A bail bond is essentially something offered by a defendant to ensure that he or she appears in court while a case is pending. In Texas, there are several types of bail bonds. The general idea behind a bond is that if someone has something to lose by not appearing in court (aside from being…
Attending a criminal court proceeding can be daunting for those unfamiliar with the system. While procedures in state court vary from county to county, there are certain universal procedures in all courtrooms and some required by Texas law. Knowledge of some basic courtroom procedures may help alleviate some of the apprehension associated with attending criminal…
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…
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…
Search Incident to Arrest A person and certain property of a person who is arrested may be searched if that person is lawfully arrested. The search may be conducted before, during, or after the arrest, and includes items within a person’s “wingspan”. See Chimel v. California, 395 U.S. 752; (1969); New York v. Belton, 453 U.S. 454…
Exigent Circumstances The exigent circumstances doctrine is most commonly used to justify warrantless entries into homes. Courts are more willing to scrutinize the justification for a warrantless entry into the home because of the degree of the invasion of privacy. A search based upon exigent circumstances requires both probable and an emergency including: hot pursuit;…
A petition for nondisclosure is the procedure through which a person can have certain aspects of his or her criminal record shielded from public view. As of September 15, 2015, the law related to petitions for nondisclosure in Texas has changed. Importantly, the changes do not apply to offenses that occurred before September 15, 2015. Filing Fee…
Part I of this post discussed the new automatic nondisclosure of certain misdemeanors. Another significant change in Texas nondisclosure law is eligibility for nondisclosure of probation in some instances. Nondisclosure of Probation in Texas In the past, only successfully completed terms of deferred adjudication were eligible for nondisclosure. Under the new law, probation (which is…