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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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
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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
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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
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Changes in Tarrant County Magistration For many years, bonds in Tarrant County were set by municipal magistrates throughout the county. This meant individuals in different cities could receive vastly different bond amounts based on where they were arrested and which magistrate was on duty at the time. The process had its advantages – bonds were
Tarrant County Magistration | Arraignment | How Long to Make Bond? Read More »
Gamble vs. U.S. (2019) The Supreme Court handed down its decision in Gamble vs. United States (No. 17–646) on July 17 in which the Court declined to put an end to state and federal prosecutors punishing individuals twice for the same crime. In its 7-2 decision, the Court declined to overturn the dual-sovereignty doctrine. While
Dual Sovereignty Reigns Over Double Jeopardy | Gamble vs. United States (2019) Read More »
Duplicity in Prosecution or Politics as Usual? In recent days, Tarrant County District Attorney Sharen Wilson has publicly stated that her office plans to pursue a murder indictment against former Fort Worth Police Officer Aaron York Dean in the officer-involved shooting death of Atatiana Jefferson. “We have completed an initial review of the case, and
Tarrant DA breaks protocol in latest officer-involved shooting. What will happen next? Read More »
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