Child pornography laws are designed to protect children from exploitation and abuse, reflecting society’s strong desire to shield the most vulnerable. Texas prosecutors are particularly stringent in enforcing these laws, often seeking the harshest penalties for those accused of such crimes. This approach aligns with the public’s desire for stringent…
Dallas Criminal Defense Lawyer Blog
How to Prevent Small Traffic Violations from Turning into Charges of Driving While Intoxicated
In Texas, DUI enforcement is taken very seriously due to the high number of accidents and fatalities related to intoxicated driving. However, despite rigorous enforcement, only a fraction of actual DUI offenses are stopped and charged. To address this, Texas law enforcement officers are often vigilant in looking for any…
Texas High Court Weighs in On Specificity Requirement for Cell Phone Warrants
Cell phones are everywhere today, and they’re playing an increasingly significant role in criminal investigations. It’s no longer just about phone calls and text messages; the data stored on these devices can reveal a treasure trove of information. From GPS location data to social media activity, cell phones can provide…
Texas Court Holds Witness is Permitted to Testify Remotely in Child Sexual Assault Case
In the American legal system, one of the fundamental rights guaranteed to anyone accused of a crime is the right to confront the witnesses against them. This right is enshrined in the Confrontation Clause of the Sixth Amendment to the U.S. Constitution, which ensures that in criminal prosecutions, defendants can…
How Deferred Adjudication Agreements for Felony Offenses Can Affect Sentencing Enhancements
In Texas, many criminal prosecutions are resolved through deferred adjudication agreements. These agreements can be highly beneficial for defendants as they place a formal judgment on hold, allowing the defendant to fulfill certain obligations. Once these are met, the charges may be dismissed or significantly reduced. This approach helps many…
What if Criminal Action is Necessary to Protect Against a Greater Harm?
One of the most common general philosophical discussions concerning law and crime in Texas involves what is known as the “necessity defense.” The necessity defense allows for certain criminal conduct to be excused when the conduct was necessary to prevent a greater harm. Self-defense is a type of necessity defense,…
Applying the Due Process Clause of the Constitution to Electronic Court Hearings
With the passing of the COVID-19 pandemic in 2020, the legal landscape in Texas has undergone significant transformations. Notably, there has been a marked increase in remote court hearings and adjudications, a trend that persists even as the threat of illness has diminished. The increase in the number and scope…
Texas High Court Affirms Enhanced Punishment for Theft Crime Based on 20-Year-Old Federal Conviction
Criminal defendants in Texas with prior criminal convictions can be disadvantaged at nearly all stages of the Texas prosecution. Law enforcement officers who notice that an individual has a lengthy criminal record may have a bias against them and seek them out for arrest. Many Texas crimes can be charged…
When Can Surprise Testimony by a State’s Witness Result in a Mistrial?
Texas prosecutors often rely on the testimony of alleged victims or eyewitnesses to obtain convictions for violent crimes. It is important to remember that witnesses are only human, and sometimes they will testify in a manner that the prosecution did not expect. Such surprise testimony may put the defense at…
Texas Court Disagrees with Insufficient Evidence Argument in Aggravated Assault by Threat Case
A recent criminal case before a district court in Texas highlights the importance of specific and credible testimony during trial. At issue in this appeal was the defendant’s conviction for aggravated assault by threat. On appeal, the defendant argued there was insufficient evidence to prove he threatened one of the…