Nothing excites Texans like football (especially Red Raider football). Nothing excites the Texas legislature like creating a new criminal law for every perceived societal problem. Combine the two and you get… 32.441. ILLEGAL RECRUITMENT OF AN ATHLETE. (a) A person commits an offense if, without the consent of the governing…
Specialized courts are all the rage. We have DWI courts, Drug Courts, and more recently a new speicalized court for prostitutes. DMN reports Dallas court helping put prostitution in the past 06:41 AM CDT on Tuesday, October 28, 2008 By TIARA M. ELLIS / The Dallas Morning News tellis@dallasnews.com These…
Texas’ Drug Free Zone (DFZ) law is a testament to the failure of Prohibition. If our drug war worked special laws to keep drugs out of certain areas wouldn’t be necessary. But I digress. So what is a Drug Free Zone? Basically in, on, or within 1,000 feet of premises…
Thanks to the TDCAA website for posting this memo from CPS. Recently, CPS was sued by two parents in Fort Bend County for numerous constitutional violations. The 5th Circuit Court of Appeals held that CPS could be liable to future litigants (under a 1983 claim). Normally, the government grants itself…
I’m often asked by clients if a case is too old to go to court, or if there case is so old it must be dismissed. This is understandable. Many defendants are arrested and then wait months for their first court date. For example, the Kaufman DA (wisely) tests all…
The Court of Criminal Appeal’s web site shows that an order deleting the special rule of attorney client privileges in criminal cases was signed on September 1st. (Click on the Order Amending Texas Rules of Evidence and Appellate Procedure Effective September 1, 2008 [pdf]). This would be a surprise since…
Deferred adjudication is a type of probation that does not result in a final conviction. For example, in Kaufman County many defendants received plea bargain offers of deferred adjudication probation for misdemeanor marijuana cases, usually for a period of 6-12 months. In order to accept a deferred adjudication the defendant…
A reader wants to know about “official oppression.” Texas does have a law against official oppression. That sounds better than it is. Prosecutions are extremely rare. I’ve never seen one. What is OO? If the police pull you over and offer to let you go for sexual favors. Or if…
If you hire me or not I want you to know what to expect and what your options are. Unfortunately, education also includes breaking bad news to potential clients. I have had a few inquiries about appeals only to inform the defendant and/or the defendant’s family that there will be…
Few things on the highway are as ubiquitous as a cop hiding from view, armed with a radar gun. As long as local governments have needed tax revenue, radar guns have been used to fine speeders. How exactly does a radar gun work? Can this information help beat your ticket?…