Dallas Criminal Defense Lawyer Blog

October 17, 2023

Texas Defendant in Aggravated Assault Case Successfully Gets Indictment Dismissed, Highlighting Importance of Procedural Rules

In a recent criminal case on appeal before a Texas court, the defendant argued that his indictment for aggravated assault should have been barred by the state’s statute of limitations. Originally, the defendant was indicted almost exactly two years after he committed the aggravated assault. Fighting the indictment, the defendant argued on appeal that the indictment was brought too late and should therefore be dismissed. Considering the defendant’s argument, the court of appeals reviewed the relevant procedures, reversed the lower court’s ruling, and dismissed the defendant’s indictment.

Facts of the Case

According to the opinion, the defendant in this case committed aggravated assault while he was acting in the role of a public servant. The assault happened on July 7, 2019. For reasons unclear from the court’s opinion, the defendant was indicted for the assault on July 9, 2021 – approximately two years after the incident.

Legally, this means that two years passed between the incident and the formal charges that the State presented against the defendant. After being indicted, the defendant appealed.

October 14, 2023

Is There a Statute of Limitations for Criminal Cases in Texas?

by Robert Guest

Criminal cases can be complex legal matters, and understanding the various aspects involved is crucial. One such aspect is the concept of a statute of limitations, which plays a significant role in determining the timeliness of criminal prosecutions in Texas. It is essential to have a clear understanding of what a statute of limitations entails, how it impacts criminal cases in Texas, and the exceptions that may apply. This article will explore these topics in detail, shedding light on the intricacies of the Texas penal code and its relationship with the statute of limitations.

Understanding the Concept of a Statute of Limitations

Before delving into the specifics of the Texas penal code, it is vital to grasp the fundamental concept of a statute of limitations. In simple terms, a statute of limitations is a time limit imposed by the law, determining the maximum period within which legal proceedings must be initiated after a crime has been committed.

This legal principle aims to strike a balance between the right of the state to prosecute offenders and the rights of individuals to be free from the fear of prosecution for an indefinite period. By imposing time limits, the statute of limitations ensures that evidence is still fresh and available, witnesses’ memories are reliable, and defendants have a fair chance to mount a defense.

October 13, 2023

Understanding Deferred Adjudication in Texas Criminal Prosecutions Before Making a Plea

by Robert Guest

In Texas criminal law, the option of deferred adjudication gives defendants the ability to admit criminal wrongdoing while avoiding a criminal record. Deferred adjudication can be a lifeline for individuals facing criminal charges, offering them a chance to avoid a formal conviction. However, understanding when and how it applies can be challenging. If a defendant is unable to meet the conditions of a deferred adjudication agreement, they may find themselves in a worse position than if they had been convicted under the original charges. The Texas Court of Criminal Appeals recently heard an appeal by a man who was harshly punished for violating the terms of a deferred adjudication agreement.

According to the recently published judicial opinion, the defendant had been previously found liable for a criminal drug charge by a Texas court. He entered into a deferred adjudication agreement with prosecutors, in which the government would dismiss the charges if he completed certain conditions as part of the agreement. To succeed, the defendant was required to not be convicted of another crime while his agreement was pending.

In June 2020, the defendant was spotted by police in his vehicle with expired registration tags. An officer attempted to stop the vehicle, and the defendant allegedly fled the scene, and the officer initiated a chase. The defendant ultimately crashed his car, and he was arrested and charged with evading police, which led to the rescission of his deferred adjudication agreement.

October 10, 2023

How Your Statements Can be Used Against You in a Texas Family Violence Case

by Robert Guest

The statements of the accused often play a pivotal role in criminal cases, especially those involving family violence. Depending on the content of the statement, it can either bolster the prosecution’s case or provide a strong defense for the accused. A well-crafted statement that establishes a reasonable doubt or challenges the credibility of the alleged victim’s testimony can significantly impact the outcome of the case. Conversely, a statement that admits guilt or contains incriminating statements can strengthen the prosecution’s case against the defendant.

