Recent Blog Posts
Does the State of Texas Still Have to Prove a Drug Crime Occurred If the Defendant Confessed?
Every person charged with a crime in Texas has the right to demand a jury trial. At such a trial, the state must prove the defendant’s guilt “beyond a reasonable doubt.” But what happens if the defendant pleads “guilty” and signs a confession? Does the prosecution still need to put on a case? Texas… Read More »
Is a Lane Change Sufficient to Support a Texas DWI Stop?
A police officer must have “reasonable suspicion” to pull a driver over. In most cases, this reasonable suspicion takes the form of the officer observing an apparent traffic violation. And while most such stops end up in nothing more than a traffic ticket, if the officer observes evidence of other potential offenses, such as… Read More »
Can You Argue Self-Defense in a Texas Capital Murder Case?
Capital murder is the most serious violent crime a person can be charged with in Texas, as conviction carries the possibility of the death penalty. To be clear, not all murders are capital murders. The Texas capital murder statute specifies a number of conditions that must exist in addition to murder to qualify as… Read More »
Can Texas Police Initiate a DWI Stop Based on a 911 Call?
A police officer must have “reasonable suspicion” to initiate a traffic stop. This standard is often met when the officer personally observes a traffic violation. But it may also arise from a 911 caller reporting a possible violation. According to a 2014 decision from the United States Supreme Court, Navarette v. California, law enforcement… Read More »
The Importance of a “Deadly Weapon” Finding in a Texas Criminal Case
Texas criminal law requires trial courts to place what are known as “affirmative findings” when there is evidence that a defendant used or exhibited a “deadly weapon” during the commission of a felony (or during the immediate flight after such commission). In this context, a deadly weapon can be a firearm or anything else… Read More »
Why Is Manslaughter a Lesser-Included Offense of Murder in Texas?
There are certain Texas criminal cases where a jury can find the defendant not guilty of the charged offense but still convict on a lesser-included offense. One of the most common scenarios where this comes up is homicide. When a person is charged with murder, a jury may convict on the lesser-included offense of… Read More »
Is Driving Slowly Down a Dirt Road “Evading” the Police in Texas?
It is a criminal offense in Texas to evade a police officer who is lawfully trying to detain you. Specifically, Section 38.04 of the Texas Penal Code states a person commits a felony if they “intentionally flee[] from a person he knows is a peace officer or federal special investigator attempting lawfully to arrest… Read More »
Were You Charged With Continuous Family Violence?
Accusations of domestic violence are some of the most serious charges that a person can face, as conviction not only comes with serious criminal penalties, but can also impact a person’s visitation rights and reputation. Allegations of family violence should never be taken lightly, especially if the person is being charged with continuous family… Read More »
Understanding a Texas DWI Traffic Stop
In Texas, law enforcement officers don’t always need a warrant to detain someone. For instance, if an officer observes someone committing a traffic violation, like speeding, failing to signal, or rolling through a stop sign, he or she can pull that person over. Once pulled over, a driver will be asked for his or… Read More »
What Types of Evidence Can Be Used to Refute Allegations of Family Violence?
While all criminal charges can have significant repercussions on a person’s life, allegations of family violence are especially damaging. Besides the penalties of hefty fines and jail time, a person accused of family violence will likely end up with a permanent criminal record, making it difficult to obtain employment and housing. For those who… Read More »