Advances in forensic DNA analysis have made it much easier to definitively tie defendants to a crime through biological evidence, and that can make juries more confident about their verdicts when they vote for a conviction. But, should juries really be that...
Texas Criminal Law Blog
Will a guilty plea reduce the penalties someone faces?
An arrest doesn't always lead to charges, but when it does, people often plead guilty. People who are facing criminal allegations often assume that if there are grounds upon which to build a case against them, they have no hope of avoiding a conviction. They may also...
2 ways a judge’s actions may pave the way to an appeal
A criminal judge should be an impartial arbitrator of the law. Their job is to review a situation and apply existing law and legal precedent to the case in a manner that upholds justice. They, therefore, need to remain up-to-date on any crucial rulings from other...
How mental health can potentially lead to criminal behavior
It is important to consider the complexity of the relationship between mental health and criminal behavior and recognize that numerous factors can contribute to criminal actions. Mental health can sometimes be a contributing factor in criminal behavior, but it is...
What is the fruit of the poisonous tree?
One legal doctrine that you may want to understand if you are facing criminal allegations is the fruit of the poisonous tree. This doctrine can impact how evidence is used in your case. In some cases, it can mean that evidence that otherwise would’ve been included in...
3 times police officers can conduct searches for evidence
If there were no restrictions on what the police could do, they might target entire neighborhoods of people using stop-and-frisk policies or questionable traffic stops. The Fourth Amendment protects people against unreasonable searches and seizures. It therefore helps...
An affirmative defense helps when the state has strong evidence
Most people think of criminal defense strategies as an effort to prove their innocence. People bring in witnesses or scientific experts to prove they couldn't have committed the crime or to show that someone else clearly did. Layers can also challenge the inclusion of...
What does it mean to be incompetent to stand trial?
Mental illness can take a huge toll on someone’s life, and an arrest for a serious offense can sometimes set off a psychological storm that leaves that person unequipped to participate fully in their own defense. That’s when competency comes into question. In Texas,...
When can you argue “entrapment” if you’re charged with a crime?
Law enforcement agencies at all levels sometimes use undercover officers to find evidence of criminal activity. They also may use civilians for this purpose. An undercover officer typically gains the trust of those they’re trying to catch – or at least convince them...
Can self-defense claims help you avoid an assault conviction?
Texas has a surprisingly thorough statute when it comes to claims of assault. Causing physical harm to another person can lead to assault charges, as can offensive physical contact that causes no injury. Actions and words that put someone in fear for their immediate...