Will Diversions Lead to Deportation? Pre-trial diversion programs are often used as a tool to avoid a criminal conviction. Whether or not something is a “conviction” depends entirely on the context in which it is asked. For instance, deferred adjudication is generally not a conviction for most purposes under state law, but it can be […]
Some Pre-Trial Diversion Programs Are Convictions for Immigration Read More »
Are Cell Site Simulators Legal? Law enforcement agents at the local, state, and federal levels have been using cell site simulators to obtain information in criminal investigations. The most common cell site simulator, and the one used by agencies like the Fort Worth Police Department and the Austin Police Department, is the Stingray. The use
Stingrays, the Fourth Amendment, and Cell Site Simulators Read More »
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.
Video: Experts in DWI Cases | When Should You Use an Expert in a DWI Case? Read More »
After a slew of mass shootings, Texas passed eight new laws in 2019 designed to ease restrictions on guns and license to carry. This included allowing them to be carried in places of worship, during disasters and in rented and leased property. Here’s a rundown of eight new laws that went into effect on Sept.
Texas Gun Laws: License to Carry Requirements Read More »
What is Misprision of a Felony? The technical definition of Misprision can be found in the statute itself, 18 USC 4: Whoever, having knowledge of the actual commission of a felony cognizable by a court of the United States, conceals and does not as soon as possible make known the same to some judge or
Misprison of a Felony | Aiding and Abetting Read More »
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
Gun Rights after Domestic Violence | Voisine v. United States Read More »
What are 5K Motions in Federal Criminal Cases? A “5K” or a “5K motion” in the federal system is a motion filed under Section 5k1.1 of the United States Sentencing Guidelines, requesting a sentence below the guidelines based on substantial assistance by the defendant. The Prisoner’s Dilemma: Not Just Game Theory Many people have seen
What is a 5K Motion in the federal criminal system? Read More »
State vs. Federal Criminal Charges Several differences exist between the state and federal criminal systems. While both systems include similar statutes, standards, and evidentiary rules, the practical application of these rules differs dramatically between the two systems. 1. Federal Cases are Broader in Scope Federal cases often involve multiple defendants. In fact, it’s not uncommon
The Differences Between State & Federal Criminal Defense Read More »
