If there is one thing law enforcement hates, it’s the 4th Amendment’s requirement to get a warrant before searching. The reason? Warrants require an officer to have probable cause, and to explain said probable cause (in writing) before getting what they want (searching your house, stealing your blood etc). Warrants…
Being a DWI defense lawyer, or defendant, is tough in Texas. One reason is that our appellate courts will go to almost any length to uphold a DWI conviction. We have pro-conviction judicial activism to an amazing degree in Texas. Don’t believe me. Let’s go to the case of the…
If you read criminal appeals you know that our appellate courts desperately want to help the State by upholding as many convictions as possible on appeal. They accomplish this in a few ways, one is by letting the State break rules and laws as often as possible without consequences. How…
Lesser included offenses can be an important part of a criminal jury trial. Some offenses, like misdemeanor DWI, don’t have any lesser included offenses. Others, like Aggravated Assault, are full of lesser included opportunities. What is a lesser included offense? Let’s take an aggravated assault case. The difference between an…
A recent appeal from Kaufman County highlight the dangers of self representation in criminal cases. In misemeanor cases it’s alarmingly common for defendants to walk into court and sign away their right to counsel. These pro se defendants talk to the prosecutor and almost always end up accepting whatever plea…
Some prosecutors will seek to punish a Defendant who demands a trial and start digging through the case to find an “enhancement” (enhancement increase the possible sentence or limit parole etc). This is more common for Defendants with lengthy criminal histories, but some prosecutors apply this approach to anyone who…
Mark Bennett runs my favorite Texas defense lawyer blogs, Defending People. Mark has been arguing that part of the Texas law regarding Online Solicitation of a Minor is unconstitutional since 2008. Today, the Court of Criminal Appeals agreed and ruled 9-0 that part of the statue, 33.021(b)(1) is a violation…
Corey Freeman had a bench trial and was convicted of online solicitation of a minor. Corey challenged the law as being unconstitutional for two reasons. One, was that he claimed the law was a strict liability offense in that there was no requirement that he actually believe he was talking…
Texas has over 600 news laws going into effect this month. One law aims to reverse our State’s wrongful conviction epidemic by allows writs to be filed challenging convictions based on junk science. From the article- “I’m going to predict right now that at least several hundred people over the…