Criminal defense

From books to movies, criminal offenders are often portrayed as individuals with mental health conditions. In reality, those who live with these diseases face multiple challenges in the criminal system. If you have a mental illness and a crime charge, defense...

There are three general approaches to criminal defense regularly utilized by defense lawyers in Texas. The first involves securing the dismissal of charges based on technical issues. Illegal searches might lead to a lawyer using technical rules to keep their client...

Police officers have to conduct searches to gather evidence of illegal activity. Although sometimes victims come to the state with evidence already on hand, such scenarios are rather rare. Police officers often need to collect enough evidence for prosecutors to bring...

When a defendant suffers from a mental illness, this reality can significantly influence their defense strategy. Mental illness can affect a defendant's ability to stand trial, contribute to their actions at the time of the alleged offense and potentially impact...

Some people convicted of a crime don’t agree with the sentence they’ve been served. In some instances, an individual who has been convicted of wrongdoing can appeal their sentence. Appealing a sentence is a major undertaking for anyone. There are also very specific...

People get arrested in Texas every day for a variety of criminal actions. Some people get arrested for intimidating or threatening others, while others face accusations of drug or property crimes. Many arrests leave people frightened about the future. A surprising...

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...

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...

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...

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...

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...

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....

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...

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...

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...

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...

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...

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...

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...

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,...

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...

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...

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...

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....

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...

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...

The Supreme Court helps evaluate legal matters and clarify the federal stance on crucial issues. It was a Supreme Court ruling decades ago that gave rise to the Miranda warning. Named for the defendant in a case that made it all the way to the Supreme court, the...

If you or someone you know has a mental illness, you know the fine line that you’re walking when you excuse behaviors that took place when someone was mentally ill. Many people can and do make good decisions in their lives despite mental illnesses, so is it really...

People often trust eyewitnesses in criminal trials. Say you've been accused of assault and you claim that you weren't even there. The prosecution produces a witness who claims that they saw you at the scene and that you were the one who committed the assault. In a...

If you were to take your information from movies and prime time television, you would probably assume that cutting-edge forensic science solves every major criminal case. In reality, forensic science is not nearly as dramatic or reliable as the media would make it...

When you’re facing charges, it’s extremely important that the prosecution and defense teams are both working within the confines of the law. The last thing that you should have to worry about is the prosecutor taking steps to charge you or make claims against you in a...

Most of the time, when people try to defend themselves against a criminal charge, they want to prove that they did not do something. Providing an alibi or challenging state evidence gives defendants a way to show that they did not break the law. However, sometimes,...

Getting arrested or learning that you are under investigation may shock and scare you. Although not all arrests or investigations lead to criminal charges, an arraignment and trial could possibly be in your future. Once you know that you face accusations of criminal...

Interestingly, while those who do bite-mark analysis may have training in forensics or other fields, they don’t necessarily have any proficiency training or testing in bite-mark analysis itself. While it may be simple to see that someone’s body has bite marks present,...

TV and movies suggest that entering an insanity defense is a simple task. If these stories were reliable, you could get rid of criminal charges simply by claiming you did not know what you were doing and getting a psychiatrist to agree. As criminal law has developed...

When a person is arrested on criminal charges in Texas, there will be inevitable fear and concern as to what the future holds. Most people will equate their case with what they might have seen on television and in the movies. Even the news has become overdramatized...

Many people accused of a criminal offense plead guilty. Even those who know they are innocent may fear the expense and public scrutiny that comes with a trial. However, those who want to protect their reputations or careers may choose to fight their criminal charges....

Texas residents who watched the Netflix series “The Innocence Files” will likely be familiar with the case of a Mississippi man who was convicted of murder and sentenced to death for killing a 3-year-old girl in May 1992. Prosecutors in the case had no motive,...

Being charged with a crime in Texas can be daunting. While you might feel a sense of disorientation, it's important to take immediate steps to find a criminal defense attorney. Having a lawyer on your side might make all the difference in your case. Tips on choosing a...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...