Our firm handles expunctions for all kinds of cases, and we spend a lot of time clearing up misconceptions about what the law is on expunctions in Texas. The number 1 misconception is that deferred adjudication probation cases can be expunged. So many lawyers were misinforming their clients about deferred…
Dallas Criminal Defense Lawyer Blog
What is Judicial Vindictiveness?
So you have a trial and you are found guilty and the judge sentences you to 45 years in jail. You file an appeal and win, and you get a new trail. However, you are found guilty again but this time the judge sentences you to 50 years in jail.…
Speedy Trial Rights in Probation Revocation Cases
It’s strange to talk about speedy “trials” in probation revocation cases, because a probation revocation hearing is nothing like a criminal jury trial. For example, in probation cases your only audience is the judge, you have no right to a jury, and the burden of proof is much lower to…
Texas Police Union Develops “Lawyer Up” App
CLEAT, the largest police union in Texas, has developed a new app to help law enforcement officers across Texas. Now what should be a standard feature in a police app? The traffic code? Yelp listings for breakfast nearby? A list of the most wanted criminals? The local unofficial ticket quota?…
No one will smoke K2 when weed is legal, until then we get stories like this…
A story in DMN highlights another problem with our State’s idiotic marijuana laws. By making a very safe product illegal, marijuana, we have led people to use more dangerous drugs, like K2 or synthetic weed. The end result… from DMN- 29 people treated at Dallas hospitals for possible synthetic marijuana overdoses…
CCA- Prosecutors can “forget” to follow Discovery Orders in Texas
Remember last week’s post about a DWI case where the State violated a discovery order and hid evidence from the defense and violated a discovery order that required them to turn over evidence in a timely manner? If you don’t, here’s my post about it. Long story short, the Dallas…
Lyft and Uber offer market solutions to our DWI problem
Lyft and Uber are disruptive technologies (apps that let you hail a ride/cab) that threaten the entrenched taxi cartels in many cities, including Dallas. Here is how the taxi game used to work, taxi companies lobbied local government and begged to be regulated and for “consumer protection” laws. But why…
What Happens When the State Violates a Discovery Order in a DWI case?
One reason we needed the Michael Morton Act (which improved on our State’s horrible discovery rules in criminal cases) is that the State was hiding evidence which convicted innocent people. One problem with the Michael Morton Act, and the prior discovery rules is that there is no penalty if the…
Dallas Police Sobriety Testing Training Problems- What you need to know
Here’s a story from WFAA about problems with the DPD field sobriety testing program. Apparently too many officers were failing, and it’s taken on a racial angle of sorts. Dallas police sobriety testing training practices called into question | wfaa.com Dallas – Fort Worth. Here’s what you to know. 1.…
State Jail Felony Drug Possession Cases
Have you been arrested for a State Jail felony drug possession in case in Dallas, Rockwall, or Kaufman County? Are you currently a recreational meth, coke or heroin user? Here is what you need to know.Possession of small amounts (less than one gram) of street drugs (coke, meth, heroin but…