Testifying in criminal court can be nerve-wracking. The stakes are high and, in many cases, someone’s freedom is on the line. It’s imperative to put your best foot forward and answer questions to the best of your memory. In an effort to lessen the stress and help you feel more comfortable on the witness stand, […]
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Innocently Carrying Large Amounts of Cash Can Result in Asset Forfeiture & Seizure Imagine you are driving to make a big purchase — maybe to buy a new car or make a down payment on a house — and you are stopped for a minor traffic infraction. You start to panic because you realize you have
Risks of Traveling with Large Amounts of Cash | Criminal or Forfeiture Read More »
State Jail Diligent Participation Credit Texas currently has 19 state jails housing approximately 9,500 state-jail offenders. Under Penal Code Section 12.35 , a person serving time for a state-jail felony may be punished for no more than 2 years, but not less than 180 days, with a fine of up to $10,000. Although the Texas
State Jail Diligent Participation Credit | Early Release Read More »
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
Judicial Clemency in Texas | Setting Aside Convictions Read More »
Confidential Informants Often fodder for Hollywood blockbusters such as Black Mass, Reservoir Dogs, and The Departed, the secrecy surrounding the identity of confidential informants has always captivated the public. Though the film world has undoubtedly glamorized the life of a confidential informant by adding a dramatic flair to their undercover lives, the plotlines focused on
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Certain criminal convictions can have immigration consequences such as deportation, denial of admission or naturalization for any non-citizen. A defendant’s particular category of non-citizenship may affect the specific consequences of an arrest or conviction. What Are the Categories of Non-Citizens? Legal Permanent Residents, also known as “Green Card holders” Visa Holders include individuals in the
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Rule 35 Agreement to Reduce a Federal Sentence As many know, under the federal system the most powerful departure from the United States Sentencing Guidelines exists under U.S.S.G. 5k1. This departure is warranted in cases where a defendant provides ‘substantial assistance’ to the Government. In other words, the Government rewards defendants that deliver new cases
Rule 35 Agreement Reducing a Federal Sentence | Rule 35 Agreement Read More »
An affirmative defense allows a defendant to avoid legal responsibility for the charged offense. When a defendant uses an affirmative defense, the defendant is admitting guilt. However, the affirmative defense provides an excuse or justification for why the action transpired. An affirmative defense has the ability to mitigate the legal consequences of an unlawful action. Affirmative
Affirmative Defenses in Texas | What is an Affirmative Defense to a Crime? Read More »
Collins v. Virginia In an 8-1 decision, the Supreme Court decided that the automobile exception does not allow police to enter the curtilage of home to search a parked vehicle. In Collins v. Virginia , the Supreme Court addressed a case where officers conducted a search of a parked vehicle that was believed to be
Collins v. Virgina Limits the Fourth Amendment Automobile Exception Read More »
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