Criteria for Admissibility of a Defendant’s Statement in Texas

For a defendant’s statement to be admissible in court, it must meet specific criteria as outlined by Texas law. The following factors are considered when determining the admissibility of a defendant’s statement:

October 6, 2023

Texas Court Sides with State in Case Involving Defendant’s Tampering by Concealing Evidence

by Robert Guest

In a recent criminal case before an appeals court in Texas, the State appealed a previous ruling in the defendant’s favor regarding his conviction for tampering. Originally, the defendant was charged with tampering in 2017, and he was ultimately found guilty as charged. The defendant appealed, and the court of appeals reversed the conviction. The State appealed, however, and the higher court ultimately reversed the verdict that was in favor of the defendant.

Facts of the Case

According to the opinion, an officer on the highway was on patrol in his car when he saw the defendant driving by, going 84 miles per hour in a 75-mile-per-hour zone. The officer activated his lights and began following the defendant, attempting to make a traffic stop.

As the officer followed the defendant, he noticed that the defendant threw several brown objects out of his window. One of the objects flew directly into the officer’s windshield, and the others fell to the ground.
The defendant eventually stopped his car, and the officer issued a traffic ticket. The officer then went back to look for the objects that the defendant threw from his car, finding five joints with marijuana wrapped in brown cigar paper. Officers later arrested the defendant and charged him with possession of marijuana and tampering.

October 6, 2023

When is a Defendant’s Statement Admissible in a Texas Domestic Violence Case

by Robert Guest

Domestic violence is a serious crime, and the mere mention of domestic violence charges being filed against you can change your life. When someone is accused of domestic violence, the evidence presented in court can play a crucial role in determining their guilt or innocence. Statements to police or detectives by the accused often play a major role in these cases. However, not all statements are admissible in court. In this article, we will explore the criteria for when a defendant’s statement is admissible in a Texas domestic violence case, as well as the process of challenging its admissibility.

Understanding Domestic Violence Laws in Texas

Before delving into the admissibility of a defendant’s statement, it’s important to first understand the domestic violence laws in Texas. According to the Texas Penal Code, domestic violence, also known as domestic assault, occurs when an individual intentionally or knowingly causes bodily injury to a family member, household member, or current or former romantic partner. The law encompasses a wide range of behaviors, including physical violence, threats of harm, and emotional abuse.

Definition of Domestic Violence in Texas

The definition of domestic violence in Texas is broad and covers various types of relationships. Under the law, family members include spouses, former spouses, parents, children, foster parents, and foster children. Household members are individuals who live together in the same household, such as roommates. Additionally, individuals who are or were in a dating relationship, including individuals of the same sex, are also protected under the domestic violence laws in Texas.

October 2, 2023

The Importance of Hiring a Criminal Defense Lawyer for Your Misdemeanor Case in Dallas County, TX

by Robert Guest

Facing a misdemeanor charge in Dallas County, Texas, can be a daunting experience. While misdemeanors are considered less serious offenses compared to felonies, they still carry potential consequences that can significantly impact your life. Many individuals underestimate the gravity of a misdemeanor charge and fail to realize the importance of seeking legal representation. In this blog post, we will explore why hiring a skilled criminal defense lawyer at the law firm of Guest & Gray is crucial when dealing with a misdemeanor case in Dallas County.

We Have Knowledge of the Local Laws

At Guest & Gray, our criminal defense lawyers are intimately familiar with Dallas County’s legal system and possess extensive knowledge of local laws and procedures. They understand the specific nuances of misdemeanor charges, such as petty theft, DUI, drug possession, or assault. With their expertise, they can navigate the complexities of the legal process and build a strong defense tailored to your specific case.

We Will Protect Your Rights

When facing criminal charges, it is crucial to remember that you have constitutional rights that must be protected. At Guest & Gray, we go to great lengths to ensure that your rights are upheld throughout the legal proceedings. We will carefully examine the evidence, challenge any illegal searches or seizures, and ensure that you are treated fairly by the prosecution.

