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Criminal Law Blog

What is a Motion to Suppress?

In Texas, one of the main weapons that a criminal defense lawyer can use to help his client is a “motion to suppress” that requests the judge order certain evidence be excluded from the case.  It can be filed in both state and federal court. It’s a very powerful tool for the defense. Why? Because…


Prosecutors and Police in Dallas: How Bad is It?

So, what’s going on here in Dallas County with our prosecutors and our police department?  Well, there are lots of things going on right now that impact criminal justice – and criminal defense – here in North Texas.     Because excessive force by the police and prosecutorial misconduct isn’t just stuff that happens in…


Arrested After Police Field Drug Test?  Fight Back: These Things Are Notoriously Wrong

Here’s what happens.   You’re driving along, minding your own business, when you see those flashing lights in your rearview mirror and pull over.  The police officer saunters up to your window.  You ask what’s going on: why did he stop you? Next thing you know, he’s checking out stuff in your car and he’s using…


Arrested for Bank Fraud in Texas

When you are arrested for bank fraud in Texas, the charges usually come along with other serious felony charges like money laundering and mail fraud.   Identity theft and RICO charges may accompany a bank fraud charge, too. Over the past few years, more and more prosecutions in both state and federal court involve some kind…


New Texas Criminal Laws 2017

The regular session of the 85th Texas Legislature ended on Memorial Day.  Bills not passed by the lawmakers and signed into law by the governor are dead in the water.  (Abbott vetoed 50 of them.) For the bills that did not become law: well, maybe next year. Governor Abbott has called for a special session…


Attacks on Police in Texas are Hate Crimes under 2017 Police Protection Act

Look in the dictionary and “hate crime” is defined as any crime that is motivated by hostility towards the victim because he or she is a member of a specific group (like gender, race, religion, sex, or sexual orientation). The FBI has its own definition:  a “criminal offense against a person or property motivated in…


Defending Sexual Assault Charges and the Bill Cosby Trial

The Bill Cosby trial enters its third day today as the comedian faces three counts of aggravated indecent assault, which are felonies under Pennsylvania law.  Things are moving along.  The jury is in the box, and witnesses are taking the stand in the Montgomery County courtroom. Accuser on the Stand This morning, the testimony of…


Speedy Trials in Texas: Prosecuting “Killer Nurse” Genene Jones for 1981 Crime

Do you remember where you were in 1981?  Were you even alive in 1981? Let’s think back … 1981 was the year: President Ronald Reagan was shot by John Hinckley; the CDC recognized the first five cases of AIDS in five homosexual men diagnosed with a “rare form of pneumonia” in Los Angeles; Donkey Kong…


When Sexting is a Crime in Texas

Last Friday, former New York Congressman Anthony Weiner pled guilty in a federal court to the felony charge of transferring obscene material to a minor as part of a plea deal. His sentencing hearing is scheduled for September 8, 2017.  It’s understood that as part of the plea agreement with the U.S. Attorney General’s Office,…


New 2017 Federal Drug Policy from Attorney General Jeff Sessions

Last week, the Attorney General of the United States sent a memo to all the Offices of the U.S. Attorney General around the country, including the one overseeing the Northern District of Texas that prosecutes federal crimes here in the Dallas-Fort Worth area. It’s a big deal for anyone facing criminal charges here in Texas,…