Dallas Criminal Defense Lawyer Blog

September 30, 2023

Understanding the Importance of Evidence Concealment in Texas Tampering Cases

In the world of criminal defense, every case presents its unique challenges and complexities. One such case that recently caught our attention is State v. Ransier, which involved an allegation of tampering with evidence. This blog post aims to provide an in-depth analysis of the case, highlighting the significance of evidence concealment and the implications it had on the final verdict.

The Facts of the Case

The incident took place in March 2015, when DPS Trooper David Kral noticed a parked truck by the roadside during an investigation. As he approached, he observed the defendant, who seemed to be concealing something in his hand. Upon closer examination, Trooper Kral discovered it was a syringe that the defendant was attempting to break and hide. The trooper ordered the defendant to drop the syringe, but he continued his efforts to conceal it. Subsequently, Trooper Kral intervened, leading to a physical altercation that resulted in the defendant falling to the ground, with the syringe dropping nearby.

Trial and Appeal

the defendant was charged with tampering with evidence for concealing the syringe. During the trial, the defense argued for the submission of the lesser-included offense of attempted tampering. However, the request was denied, and the defendant was ultimately convicted of tampering with evidence. On appeal, the court of appeals concluded that the lesser-included offense of attempted tampering was raised, emphasizing that the syringe was only partially concealed during the altercation. Continue reading

September 28, 2023

Failure to Object at Trial May Prevent a Successful Appeal

by Robert Guest

When standing up to a Texas criminal prosecution, it is important to be sure that every possible avenue for appeal is preserved throughout the process. A recent Texas Court of Appeals decision serves as an illuminating example of how careful consideration of the preservation of appellate issues can impact the outcome of a case. The defendant’s journey through the criminal justice system and his subsequent appeal demonstrate the importance of preserving issues for appellate review.

According to the facts discussed in the recently published judicial opinion, the defendant found himself facing serious charges of possession of a controlled substance after an encounter with police. After a jury found him guilty, the trial court sentenced him to thirty-five years in prison, The defendant appealed his conviction, asserting that the trial court erred when it denied his motion to suppress evidence.

This case highlights the importance of preserving issues for appellate review from the very outset of a trial. In his first point of error, the defendant argued that the trial court erred when it denied his motion to suppress. However, a crucial aspect of this issue was the defendant’s failure to object during the trial effectively. The opinion emphasized that the defense counsel and the prosecution had an agreement regarding the motion to suppress. They decided that the trial court would review the body-camera footage of the arresting officers before ruling on the motion. The trial court adhered to this agreement and denied the motion after reviewing the footage.

September 27, 2023

The Importance of Consulting a Criminal Defense Attorney in Rockwall, TX, Before Giving a Statement in a Criminal Investigation

by Robert Guest

When involved in a criminal investigation, it is crucial to understand that every word you say can significantly impact the outcome of your case. One common mistake individuals often make is giving a statement to law enforcement without consulting a criminal defense attorney first. In this blog post, we will discuss why it is of utmost importance to speak with a Rockwall criminal defense attorney at Guest & Gray before providing any statements during a criminal investigation.

Safeguarding Your Rights

When you find yourself under investigation, you must be aware of your constitutional rights, such as the right to remain silent and the right to legal counsel. By consulting a criminal defense attorney before speaking with law enforcement, you ensure that your rights are protected from the very beginning. Your attorney will guide you on when and how to respond to authorities while safeguarding your interests throughout the investigation.

Navigating Complex Legal Procedures

Criminal investigations involve intricate legal procedures that can be challenging to understand without proper legal knowledge. The dedicated defense attorneys at Guest & Gray are well-versed in the intricacies of the local legal system and can explain the investigation process to you. They will guide you through each step, ensuring you have a clear understanding of your rights and responsibilities, empowering you to make informed decisions.

September 22, 2023

Know Your Rights: When Can Texans Refuse a Vehicle Search?

by Robert Guest

As a driver in Forney, TX, it is essential to understand your rights and responsibilities when it comes to vehicle searches. Law enforcement officers may request to search your vehicle, but it’s crucial to know that you have the right to refuse in certain situations. As criminal defense attorneys, we believe that police officers should follow the laws when investigating crimes. However, in our experience, officers routinely dupe unsuspecting motorists into feeling as though they have no choice but to consent when they, in fact, are under no obligation to allow a search.

In this blog post, we will explore when you can refuse a vehicle search and why consulting a knowledgeable criminal defense attorney in Forney, TX, is crucial to protecting your rights.

Fourth Amendment Protection

The Fourth Amendment of the United States Constitution protects individuals from unreasonable searches and seizures. This protection extends to vehicle searches as well. Generally, law enforcement officers need either a valid search warrant or probable cause to conduct a search. Without these, you have the right to refuse a vehicle search.

September 18, 2023

Understanding Sex Offender Registration Requirements in Kaufman County, TX: Insights from a Criminal Defense Attorney

by Robert Guest

Sex offender registration is a serious legal requirement that affects individuals convicted of certain sex crimes in Kaufman County, TX. The consequences of a sex offense conviction can be far-reaching, including the requirement to register as a sex offender. As experienced Kaufman County criminal defense attorneys who regularly handle sex cases, it’s common for our clients to fear sex offender registration more than they do any potential jail time they could receive if found guilty.

In this blog post, we will delve into the sex offender registration requirements in Kaufman County and shed light on the importance of consulting a knowledgeable criminal defense attorney to navigate this complex area of law.

