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…
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…
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…
Part I of this post discussed the new automatic nondisclosure of certain misdemeanors. Part II of this post discussed petitions for nondisclosure of misdemeanor probation. Part III of this post discussed petitions for nondisclosure of misdemeanor convictions with jail sentences. In addition to these forms of nondisclosure, Texas law still permits courts to grant nondisclosure…
What is the Harris County District Attorney’s Office “First Chance” Marijuana Program? No doubt spurred by increasing state and national efforts toward legalization of marijuana, Harris County has implemented a policy of quasi-decriminalization of possession of small amounts of marijuana for first-time offenders. The program, termed “First Chance”, allows a person to avoid being charged…
As discussed in Part I of this post, the felony controlled substance pretrial intervention program was introduced in 2016 to provide certain offenders charged with personal use amounts of felony controlled substances who meet certain criteria the opportunity to avoid a criminal record. What are the Requirements for the Felony Controlled Substance Pretrial Intervention Program?…
The Harris County District Attorney’s Office has recently implemented new programs designed to help first time drug offenders avoid criminal records. The two pretrial Diversion / pretrial Intervention programs are available to those charged with possessing small amounts of felony controlled substances (cocaine, amphetamines, etc.) and those charged with possessing personal use amounts of marijuana…
This is part I of a IV-part series discussing various aspects of the United States Sentencing Guidelines. What are the Sentencing Guidelines? The United States Sentencing Guidelines (“Guidelines”) are a series of rules promulgated by the U.S. Sentencing Commission. At their core, they are a method of assigning points to offenses and to a defendant’s…