A number of state legislatures are considering increasing potential criminal consequences for those who drive while under the influence. One such shift became the law in Texas last year. Certainly, if the worst-case scenario occurred and someone was killed, the drunk...
Texas Criminal Law Blog
Why the right of discovery is so important for criminal cases
There are many legal rules that protect those accused of breaking the law in Texas. Certain state and federal rules restrict police activity and also establish certain requirements for the courts. One of the most important protections for individuals facing criminal...
How might schizophrenia affect someone’s criminal defense?
Schizophrenia is a complex mental health condition characterized by a range of symptoms like hallucinations, delusions and disorganized thinking. It can significantly impact various aspects of a person's life, including their interactions with the legal system. When...
Why is eyewitness testimony so unreliable?
Eyewitness testimony has long been a crucial part of criminal investigations and trials. However, its reliability is often overestimated, which can have significant implications for justice. Various factors influence eyewitness accounts' accuracy, making it a subject...
What can render a defendant incompetent to stand trial?
When it comes to criminal defense, the intersection of mental illness and legal proceedings introduces a critical concern—defendant competency. Competency to stand trial is a concept referring to a defendant’s mental state at the time of the trial. To be deemed...
When can the police look in the trash?
Police officers and investigators will often look anywhere they can to try to find evidence. For instance, they may be interested in finding discarded financial statements if someone has been accused of embezzlement. They may look for drug paraphernalia or even...
How can a substance use disorder impact one’s criminal defense?
Some people who are facing criminal charges struggle with a substance use disorder. This reality can potentially have a significant impact on their defense strategy, as it may allow a defendant to qualify for a deferred prosecution arrangement. Having a substance use...
3 ways people win at trial despite a prosecutor’s evidence
Those accused of a crime usually know that the state has evidence to support the charges brought against them. Prosecutors generally do not pursue charges unless they think they have a strong chance of winning their case. The case that a prosecutor builds usually...
3 common reasons that people qualify for post-conviction appeals
Only a small percentage of those facing criminal charges attempt to mount a defense via a criminal trial. Those who do are usually quite passionate about proving that they did not violate the law. Unfortunately, criminal trials don't always go the way that a defendant...
Why waiving the right to remain silent can hurt someone’s case
Individuals who are accused of criminal activity or facing criminal charges have certain rights. For example, anyone who is under arrest theoretically has the right to remain silent, which has its basis in court precedent. However, many people waive that right and...