Sex Offender Registration Laws in Kaufman County, TX

In Kaufman County, like the rest of Texas, sex offender registration is governed by the Texas Sex Offender Registration Program (SORP). The SORP requires individuals convicted of specific sex offenses to register as sex offenders and comply with various reporting and notification requirements.

September 14, 2023

What is Considered a Felony in Texas?

by Robert Guest

All Texas crimes are either considered felonies or misdemeanors. A felony is the more serious of the two classifications, encompassing offenses that violent, involve a lot of money, or generally, more dangerous. Felonies typically involve significant harm to individuals or property and pose a higher risk to public safety. Examples of felonies include murder, rape, robbery, and drug trafficking.

Convictions for felonies in Texas can result in lengthy prison sentences, heavy fines, and long-lasting consequences that can impact an individual’s personal and professional life. At the Dallas County criminal defense law firm of Guest & Gray, we have a long history of successfully defending clients against felony charges. We take a unique, all-hands-on-deck approach to every case we handle, ensuring that we investigate all potential defenses to ensure our clients’ cases end with the best result possible.

Classification of Texas Felony Charges

Now that we have a general understanding of felonies and misdemeanors, let’s focus on how felonies are classified in Texas. The state has categorized felonies into four distinct degrees, each carrying its own set of penalties.

September 10, 2023

What Crimes Are Considered Misdemeanors in Texas?

by Robert Guest

In the state of Texas, understanding the difference between a felony and a misdemeanor is crucial when it comes to the legal system. Criminal offenses are categorized into these two broad classifications, each carrying its own set of implications and consequences. By delving into the basics of criminal offenses and exploring the classification of felonies and misdemeanors, we can gain a deeper understanding of the legal landscape. However, when it comes to defending against felony or misdemeanor charges, it is important to have an experienced criminal defense attorney by your side.

Felonies vs. Misdemeanors

Felonies are serious crimes that typically involve physical harm to individuals or property and significantly a higher risk to public safety. Examples of felonies include murder, rape, robbery, and drug trafficking.

A misdemeanor covers less serious offenses that are not as severe as felonies. Misdemeanors generally involve actions that are considered detrimental to society but do not pose as grave a threat as felony offenses. Examples of misdemeanors include petty theft, simple assault, and the possession of certain types of drugs in low quantities.

September 6, 2023

Can Children Testify in a Texas Criminal Case?

by Robert Guest

In the legal landscape of Texas, the question of whether children can testify in a criminal case is an important one. Children’s brains are still developing and they don’t always have a firm a grasp on the difference between the truth and a lie. Not only that, but some children may not understand the importance of being truthful, even if they know the difference. And, of course, there is always the very real possibility that an interested adult influences a child’s testimony. Needless to say, the ability of a child to provide testimony can significantly impact the outcome of a case, so it is crucial to understand the laws and processes involved.

Understanding the Legal Age of Testimony in Texas

When it comes to testifying in a criminal case, the age of the child plays a significant role. In Texas, there is no specific age requirement for a child to testify. Rather, the criterion for determining a child’s competency to testify is their ability to understand and answer questions truthfully.

Testifying in court can be a daunting experience for anyone, let alone a child. Therefore, the Texas legal system takes into account various factors when deciding whether a child is capable of providing reliable testimony. One such factor is the child’s intellectual capacity. The court assesses whether the child possesses the cognitive abilities necessary to comprehend and respond to questions accurately.

September 2, 2023

Understanding Drug Possession Charges in Kaufman County

by Robert Guest

If you or someone you know has been charged with drug possession in Kaufman County, it’s important to understand the gravity of the situation and seek legal representation immediately. Drug possession offenses can have severe consequences, including fines, probation, and even imprisonment.

As experienced Kaufman County criminal defense attorneys, we’ve seen too many lives upended as a result of a drug arrest. However, an arrest isn’t the same thing as a conviction. Read on to learn more about the basics of drug possession laws in Texas, the potential penalties, and how a Kaufman County criminal defense attorney at Guest & Gray can help you strategically navigate the system towards the best possible result.

Understanding Drug Possession Charges in Kaufman County

Drug possession refers to the unlawful possession of controlled substances such as marijuana, cocaine, methamphetamine, or prescription drugs without a valid prescription. Possession can be actual, where the drugs are found on your person, or constructive, where they are found in your vehicle, home, or any property under your control. Regardless of the quantity involved, drug possession is a serious offense and can result in criminal charges.

August 31, 2023

Addressing The Role of Accomplice and Expert Testimony in Texas Criminal Prosecutions

by Robert Guest

In the realm of criminal defense law, seemingly small intricacies can often mean the difference between conviction and acquittal. A recent case from Texas sheds light on the significance of corroborating testimony when evaluating evidence, exemplifying the essential role played by a skilled criminal defense attorney. This case underscores the importance of understanding how corroborative evidence is assessed under the accomplice-witness rule, as well as the admissibility of expert testimony.

The Texas Code of Criminal Procedure, Article 38.14, underscores the principle that testimony from an accomplice requires corroboration through additional evidence connecting the accused with the crime. This rule acts as a safeguard against wrongful convictions by ensuring that accusations from accomplices are supported by reliable evidence. To evaluate such a case, the court must eliminate accomplice testimony from consideration and analyze the remaining evidence to determine if it connects the accused to the crime.

In the recently decided case, the defendant was implicated in a capital murder case. The case hinged on corroborative evidence supporting the testimony of an accomplice. The court highlighted that the corroborating evidence doesn’t need to prove guilt beyond a reasonable doubt, but it must establish a connection between the defendant and the crime. As a result of the ruling, the defendant’s conviction will stand.