Criminal Law Blog
FBI’s New Global Hacking Rule: Amended Federal Rule 41 Danger to Your Privacy
Last week, a letter was sent to the U.S. Attorney General signed by 23 Senators and Congressmen, both Republican and Democrat, asking for Loretta Lynch to explain how the new Federal Rule on federal search warrants for computers is going to work. Criminal defense lawyers have been worried about this new expansion of federal power…
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. …
Out on Bail: Pre-Trial Conditions in Dallas, Fort Worth, and North Texas
We’ve discussed being detained versus being arrested, and the process of getting out of jail on bail if you are arrested here in Texas. Far too many people sit in jail here in Dallas, Fort Worth, and the rest of North Texas because they cannot make bail. That’s why there’s a big movement today for…
Arrested in Texas: Resisting Arrest, Evading Arrest, Detained Without Arrest
Once again, let’s all remind ourselves that the real world and what we watch on television are two very different things. Prosecutors don’t work crime scenes alongside the police officers, for instance. The attorneys are in court or in their offices, preparing for court. Maybe arrests would be different if they did. Lots of wacky…
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…
Social Media Arrests: Criminal Charges Based On Content Itself – No Warrant Necessary
Law Enforcement Monitors Facebook, Twitter, YouTube, and Other Social Media for Investigation – and Now as Basis for Arrest Twitter, Facebook, YouTube, Snapchat, Google+, Pinterest, LinkedIn, Periscope, Instagram: what’s your social media preference? Odds are very high that you use some form of social media, no matter what your age, what kind of work you…
Texas Sex Offender Registry List Is Huge But Not Every Listed Sex Offender Is an Adult Who Committed a Sex Crime
Last week, the Austin American Statesman published some pretty important facts about the State of Texas’ Sex Offender Registry. The Austin newspaper’s investigation needs to have lots of state-wide scrutiny because what is being revealed by the Statesman is critical information for every Texan. The Statesman’s full investigative piece was published online on July 14,…
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…
