Monthly Archives: January 2026
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 »