When individuals in Texas who are charged with a crime mount a defense based on mental illness or incapacity, they admit to the underlying act but claim that they did not know their conduct was wrong. This defense is used very rarely as it shifts the burden of proof...
What is ineffective assistance of counsel?
This post is written in a time of turmoil and uprising. In this year alone, 661 people have been shot and killed by the police. Even though George Floyd gained the most media exposure, it is important to note that several innocent individuals were shot subsequent to...
What to expect if ordered supervised probation in Texas
When you are released for probation, you are expected to follow certain basic behaviors and conditions. Part of these expectations include keeping the probation officers informed of any improvements that you make. Read below to learn more about what you can expect...
What are examples of prosecutorial misconduct?
It is important that those accused of committing a crime are protected and that their full criminal defense rights are protected. Accused individuals should be familiar with their criminal defense rights and ways they may be violated including through prosecutorial...
Eyewitness testimony is often unreliable
When police officers in Texas and around the country arrive at a crime scene, they usually begin their inquiries by taking statements from any individuals who saw the events take place. As the investigation unfolds, eyewitnesses may be asked to help police identify a...
When are hate crime charges possible in Texas?
Arrests for assaults that authorities say were racially motivated have been in the news a lot lately. These incidents have happened across the country, include here in Houston. Among other things, these stories may make you wonder about Texas' hate crime law and when...
What is the insanity plea?
Contrary to popular belief, an insanity plea in Texas isn't a "get out of jail free" card. Instead, it can provide some context to the crimes that the defendant committed. An insanity plea doesn't mean that the defendant didn't commit the crime. Instead, it points out...
How is bite-mark evidence treated in the state of Texas?
Texas can be one of the most challenging states in the nation for bite-mark evidence cases. For this reason, it is advised that you have a strong, smart and skilled litigator in criminal law representing you. Many judges rely on the testimony of professional...
Everyone deserves a strong legal defense
There have been a number of high-profile criminal cases in recent years. None were likely more closely followed than the trials surrounding Hollywood movie mogul Harvey Weinstein, who was charged after several women came forward claiming he had sexually assaulted...
Houston sees spike in gun violence among teens
Like many other cities across the United States, Houston saw an uptick in crime in 2020. It's in response to the challenges we all faced. Unfortunately, 2021 picks up where last year left off with a disturbing new wrinkle where at least ten Houston-area teenagers were...
Tips on choosing a defense attorney
Hiring a good defense attorney in Texas could mean the difference between having your charges dismissed or spending time in jail or in prison. Many people have misconceptions about attorneys that could lead them to choose the wrong person for their trial. Here's some...
Bite marks: How concrete is this evidence in court?
Throughout Texas and across the United States, bite mark photos and videos have been entered into countless trials as clear evidence of wrongdoing by the defendant. In many cases, this prosecution presents this evidence as the smoking gun of the trial, and it would be...
What defines true seizure of a person
During one recent case, the Fourth Amendment's definition was taken into serious consideration by the courts. The Fourth Amendment prohibits unreasonable searches and seizures from occurring in Texas and around the country. The case brought to light an issue that many...
Do You Need a Criminal Defense Lawyer?
Many people facing criminal charges for the first time entertain the idea of defending themselves in court. Though every American has a right to defend themselves, few succeed. America’s legal system was just not designed to support self-representation. Over two...
Houston PD unveils revised use-of-force policy
The Houston Police Department recently issued a revised use-of-force policy and unredacted portions of the policy that described how and when officers can use batons and if/when they can shoot at moving vehicles. Chief Art Acevedo made multiple changes to the...
A great deal of scientific evidence isn’t all that scientific
“With the exception of nuclear DNA analysis … no forensic method has been rigorously shown to have the capacity to consistently, and with a high degree of certainty, demonstrate a connection between evidence and a specific individual or source.” That was the...
Woman wrongly convicted 15 years ago still awaits retrial
In general, most people want to trust the legal system in Texas and in the United States, but the system unfortunately isn’t flawless. Innocent people can and do face wrongful convictions. A recent news article tells the story of Rosa Jimenez. In 2005, Rosa was...
What does it mean to use insanity as a defense?
The insanity defense is an idea many Americans love to hate. Television shows and talk radio often bring us vague but angry stories about hardened criminals who “plead insanity” and then “walk.” As a result, many Americans, including some jurors and some people...
Study refutes mental health links to violent crime
The relationship between mental illness and criminal behavior has been a hotly debated topic in recent years, particularly after several mass shootings in the United States. However, researchers say people with a mental illness are more likely to be victims of a...
Selective Prosecution
Selective prosecution is prohibited in Texas. The most well known form of selective prosecution is “racial profiling”. Typically a defendant must show that he or she was singled out for prosecution and that the government’s discriminatory selection of him or her for...
Bail Bonds An Overview
The Basics of the Bail Bonds System What is a bond? If you get arrested and want to get out of jail before your trial date, then you’ll need to make bail (which means to be released from jail). To make bail, you will have to make a bond with the Court. There are three...
DNA In Criminal Justice
The Basics of Crime Labs in Houston DNA is commonly used in criminal investigations and trials. DNA, or deoxyribonucleic acid, is the carrier of genetic information present in nearly every living organism. Police frequently collect DNA at crime scenes in order to...
Houston’s Forensic Evidence Problems
The unfortunate history of mishaps at Houston crime labs is well documented. The local Houston Police Department Crime Lab was shut down after botched lab tests[1] and testing backlogs[2] rendered the lab unreliable. In 2014, the City of Houston created the Houston...
Entrapment & Texas Law
In Texas, entrapment is defined as when a defendant is induced to commit a crime by law enforcement using persuasion or other means likely to cause persons to commit the offense.[1] Entrapment is more than “being set up” by the cops; merely having the opportunity to...