What is self-defense? Texas Penal Code section 9.31 says that a person is justified in using deadly force when and to the degree the person reasonably believes the deadly force is immediately necessary – to protect themselves from another’s use or attempted use of deadly force or to prevent another…
What is an expunction? An expunction is available to a someone arrested for a crime, but never convicted, or to a person given deferred on a Class C misdemeanor. Expunctions are for arrests only, they serve as a way to have the arrest taken off of your record. The process.…
What is reasonable suspicion for a traffic stop in Texas? Reasonable suspicion in general. The Texas case, Hamal v. State, explains that an officer has sufficient reasonable suspicion when he or she is aware of specific articulable facts, that when combined with rational inferences from those facts, would lead…
The 6th and 14th Amendments of the United State Constitution guarantee an accused party the right to “be confronted with the witnesses against him.” Meaning that if you are charged with a crime and proceed with trial, you have a right to cross-examine testimonial statements by the witness. Crawford v.…
If charged with an offense and want to hire an attorney but can’t afford one you may qualify for a court appointed attorney. In some situations, you may not be happy with the court appointed attorney. But, it is unlikely that the court will appoint someone else. Unless you want…
Good news in the world of DWI’s has emerged from the 85th Texas Legislature. If certain criteria are met, now, it may be possible to file a petition for non-disclosure on DWI convictions. Texas House Bill 3016, Government Code 411.0731, defines the procedure and criteria. Section 411.0716(a) explains that this…
Many cases involving child abuse have expert witnesses involved. Child abuse and sexual assault cases have medical experts, therapists, or counselors who are called to testify. However, Texas law limits the ability of experts to tell a judge or jury that a child is honest. Texas law prohibits an expert…
You can be convicted of improper photography in Texas, without any photographs. Everyone has a camera these days. Even crappy cell phones usually have an 8-megapixel HDR camera on board. Your Instagram feed is full of strange photographs, and some stuff you’d rather not see. But in Texas, some photographs…
For some of us, when we hear of a person making terroristic threats we think of a person causing trouble for political or religious reasons. But, according to the Texas Penal Code, just the mere threat of violence to a person or a person’s property is enough and the purpose…
Many defendants face multiple cases out of a single arrest. For example, we see a lot of DWI cases where the defendant will also have marijuana possession or UCW (carrying a gun while DWI). Or a felony drug cases that also has a misdemeanor drug case out of the same…