Paul Morgan Law Office, PLLCPaul Morgan Law Office, PLLC2024-03-15T21:53:10Zhttps://www.themorganlawfirm.com/feed/atom/WordPress/wp-content/uploads/sites/1401753/2019/10/cropped-512-32x32.pngOn Behalf of Paul Morgan Law Office, PLLChttps://www.themorganlawfirm.com/?p=495992024-03-15T21:53:10Z2024-03-15T21:53:10ZHow is restitution determined?
Specifically, under the law, the convicted driver will be ordered to pay restitution to the child’s surviving parent (if there is one) or legal guardian until the child turns 18 or, in some circumstances, 19. Judges will consider factors like:
The financial resources of those caring for the child
The child’s physical, emotional, educational and other needs
The standard of living the child had prior to their parent’s death
The defendant’s financial resources
A child who has lost a parent in a car crash may need extensive treatment. If they were in the crash, they may have their own medical issues. They may also need mental health treatment to deal with the loss of a parent. These things can all be considered in determining the amount to be paid.
Going to prison doesn’t relieve someone of the restitution requirement
A person convicted of intoxication manslaughter can face up to two decades behind bars. If they’re serving time, they generally can’t begin making restitution payments immediately. However, that doesn’t let them off the hook. The law states that they must “pay all arrearages regardless of whether the restitution payments were scheduled to terminate while the defendant was confined or imprisoned in the correctional facility.”
The law allows up to a year to begin making payments after serving their incarceration-related sentence. That gives people time to get a job. However, this is still going to be a significant financial burden that could follow them for years.
If you or a loved one is facing an intoxication manslaughter charge, it’s critical to get experienced legal guidance as soon as possible. This can help defendants protect their rights and work toward the best possible resolution for their case.]]>On Behalf of Paul Morgan Law Office, PLLChttps://www.themorganlawfirm.com/?p=495972024-02-15T16:43:09Z2024-02-15T16:43:09Zmade available to a defendant. Prosecutors are even required to provide potentially exculpatory evidence that the defense team might otherwise be unable to access.
How discovery helps
People often fall victim to the misconception that the state only pursues charges when it has an airtight case. However, the evidence that the state has may not be as strong as a defendant assumes or as police officers claim after their arrest.
A lawyer familiar with the rules that apply to criminal trials can help a defendant evaluate the state's evidence. In some cases, police officers may have violated someone's civil rights or failed to follow best practices. Issues with chain of custody records or illegal searches could prevent Texas prosecutors from using certain evidence during a trial.
Other times, prosecutors might rely on junk science as a cornerstone of their court strategy. Defense lawyers may be able to bring in expert witnesses who can show that blood-spatter analysis or 911-call analysis isn't as authoritative as prosecutors might claim in court.
The best defense strategies focus specifically on key details of the state's case. A lawyer only needs to raise a reasonable doubt about someone's involvement in an incident or their criminal intent to potentially prevent a conviction. Therefore, the ability to review the state's evidence and plan strategies to counter that evidence may prove invaluable to those hoping to establish their innocence at a trial.]]>On Behalf of Paul Morgan Law Office, PLLChttps://www.themorganlawfirm.com/?p=495952024-02-04T15:05:36Z2024-02-04T15:05:36ZMental state at the time of the crime
In criminal defense, the defendant's mental state at the time of the alleged crime is often a pivotal concern. If a person with schizophrenia commits an offense, their condition could potentially affect their criminal responsibility. This is because schizophrenia can impair judgment, distort reality and lead to behavior that the individual wouldn't typically engage in if they weren’t experiencing symptoms.
Understanding legal competency
Legal competency refers to a defendant's ability to understand the charges against them and participate meaningfully in their defense. Schizophrenia can severely impair a person's cognitive functions and their grasp of reality. This impairment can lead to questions about their competency to stand trial.
For instance, a defendant might be unable to comprehend legal proceedings, communicate with their defense team or understand the consequences of their actions. The court may order a mental health evaluation to determine the defendant's competency in such cases. If found incompetent, they may receive treatment to restore competency before the case proceeds.
