Recently, the Court of Appeals for the Fifth District of Texas at Dallas issued an important decision holding the state’s stalking statute unconstitutional. While lawmakers are responsible for writing and passing laws, courts must interpret the laws as they are written. However, courts are also the final arbiter in determining…
In a recent opinion from a Texas court involving a DWI, the defendant’s request for incriminating evidence to be suppressed was denied. The defendant was found guilty of driving while intoxicated and appealed by arguing that the court improperly admitted his blood sample as evidence at trial. The court disagreed,…
While Texas has taken some small steps in light of the national shift towards the decriminalization and legalization of marijuana, the drug is largely still illegal except for those with a valid prescription. The continued prohibition on marijuana possession—even in small amounts—has led many to seek out legal alternatives to…
In a recent opinion from a Texas court involving sexual assault, the defendant’s request for a new verdict was denied. The defendant was found guilty of aggravated sexual assault of a child under the age of fourteen. At trial, the plaintiff, a child who was ten years old at the…
In a recent opinion from a Texas court involving charges of domestic violence, the defendant’s request for a new verdict was denied. The defendant was found guilty of the second-degree felony offense of family violence assault by impeding the normal breathing of his girlfriend, as well as the third-degree felony…
The Fourth and Fourteenth Amendments to the U.S. Constitution protect defendants from unreasonable searches and seizures of themselves, their homes, and their property. Evidence gathered in violation of the Fourth Amendment cannot be used against a defendant at trial. Thus, defendants who can prove that the evidence used against them…
Sex offenses are some of the most serious charges anyone can face in Texas. Not only does a conviction for a sex crime often result in a lengthy prison sentence, but it can carry other life-changing consequences. For example, if you are convicted of a sex crime you will almost…
Self-defense is one of the oldest and most sacred defenses in all of criminal law. While self-defense applies in a variety of situations, it is also one of the most misunderstood defenses. One particular area of self-defense that is especially important to understand is the “Castle Doctrine.” The Castle Doctrine…
What is burglary of a habitation in Texas? Burglary of a habitation is a 2nd-degree (2-20 TDC) felony in Texas. The law forbids entering a “habitation” without permission from the owner and then attempting or committing theft. See TEX. PENAL CODE § 30.02(a). What is a habitation? “Habitation” means “a…
Let’s say you have a trial and lose. The judge or jury sentences you to 5 years in prison, but your lawyer is going to file an appeal. Can you get released on bond while the appeal is pending? BOND AFTER CONVICTION IN TEXAS If you’ve been convicted in a…