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 […]

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

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

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

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

Substitute Assets in Criminal Asset Forfeiture: Substitute Assets are one of the most powerful forfeiture theories in the Government’s ability to seek the forfeiture of property that isn’t connected to crime as a substitute for property that has been spent, transferred, or dissipated in some other way.  Texas state forfeitures do not contain substitute asset

Updated: July 22, 2019 – Here are the 40 new criminal law legislative changes you need to be aware of from the 86th legislative session in Texas. Most of the new laws took effect on September 1, 2019. This article will be periodically updated with more changes to criminal laws that are going into effect