Exploring the insanity defense
The insanity defense is another aspect where schizophrenia can be a significant factor. This defense acknowledges that a person, due to a severe mental disorder like schizophrenia, was unable to understand the nature of their actions or distinguish right from wrong at the time of the offense.
Implementing this defense is complex and requires substantial evidence, including psychiatric evaluations and expert testimony. If successful, the insanity defense might lead to a verdict of not guilty because of insanity. However, this outcome doesn't mean the individual is free from legal consequences. It often leads to mandatory psychiatric treatment.
Seeking legal guidance from someone who understands how this mental health condition may impact their criminal case is critical. Affected defendants are often unable to make their own decisions, but still deserve a chance to fight criminal charges levied against them.]]>On Behalf of Paul Morgan Law Office, PLLChttps://www.themorganlawfirm.com/?p=495932024-01-18T18:13:21Z2024-01-18T18:13:21Zunreliability of eyewitness testimony stems from the nature of human memory and perception. Understanding these limitations is essential, particularly in criminal justice, where the stakes are high.
How memory works
Human memory isn’t a flawless record of events. It's reconstructive rather than reproductive, meaning recalling a memory is more like putting together a puzzle than playing a video. This reconstruction process allows for the introduction of inaccuracies. Memories can be influenced by subsequent events or information, altering how an event is remembered.
Misinformation effect
The misinformation effect is a phenomenon where a person's recall of an event becomes less accurate due to post-event information. For instance, if witnesses are exposed to misleading information after an event, this can become integrated into their memory of the event. Studies have demonstrated that people can be led to remember things that didn’t happen, such as misidentifying signs in a traffic scenario.
Suggestibility and influence
Eyewitness memories are susceptible to suggestibility. How questions are phrased, lineups are conducted, and even casual comments can influence a witness's recollection. For example, a detective giving nonverbal cues during a lineup may sway the witness’s identification, even subconsciously.
Inaccuracies and confidence
A notable issue with eyewitness testimony is the disconnect between confidence and accuracy. Witnesses who are very confident in their recollection aren’t necessarily more accurate. This confidence can be highly persuasive in a courtroom setting, influencing juries and judges.
Long-term implications
The impact of unreliable eyewitness testimony can be profound. Wrongful convictions based on mistaken identifications contribute to a significant number of injustices. It can lead to individuals being sentenced to incarceration when they are innocent. Working with someone who fully understands how eyewitness testimony can impact a case is critical for any defendant whose case involves this kind of evidence.]]>On Behalf of Paul Morgan Law Office, PLLChttps://www.themorganlawfirm.com/?p=495772023-12-12T20:48:31Z2023-12-12T20:48:31ZCompetency to stand trial is a concept referring to a defendant’s mental state at the time of the trial.
To be deemed competent, an individual must understand the charges against them and be capable of assisting in their defense. When mental illness becomes a factor, it can significantly impact an individual’s ability to meet these criteria.
Evaluating competency
To assess a defendant’s competency, courts often rely on psychiatric evaluations conducted by qualified mental health professionals. These assessments delve into the defendant’s mental state, cognitive abilities and understanding of the legal process. In some cases, mental illness may lead to temporary incompetency. This raises questions about whether the trial should proceed or if the defendant requires treatment to restore competence.
Establishing incompetency
The defense may strategically argue incompetency based on their client’s mental health status. This involves presenting compelling evidence that demonstrates the defendant’s inability to comprehend the charges, assist in their defense or engage effectively in the legal process.
Engaging expert witnesses, such as psychiatrists or psychologists, becomes pivotal in establishing the link between the defendant’s mental health and their competency. Expert testimonies can provide a nuanced understanding for the court, influencing decisions related to trial proceedings.
Ethical considerations
Navigating the intersection of mental illness and criminal defense raises ethical questions that demand careful consideration. Respecting the human rights of individuals with mental illness involves safeguarding their dignity and ensuring fair treatment throughout legal proceedings. This aligns with evolving societal attitudes that recognize mental wellness as a critical aspect of overall well-being.
In instances of incompetency due to mental illness, the legal system prioritizes access to mental health treatment over punitive measures, a reflection of a progressive approach to criminal justice.
