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;…
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…
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…
This is part II of a IV-part series discussing various aspects of the United States Sentencing Guidelines. (How Are Federal Sentencing Guidelines Calculated)? (Continued) Adjustments Once the offense level is determined based upon the offense conduct, “adjustments” may be applied pursuant to Chapter 3 of the Sentencing Guidelines. These adjustments have to do with circumstances…
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…