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...
Texas Criminal Law Blog
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...
Psychotic disorders can impact criminal proceedings
The interplay of criminal law and psychiatry is complex. A psychiatric diagnosis can play a significant role in criminal defense, potentially influencing a defendant's competency to stand trial to whether they are held legally responsible for their actions....
Can intoxication reduce someone’s culpability during a trial?
Those accused of criminal acts in Texas have the right to present a defense during trial. Some defendants choose to challenge or reinterpret evidence, possibly by showing the police violated their rights during an investigation. Others recognize that the state has a...
Should you testify in your own defense?
When facing a criminal trial, one critical decision defendants must make is whether to testify on their own behalf. This decision carries significant implications as it can directly impact the outcome of their case, so it is absolutely worthwhile to spend some time...
Trace DNA: Dangerous evidence can lead to wrongful convictions
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...
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...