Suppose you’re worried about your loved one’s competence to stand trial; you should address this concern as soon as possible. By enlisting legal defense on their behalf, you can better protect their rights and help secure the best possible outcome. Remember, mental disorders should be treated, not punished, and it can be a significant part of a defense strategy under certain circumstances.]]>On Behalf of Paul Morgan Law Office, PLLChttps://www.themorganlawfirm.com/?p=492962023-11-08T13:39:28Z2023-11-08T13:39:28ZThe location of the trash
The key is not in whether or not the police canlook in someone’s trash, but where the trash is located at the time of a search.
People have a right to privacy on their own property. If someone has a trash bin behind their home, the police cannot enter their property and look in the bin without first getting consent or a search warrant. Doing so would violate the person’s right to privacy. The same is naturally true for any trash or discarded items that are still within the house, the garage or other structures that the person owns.
However, many people bring their trash out to the street for it to be picked up. Others collect their own trash and take it to the local dump. When either of these actions have been taken, that removes this expectation of privacy and the police can then look in the trash for evidence.
When rights violations occur
The location where the police get their evidence is quite important in determining whether or not that evidence can even be used in court. If the officers violated a person’s rights by illegally entering their property when the person wasn’t home, for example, then the evidence that they found may be excluded from court. This is because of the fruit of the poisonous tree doctrine, which says that evidence that is illegally gathered can’t be used in court – even if it may have led to a conviction.
That said, a scenario like this can lead to some disputes. The police may claim that they did everything properly, while the person facing arrest may feel that the evidence was illegally gathered. In a contentious court case like this, it’s quite important for those involved to understand their legal defense options by seeking legal guidance as soon as they possibly can.]]>On Behalf of Paul Morgan Law Office, PLLChttps://www.themorganlawfirm.com/?p=492682023-11-03T00:39:51Z2023-11-03T00:39:51Zsubstance use disorder can also potentially be considered as a mitigating factor, possibly reducing the severity of a defendant’s sentence, under certain circumstances. Every case is unique, so seeking legal guidance from a lawyer who works with individuals who are battling substance abuse disorders can be advantageous.
Role of medical witnesses
If you have a substance abuse disorder and are facing charges, your defense may involve medical professionals or expert witnesses who can validate your condition. These experts may testify about the nature of your substance use disorder, how it affects your decision-making abilities and why it might have led to your involvement in a criminal act. They can also suggest alternative sentence options, such as rehabilitation programs, which might benefit you long-term.
Defense strategy possibilities
Using a substance use disorder as a part of your defense is a strategic decision that comes with pros and cons. It might provide context for your actions and serve as a mitigating factor. It could also expose you to additional legal consequences, including mandatory rehabilitation or increased scrutiny from law enforcement. Your substance use disorder can also affect the way plea bargains are negotiated. Prosecutors might be more willing to offer a plea deal if you agree to undergo treatment.
Long-term repercussions
Beyond the immediate legal proceedings, a criminal charge coupled with a substance use disorder can have a lasting impact on your life. It might affect your employment opportunities, social relationships and self-esteem. As a result, for many defendants who have a substance use disorder, addressing treatment of their disorder while navigating their criminal cases makes sense. This effort can also help to reduce recidivism if a substance use disorder was a factor in a defendant’s alleged criminal actions.
Ultimately, those who struggle with substance abuse deserve support. Seeking support while facing criminal charges is certainly possible and may be to your advantage.]]>On Behalf of Paul Morgan Law Office, PLLChttps://www.themorganlawfirm.com/?p=492662023-10-12T13:16:58Z2023-10-12T13:16:58ZShowing that the state obtained evidence illegally
There are numerous limitations on the conduct of police officers, and minor deviations from best practices can compromise the usefulness of different types of evidence. Police officers conducting a search without the right justification or questioning someone without providing them with information about their rights could affect the state's case. Such misconduct could potentially culminate in an attorney challenging the inclusion of certain evidence because of how police collected it.
Proving that the evidence relies on junk science
There are many types of evidence that police and prosecutors have historically used that will not hold up in modern courts. For example, 911-call analysis and blood spatter analysis both have very limited peer-reviewed evidence supporting forms of conclusive evidence for criminal proceedings.
