Criminal Law Blog
In Texas, We Need Laws That Force Police and Prosecutors to Do the Right Thing: the Criminal Defense Reality
BuzzFeed, working with Injustice Watch, recently published an article entitled “Good Day for a Choke Hold.” Written by Emily Hoerner and Rick Tulsky, the piece invites readers with the caption, “[a] review of the Facebook accounts of thousands of officers around the US — the largest database of its kind — found officers endorsing violence…
Human Trafficking in Texas: Criminal Defense Perspective Part 2 of 2
In Texas, arrests are made by both state and federal law enforcement asserting violation of various crimes involving the human trafficking of individuals, with many of these cases alleging the sex trafficking of minors (those under the age of 18 years). For more on the various crimes involved in the trafficking of humans in Texas,…
Ring Camera Proves Alibi Defense in Tarrant County Aggravated Assault/Deadly Weapon
Michael Lowe’s client was accused with Aggravated Assault with a Deadly Weapon in Tarrant County. The father of her child was the complaining witness. Late last year, Mr. Lowe’s client was assaulted by the complaining witness. He was arrested and charged with Assault/Family Violence in Tarrant County. The child’s father continued to have contact with…
Criminal Defense Take on 2019 Expunction Policy Reforms by Dallas County District Attorney John Creuzot
Across the country, district attorneys are building what is becoming known as their own criminal justice reform movement. Given that the top prosecutor in his or her respective jurisdiction gets to make the call in what cases get prosecuted – and what sentences are sought in those cases – there’s a tremendous amount of power…
Human Trafficking in Texas: Criminal Defense Perspective Part 1 of 2
Trafficking Crimes in Texas Trafficking is a criminal law term used for both drug crimes and sex crimes. Here, we will be excluding drug trafficking and the defense of those charged with trafficking drugs in Texas. Our focus is on the crimes involved in human trafficking laws: what they provide, and related crimes that are…
Texas Bait Car Arrests: Criminal Defenses in Police Bait Car Sting
Defendants charged with theft after a bait car arrest may not win an entrapment argument but this does not mean there may not be a viable defense. Stealing cars (along with pickup trucks, SUVs, and minivans) is big business here in Texas. According to the FBI’s Uniform Crime Reports, Texas has more auto thefts each…
Challenging the Search Warrant in Texas: Illegal Search and Seizure
Different Defenses to Search Warrants and Illegal Searches by the Police Evidence is everything for the prosecution’s case in any criminal proceeding, federal or state. Without evidence, the case has no legal foundation and cannot be filed. Once filed, insufficient evidence means the state’s case must be dismissed. Therefore, from a criminal defense perspective, one…
Search of a Residence in Texas: When Police Search Your Home
When the police search your dwelling, they have specific limitations on where they can search and what they can take. Police officers (or federal law enforcement agents) show up at your front door, demanding to be allowed inside your home because they have a search warrant allowing them to do so, whether you like it…
Exigent Circumstances: What They Are and How They Allow Police to Search and Seize Without a Warrant
There are times when police officers in Texas can search without a search warrant; sometimes they don’t even have to knock on the door before entering your home. Sitting in the comfort of your living room, you may assume you’re safe from intrusion by the police. Surely they can’t barge into your private home, uninvited…
Latest Forfeiture Ruling by SCOTUS: What Does It Mean for Texas Criminal Defense?
Timbs v. Indiana is the first step in ending state-wide forfeiture abuse In an opinion written by Justice Ginsburg with two concurrences filed by Justice Gorsuch and Justice Thomas, the Supreme Court of the United States (SCOTUS) vacated and remanded the judgment of the Indiana Supreme Court in Timbs v. Indiana on February 20, 2019….
