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 »
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 »
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 »
Navigating the criminal justice system can be tricky. Most laypeople find it confusing and, just when they think they’ve got the process somewhat figured out, something comes along that throws them for a loop. Like a direct indictment. What is a direct indictment? A direct indictment is the process by which prosecutors take a felony
Direct Indictments In Texas Read More »
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
Substitute Assets | Federal Criminal Defense Lawyer Read More »
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
2019 Criminal Law Update | 40 New Criminal Laws Read More »
Burdens of Proof Innocent until proven guilty. Proof beyond a reasonable doubt. These are not just clichés or catch-phrases. They are standards and burdens imposed on the prosecution to avoid wrongful convictions. Our country was founded on the premise that criminal convictions have such an impact on a person’s life and liberty, directly and indirectly,
Burden of Proof Chart: What is Proof Beyond a Reasonable Doubt? Read More »
Affirmative Defenses in Texas | Age Age is the final affirmative defense to a criminal act that is laid out in Chapter 8 of the Penal Code . In Texas, a juvenile is someone who has not yet reached the age of 17. While there are some exceptions, generally a person under 17 cannot be
Age | Affirmative Defenses in Criminal Cases in Texas Read More »
Many parents face child care issues and, sometimes, they believe they have no other option but to leave their child alone at home while they go to work or run a quick errand. Similarly, it’s not uncommon for parents to leave their children in the car while they run into a store or restaurant. But
Is it illegal to leave a child alone at home or in a car? Read More »
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