If you are going to appeal a conviction on speedy trial ground, you need to know the law in Texas regarding speedy trials. Texas courts employ a balancing-test, which usually ends up balancing away your right to a speedy trial. What’s the law on speedy trials in Texas? “The Sixth…
After the evidence is presented at a criminal trial, both sides have the opportunity to make closing arguments. There are limits to what the State can say to a jury, and in theory it is erroneous when the State cheats and makes improper closing arguments. However, in Texas our historically ultra-authoritarian…
What is aggravated assault with a deadly weapon in Texas? A defendant commits the offense of aggravated assault with a deadly weapon if the defendant commits assault as defined in penal code section 22.01 and uses or exhibits a deadly weapon during the commission of the assault. See TEX. PEN.…
Probation offices have a terrible amount of control over the fate of a probationer. Like so many human relationships some people just don’t work well together. Probation officers are people and suffer from the usual human frailties, some enjoy the power of ordering others around and making their lives miserable.…
Elections matter, and in Texas we elect appellate judges. We’ve been electing extremist conservative authoritarians for a few decades now. The result is that even when the State cheats at trial or a trial judge makes a clear mistake, it’s nearly impossible to get a conviction overturned. Today we are…
Intoxication Manslaughter is basically a regular DWI with an additional element, that the defendant’s intoxication caused the death of another. It’s a 2nd-degree felony, which means a possible 2-20 year TDC sentence and a fine of up to $10,000. Let’s look at Texas Penal Code 49.08- Sec. 49.08. INTOXICATION MANSLAUGHTER.…
Our last blog post talked about a consensual encounter with law enforcement. Basically, if the police just walk up and start talking to you, you can leave, but they don’t have to Mirandize you. If you aren’t sure if it’s a consensual encounter or interrogation, ask if you are free…
You are standing on a sidewalk outside your apartment complex while smoking a cigarette, a police officer approaches and asks what you are doing, and if you know anything about a crime that occurred earlier that day. Do you have to speak with the police? Can you leave? The police…
It’s pretty rare that a defendant gets revoked on probation within 30 days. If you do, then consider filing a motion for new trial. In the right case, it’s like a get out of jail free card, and the new trial motion will effectively start the probation over. You have…
In Texas you have a right to bail under the State Constitution. However, in recent years the Texas Constitution has been amended to allow no bonds to be set in certain cases. Texas has a Bill of Rights, and the Bail provision are under section 11 of Article 1. If…