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...
Texas Criminal Law Blog
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...
Did an overworked defense attorney fail to advocate for you?
Anyone accused of a criminal offense in theory has the right to legal representation. However, not every lawyer will provide the same caliber of legal support. Often, criminal defendants have an uphill battle in the court system, especially if their attorney juggles...
How people confess to crimes they didn’t do
A lot of convictions are made because there is an overwhelming amount of evidence against a defendant. However, many trials only have the word of witness testimonies and the defendant. It can often take many eyewitness stories to align or the defendant confesses to...
Do you qualify to have your case heard in the Texas drug courts?
Maybe you got arrested for drug possession, or perhaps you face a nonviolent offense that directly relates to your substance abuse issues. The criminal consequences of such offenses include prison sentences and large fines, as well as probation or community service....
Pop culture has skewed the perception of forensic science
When the general public thinks about forensic science, they usually imagine television shows. They have this idea of the investigative team walking into the crime scene, quickly gathering very important evidence, putting all the pieces together and figuring out...
Can an intoxication claim play a role in your defense strategy?
Alcohol is a known disinhibitor. It doesn't necessarily change your personality entirely, but it will free you to do things that you might otherwise recognize as inappropriate. When you have had too much to drink, you might lose control of your temper and get into a...