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? 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 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 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 […]
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 […]
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 […]
What is the Romeo and Juliet Law in Texas? The Romeo and Juliet statute is an affirmative defense that recognizes that, although a person has to be 17 in Texas to be able to give consent to sexual activity, it does not make sense to prosecute minors for a felony when they willingly engage in […]
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 […]
Tarrant County’s Most Common Juvenile Crimes In 2021, juvenile offenses in Tarrant County increased slightly from the previous year, but overall the number of offenses referred by police agencies to the juvenile department has decreased over the past five years. Tarrant County Juvenile Services reported 2,534 formal referrals in 2021. In this post, Varghese Summersett […]
It is not uncommon for a CPS investigation to occur at the same time a criminal investigation is taking place in Texas. This is especially true in cases involving allegations of child physical or sexual abuse or neglect. In Texas, CPS is required, by law, to refer all reports of child abuse or neglect to […]
