It is not as crazy as it sounds. Defensive theories, while totally credible, can sometimes be perceived as outrageous. In some of these cases, different types of evidence is used to prove a defensive theory. But, this evidence must meet the requirements of the Federal Rules of Evidence and be relevant to…
For any officer to make a traffic stop he or she must have reasonable suspicion. But, what is reasonable suspicion? Well, based on the famous case, Terry v. Ohio, the officer must have the belief based on specific articulable facts that criminal activity is afoot. But still, what does reasonable…
It is the role of the judge to remain impartial in your criminal case. This means the judge will treat both sides equal, fair, and, just. But, depending on what stage your case is at, maybe a jury trial, bench trial, or punishment hearing, the judge may have more room…
Can a prosecutor insult a defense lawyer at trial? In the Texas 5th District Court of Appeals case, Gutierrez Jr. v. Texas, the issue known as “going over the shoulder of counsel” is argued. Surprisingly, prosecutors may sometimes throw an insult or two at the defense table. At times an…
Our firm has represented numerous clients with offenses involving weapons. The most common question we receive from the clients that we represent in these situation is “can I get my gun, knife, weapon, back?” The answer is, as always, it depends. When you can’t get your weapon back. Texas Code…
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.…
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…