September 30, 2023

Understanding the Importance of Evidence Concealment in Texas Tampering Cases

by Robert Guest

In the world of criminal defense, every case presents its unique challenges and complexities. One such case that recently caught our attention is State v. Ransier, which involved an allegation of tampering with evidence. This blog post aims to provide an in-depth analysis of the case, highlighting the significance of evidence concealment and the implications it had on the final verdict.

The Facts of the Case

The incident took place in March 2015, when DPS Trooper David Kral noticed a parked truck by the roadside during an investigation. As he approached, he observed the defendant, who seemed to be concealing something in his hand. Upon closer examination, Trooper Kral discovered it was a syringe that the defendant was attempting to break and hide. The trooper ordered the defendant to drop the syringe, but he continued his efforts to conceal it. Subsequently, Trooper Kral intervened, leading to a physical altercation that resulted in the defendant falling to the ground, with the syringe dropping nearby.

Trial and Appeal

the defendant was charged with tampering with evidence for concealing the syringe. During the trial, the defense argued for the submission of the lesser-included offense of attempted tampering. However, the request was denied, and the defendant was ultimately convicted of tampering with evidence. On appeal, the court of appeals concluded that the lesser-included offense of attempted tampering was raised, emphasizing that the syringe was only partially concealed during the altercation. Continue reading

September 28, 2023

Failure to Object at Trial May Prevent a Successful Appeal

by Robert Guest

When standing up to a Texas criminal prosecution, it is important to be sure that every possible avenue for appeal is preserved throughout the process. A recent Texas Court of Appeals decision serves as an illuminating example of how careful consideration of the preservation of appellate issues can impact the outcome of a case. The defendant’s journey through the criminal justice system and his subsequent appeal demonstrate the importance of preserving issues for appellate review.

According to the facts discussed in the recently published judicial opinion, the defendant found himself facing serious charges of possession of a controlled substance after an encounter with police. After a jury found him guilty, the trial court sentenced him to thirty-five years in prison, The defendant appealed his conviction, asserting that the trial court erred when it denied his motion to suppress evidence.

This case highlights the importance of preserving issues for appellate review from the very outset of a trial. In his first point of error, the defendant argued that the trial court erred when it denied his motion to suppress. However, a crucial aspect of this issue was the defendant’s failure to object during the trial effectively. The opinion emphasized that the defense counsel and the prosecution had an agreement regarding the motion to suppress. They decided that the trial court would review the body-camera footage of the arresting officers before ruling on the motion. The trial court adhered to this agreement and denied the motion after reviewing the footage.

September 27, 2023

The Importance of Consulting a Criminal Defense Attorney in Rockwall, TX, Before Giving a Statement in a Criminal Investigation

by Robert Guest

When involved in a criminal investigation, it is crucial to understand that every word you say can significantly impact the outcome of your case. One common mistake individuals often make is giving a statement to law enforcement without consulting a criminal defense attorney first. In this blog post, we will discuss why it is of utmost importance to speak with a Rockwall criminal defense attorney at Guest & Gray before providing any statements during a criminal investigation.

Safeguarding Your Rights

When you find yourself under investigation, you must be aware of your constitutional rights, such as the right to remain silent and the right to legal counsel. By consulting a criminal defense attorney before speaking with law enforcement, you ensure that your rights are protected from the very beginning. Your attorney will guide you on when and how to respond to authorities while safeguarding your interests throughout the investigation.

Navigating Complex Legal Procedures

Criminal investigations involve intricate legal procedures that can be challenging to understand without proper legal knowledge. The dedicated defense attorneys at Guest & Gray are well-versed in the intricacies of the local legal system and can explain the investigation process to you. They will guide you through each step, ensuring you have a clear understanding of your rights and responsibilities, empowering you to make informed decisions.