If you are searching for a criminal defense attorney on the Internet, chances are that you have either never hired an attorney or have only hired an attorney once or twice in the past. When you search for a criminal attorney online, you quickly find that there is a dizzying number of options. If you…
This four-part post discusses when a statement may be used against a defendant in a criminal trial in Texas. In Texas, a defendant’s statement is generally not admissible against the defendant if he or she is subjected to custodial interrogation and law enforcement has not complied with the requirements of Miranda v. Arizona and Article 38.22 of…
A person placed on community supervision is subject to certain terms and conditions ordered by the court. The two forms of community supervision in Texas are probation (often referred to as “straight probation”) and deferred adjudication. Both are similar in that they are both a period of time during which a person must follow certain…
Most criminal jury trials in Texas proceed through a standard series of events. The order of trial is governed generally by the Texas Code of Criminal Procedure though some aspects of the way a trial is conducted varies by jurisdiction and by individual or. Part two of this blog post discusses the presentation of evidence,…
Most criminal jury trials in Texas proceed through a standard series of events. The order of trial is governed generally by the Texas Code of Criminal Procedure though some aspects of the way a trial is conducted varies by jurisdiction and by individual court. Part one of this blog post discusses voir dire, arraignment, pretrial…
18 U.S. Code Sec. 924(e), more commonly known as the Armed Career Criminal Act (“ACCA”) is a federal criminal enhancement provision that institutes a mandatory 15-year minimum for individuals found guilty of certain firearms offenses under federal law. Underlying Offense The ACCA applies to individuals convicted of various federal firearms offenses. The most common underlying…
This four-part post discusses when a statement may be used against a defendant in a criminal trial in Texas. Read Part 1 here. Read Part 2 here. Read Part 3 here. If the statement is an oral statement, it must be recorded. The warnings above must be included as part of the recording. Sec. 3. (a) No oral…
This four-part post discusses when a statement may be used against a defendant in a criminal trial in Texas. Read Part 1 here. Read Part 2 here. Why does it matter whether a person is in custody? If a person is in custody in Texas, then law enforcement is required to comply with both Miranda and article…
This four-part post discusses when a statement may be used against a defendant in a criminal trial in Texas. Read Part 1 here. In Herrera v. State, 241 S.W.3d 520, 525-27 (Tex. Crim. App. 2007), the Texas Court of Criminal Appeals held the following with regard to “custody”: “When considering “custody” for Miranda purposes, we apply a “reasonable person”…
The theft of trade secrets can be punished by both the criminal and civil justice systems in Texas. Whether a criminal prosecution, civil suit, or both is appropriate depends upon the quality and quantity of the evidence, the amount of the loss, and the desires of the harmed party. Criminal Proceedings for Theft of Trade…