Author name: Benson Varghese

Gun Rights after Domestic Violence | Voisine v. United States

The Supreme Court of the United State handed down Voisine v. United States  in June 2016. The decision addressed the gun ownership and possession rights of individuals who have been convicted of domestic violence charges. In 2014, the Supreme Court handed down United States v. Castleman in which the Court ruled that a “knowing” or “intentional” assault qualifies […]

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representment to grand jury

Can Prosecutors Re-Present to Grand Jury After a No-Bill?

No-Bill and True Bills in Texas How Many Bites at the Apple Does the Prosecutor Get? Headlines today read, “Cleared once, man will once again face charges in Fort Worth officer’s shooting ” and “Tarrant County District Attorney refiles charges after Grand Jury no bills shooting suspect.” The headlines highlight the fact that it seems almost

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Video: Experts in DWI Cases | When Should You Use an Expert in a DWI Case?

Should you use an expert in a DWI trial? Lawyer Benson Varghese discusses some considerations when making this determination. In a DWI case, a lot of evidence is going to be presented to the jury that is very specialized. The standardized field sobriety tests are the first example of something that’s very standardized and very specialized.

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Judicial Clemency in Texas | Setting Aside Convictions

What is Judicial Clemency? One of the least discussed areas of criminal law in Texas is a judge’s power to set aside certain straight probation sentences. (Click here to read about the differences between “straight probation” and deferred adjudication. ) Article 42.12 , Section 20 of the Texas Code of Criminal Procedure sets out the

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