Creative Sentencing: Ten Unusual Punishments
We’ve all heard the adage: “Do the crime, do the time.” But what if the judge has some other punishment in mind, like carrying an embarrassing sign, working in a…
Does Obtaining Cell-Site Location Information Require a Warrant?
Carpenter v. United States On June 5, 2017, the United States Supreme Court granted a petition to hear a major Fourth Amendment case decided by the Sixth Circuit, Carpenter v. United…
Supreme Court Carpenter v. U.S.: Warrant Required to Access Cell Site Location Information
In a recent 5-4 decision , the Supreme Court held that police generally need a search warrant to gain access to your cellphone’s location information. Specifically, in Carpenter v. United…
4 Reasons Former Federal Prosecutors Make Excellent Defense Attorneys
Former Federal Prosecutors While it seems intuitive that being a former prosecutor is an advantage for a defense attorney, the gains offered by that experience are often underestimated. Obviously, former…
Stark Law and Anti-Kickback Violations
State Attorney General ’s Officers, the FBI, and other law enforcement agencies have dedicated teams that solely investigate financial practices of doctors’ offices and health care providers, including looking for…
What is a Motion in Limine in a Criminal Trial in Texas?
A Motion in Limine is common in criminal trials, both at the state and federal level. It is a motion filed by either the prosecution or defense before a trial…
5th Circuit Overturns Restraint Enhancement in Hobbs Act Robbery
Restraint Enhancement in Hobbs Act Robbery Cases On May 23, 2017, in United States v. Garcia, the federal Fifth Circuit rejected the imposition of the restraint enhancement in a Hobbs Act robbery….
Texting While Driving Ban in Texas: Here’s What You Need to Know
In 2018, there were 540,561 crashes on Texas roadways. Of that number, 95,572 – or 18 percent – were caused by distracted driving, resulting in 394 deaths and 2,340 serious…
Texas Knife Reform Bill: Are Illegal Knives a Thing of the Past?
Governor Abbot recently signed House Bill 1935, which will become law on September 1, 2017. Known as the Knife Law Reform Bill, HB 1935 removes the term “illegal knife” from…