What You Need to Know about Open Carry in Texas

open carry in Texas

Since January 1, 2016, Texas has allowed “open carry” — or wearing weapons in plain view in belt or shoulder holsters. That law was passed even though 75 percent of Texas police chiefs expressed opposition to open carry. Since then, lawmakers have passed more gun-related laws, several of which went into effect on September 1, […]

What is a Federal Sentencing Memorandum? (2023)

federal sentencing memorandum

What is a Federal Sentencing Memorandum? Criminal defense attorneys write a federal sentencing memorandum to help persuade the judge that the lowest-possible sentence is appropriate at a federal sentencing hearing. It can be one of the most impactful things a federal practitioner does and often carries a lot of weight with the judge. The memorandum, […]

Can Police Search My Phone During a Texas Traffic Stop? (2023)

can police search my phone

Can police search my phone during a Texas traffic stop? Technology continues to change our world at lightning speed. The emergence of smartphones, for example, has put the power of a computer in nearly every adult’s hands across the globe. While technology has often led to alterations and updates to our laws, one important tenant […]

Can Your Social Media Be Used As Evidence in Texas Criminal Cases? (2023)

social media be used as evidence

Can social media be used as evidence in Texas criminal cases? Most of us have heard the famous Miranda Rights line “anything you say can and will be used against you in a court of law” from film and television. That includes just about anything you’ve posted on social media. Law enforcement and prosecutors can […]

What is Super Aggravated Sexual Assault of a Child in Texas?

Super aggravated sexual assault of a child

What is super aggravated sexual assault of a child in Texas? Super aggravated sexual assault of a child is one of the most serious criminal offenses in Texas – and the state tries to punish it as such. The term “super” refers to the enhanced punishment that comes with a conviction. Super aggravated sexual assault […]

Protective Orders vs. Restraining Orders in Texas (EPO vs. TRO)

emergency protective orders vs. temporary restraining orders in texas

What’s the difference between a protective order and a restraining order in Texas? A protective order is an order that is most commonly used to prevent acts of family violence (including violence in a dating relationship) and sexual assaults. Temporary Restraining Orders are used in the civil context to avoid some sort of immediate and […]

Murder vs. Manslaughter vs. Criminally Negligent Homicide [TX]

difference between murder manslaughter and criminally negligent homicide

Types of Homicide in Texas Homicide is the unlawful killing of a person. In Texas, there are four basic types of homicides: capital murder, murder, manslaughter, and criminally negligent homicide. This article discusses the difference between murder manslaughter and criminally negligent homicide in Texas, which differs primarily in the mental state required to establish each […]

Romeo and Juliet Law in Texas [5 Things Most People Don’t Know]

romeo and juliet law in texas

What is the Romeo and Juliet Law in Texas? The “Romeo and Juliet” law in Texas refers to an affirmative defense that may be raised to avoid a conviction for a close-in-age sexual offense if both parties are willing participants and over the age of 14. The length of the close-in-age affirmative defense applies depends […]

Is Selling Fake Drugs Illegal in Texas?

Selling fake drugs in Fort Worth

What Texas law makes selling fake drugs a crime? Under Chapter 482.002 of the Texas Health and Safety Code, a person commits the offense of “unlawful delivery or manufacture with intent to deliver” a simulated controlled substance if he or she: (1) expressly represents the substance to be a controlled substance; (2) represents the substance […]

What is Capital Murder?

capital murder in texas vs. murder

What is Capital Murder in Texas? In Texas, capital murder is the most severe form of homicide, involving specific aggravating circumstances that elevate it beyond a standard murder charge. Convictions for capital murder can result in life imprisonment without parole or the death penalty. Capital Murder vs. Murder in Texas In Texas, the biggest difference […]

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