Showing that the state misinterpreted the evidence
What the state can derive from specific types of evidence will heavily depend on the knowledge of the experts reviewing that evidence. Defense attorneys often cooperate with expert witnesses who may be more knowledgeable and have a better understanding of certain types of science than the people working for the state. Presenting a different analysis of the same evidence could help raise questions about the validity of the state's case.
Fighting the state's ability to present certain evidence in court, questioning its accuracy or reinterpreting it can all be ways for those facing prosecution to develop a viable defense strategy. Seeking legal guidance is a good way to get started.]]>On Behalf of Paul Morgan Law Office, PLLChttps://www.themorganlawfirm.com/?p=492642023-09-12T11:05:56Z2023-09-12T11:05:56ZWhen a lawyer failed to provide proper representation
Every criminal defendant has the right to legal representation from a licensed attorney, but not every lawyer will provide clients with the same caliber of legal support. Some lawyers take on far more cases than they can reasonably manage. Others only take on a handful of clients but might sometimes accept cases that are well outside of their area of expertise. If a lawyer missed hearings in court, demonstrated a lack of knowledge in a particular area of law or otherwise undermined a client's defense efforts, their inadequate representation could provide grounds for an appeal.
When the courts misinterpreted the law
One of the more common reasons for individuals to appeal a criminal conviction is that they maintain that the lower courts committed some kind of error when interpreting the law. Perhaps a judge refused to consider crucial precedent that clarifies an unusual situation. Maybe some degree of bias influenced the courts and prevented someone from raising a reasonable claim of self-defense as permitted under the law. When the defendant has a clear claim related to a legal violation or misinterpretation, they may qualify for an appeal.
When there were ethical violations
Most of the parties involved in a criminal case must do their best to remain neutral and to disclose any factors that might compromise their neutrality. Jurors, judges, prosecutors and even defense attorneys have an obligation to disclose factors that might make them less impartial or that could be a conflict of interest. When professionals involved in a case or jurors making determinations about someone's guilt do not provide thorough and honest information about their personal histories and interests, that could unfairly influence the outcome of criminal proceedings.
Defendants who firmly believe that the circumstances leading to their conviction represent a miscarriage of justice can sometimes benefit from seeking legal support and actively trying to overturn an unfavorable verdict. Recognizing when a criminal appeal is possible can help someone better manage their response to a recent criminal conviction.]]>On Behalf of Paul Morgan Law Office, PLLChttps://www.themorganlawfirm.com/?p=492622023-08-21T18:51:55Z2023-08-21T18:51:55Zbasis in court precedent. However, many people waive that right and talk openly with police officers after an arrest. They often do this because they believe they can lessen their charges or the penalties that the state will impose by cooperating.
Unfortunately, the reality is that many people who keep talking after they get arrested end up hurting their case and making it harder to fight their charges.
Why talking can hurt someone's case
There are two ways in which discussing a situation that led to one's arrest with police officers can help the prosecution build their case and make it harder for that person to defend themselves. The first is how police officers can slowly confuse and manipulate someone into saying things that make them look guilty. Officers may ask leading questions about someone's history or feelings and then use that to build their claim that they had a motive for the crime. Those subject to questioning for long enough might even admit to something they didn't do just because they want to leave.
Other times, it won't be a confession or statements that make someone look dangerous so much as it will be contradictions that hurt someone's legal position. Police officers will often ask the same questions repeatedly in the hopes of getting someone to contradict themselves. Answering the same question or very similar questions differently can make someone look unreliable or like a liar, even if questioning lasts hours.
Rights aren't helpful if people don't use them
The right to remain silent can protect people from unnecessary prosecution or at least give them a better chance of successfully defending themselves when they face charges. The right to have an attorney assist that defendant can also have a major impact on their chances of avoiding prosecution or a conviction when the state indicts them for criminal activity.
Of course, in scenarios in which someone was manipulated or tricked by police officers, there may still be an opportunity for them to fight back in criminal court. Still, it is easier to build a viable defense when people don't make mistakes when they are initially taken into police custody. Learning about and avoiding some of the most common mistakes people make when facing charges can help those who aspire to fight back successfully in criminal court.
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