


The Crime of Continuous Sexual Abuse of a Child, Texas Penal Code 21.02(c): Part One of Two

Criminal Defense Overview of Texas’ Version of Jessica’s Law In February 2005, a nine-year-old girl named Jessica Lunsford was abducted from her bed in her family home’s in Homosassa, Florida.  Her body was discovered buried in a shallow grave, shrouded in a garbage bag, behind the mobile home where a neighbor named John Evander Couey…


Time Credits and Freedom from Federal Prison: Is the Justice Department Thwarting Early Release for Inmates Under the First Step Act?

A year has come and gone since the First Step Act (FSA) was passed to change the way that federal prisoners can achieve an early release from prison.  Officially, the First Step Act of 2018 became law on December 21, 2018. See generally, First Step Act of 2018, Pub. L. No. 115-391, 132 Stat. 5194,…


Cyber Crimes, Computer Crimes, Internet Arrests: Texas Criminal Defense Overview

Crimes involving computer use and accessing the internet can involve all sorts of criminal activity, but they come with their own separate criminal charges and punishments. The aspects of cybercrime defense are widespread because of the range of activity underlying the internet usage made the basis of the charges.  From money laundering or child pornography…


Weapons Charges in Texas: Gun Laws and Gun Crimes under Texas Law

Sometimes, just possessing a piece of property can get you arrested in Texas if it is an “illegal weapon” under the law.  Of course just because something can be used as a weapon, that’s not enough to put you at risk of being charged with a crime here in Texas.  There are many things that…


Fraud Charges: Texas Criminal Defense Overview

Fraud can mean many things, but for our purposes it involves an illegal act as defined by state or federal law.  Almost a century ago, the Supreme Court of the United States (SCOTUS) explained that to commit the crime of fraud is “to defraud” someone, by “… wronging one in his property rights by dishonest…


Texas Drug Crimes: Criminal Defense Overview

Drug arrests in the State of Texas can be based upon either federal or state drug laws.  These are crimes defined within two completely separate jurisdictions needing distinctly different defense strategies. From a criminal defense perspective, the outcome can be very different for someone arrested for state drug crimes compared to those who are charged…