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SelfDefense

Arguing Self-Defense in Texas Assault Cases

By The Law Offices of David C. Hardaway |

Under Texas law, defendants can avoid being unfairly convicted of assault and other violent crimes if they can prove that they were acting in self-defense. This is because state law recognizes a person’s inherent right to protect him or herself from physical harm. Unfortunately, the line between what qualifies as justifiable self-defense and criminal… Read More »

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Common Defenses to Texas Drug Possession Charges

By The Law Offices of David C. Hardaway |

The right defense can make all the difference to the outcome of a criminal case. For instance, proof that police officers violated a defendant’s Fourth Amendment right by conducting an illegal search and seizure could result in the suppression of the evidence obtained during that search and even to the dismissal of the charges…. Read More »

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What is an ANP?

By The Law Offices of David C. Hardaway |

In Texas, victims of and witnesses to crime have the option of filing what is known as an ANP, or an Affidavit of Non-Prosecution. This is a type of sworn statement, where a person states that he or she doesn’t wish for a case to proceed against the accused. While ANPs can be convincing… Read More »

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Am I Going to Jail/Prison?

By The Law Offices of David C. Hardaway |

The stakes are never higher than when a person has been accused of committing a criminal offense. Texas law punishes convicted offenders harshly, with even some first-time offenders required to spend time in jail. Whether someone goes to jail or prison depends on a number of factors, including the type of crime allegedly committed,… Read More »

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How Can the State Get a Conviction if It’s Just He Said/She Said?

By The Law Offices of David C. Hardaway |

In Texas, a person can only be convicted of a criminal offense if the state can prove, beyond a reasonable doubt, that the defendant committed the crime in question. The evidence that a state uses when attempting to satisfy this burden will vary depending on the type of case, but the most common forms… Read More »

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Do I Need to Tell My Job?

By The Law Offices of David C. Hardaway |

One of the concerns that we hear most often from our clients is whether or not they will need to tell their employer that they were arrested. Fortunately, the answer to this question is usually no, although in some specific cases, it could be required. For a more specific answer, as applied to the… Read More »

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I Signed an ANP So Why is the State Still Prosecuting the Case?

By The Law Offices of David C. Hardaway |

In Texas, a person who has accused someone else of committing a crime has the option of recanting their story by filing an Affidavit of Non-Prosecution. Also known as an ANP, these affidavits are a type of sworn statement wherein an accuser explains that he or she doesn’t wish to press charges against the… Read More »

Probation

What is Probation Like?

By The Law Offices of David C. Hardaway |

Not everyone who is convicted of a crime will go to jail. This is because Texas courts offer many legal alternatives to incarceration, such as probation. Also known as community supervision, probation is a system that allows those who have been convicted of criminal offenses to avoid jail time and to instead serve their… Read More »

Statute

How Does the SOL Work?

By The Law Offices of David C. Hardaway |

In Texas, there are specific laws in place that dictate how long the state has to press charges against a defendant. These are known as statute of limitations (SOL) and these laws set a maximum time limit on prosecutors, who must file their cases before the expiration of this deadline. When the statute of… Read More »

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What’s Their Proof Against Me If They Don’t Have Me On Video?

By The Law Offices of David C. Hardaway |

Whether a camera at the self-checkout stand or a bystander filming on their phone, it can sometimes feel like just about everything is captured on video these days. This can often prove extremely helpful, especially in criminal cases, with video recordings able to establish an accused’s innocence. It can also be used as strong… Read More »