April 10, 2014 by David Nachtigall An expunction of criminal records permits you, with some exceptions, to legally “lie” about whether you were ever arrested for or charged with a crime. With limited exceptions, the records are destroyed and inaccessible even to law enforcement. I’ve come across people who were charged and pled guilty to…

May 1, 2014 by David Nachtigall A petition for nondisclosure is a procedural mechanism for having a criminal record sealed in Texas. Petitions for nondisclosure are applicable only in cases in which a person was placed on deferred adjudication and successfully completed the period of community supervision. Petitions for nondisclosure are filed in the court…

Deferred adjudication is a form of community supervision (like probation) that a judge may impose after a plea of guilty or no contest.  A person who is placed on deferred adjudication is generally subject to terms and conditions including monthly reporting to a probation officer, random drug testing, and community service.  Terms of deferred adjudication…

There are two general categories of crimes in the Texas legal system – misdemeanors and felonies.  Whether a crime is misdemeanor or felony depends upon the offense conduct.  The primary differences between a felony and a misdemeanor are the range of punishment, the consequences of conviction, and the ability to have the charge cleared or…

In Texas, prosecutors are granted wide discretion to make plea bargains in cases.  This includes offering a sentence in the range of punishment, reducing a charge, or dismissing a case in exchange for certain action on the defendant’s behalf.  If a person wishes to plead guilty and does not want to risk allowing a judge…

There are two major criminal justice systems in the United States that can lead to a person being imprisoned – the state criminal justice system and the federal system.  Being charged with a state crime in Texas means that a defendant will most likely be prosecuted for a violation of the Texas Penal Code.  In…

Individuals charged with federal crimes are entitled to a hearing to determine whether they will be detained or afforded bail while awaiting trial in a federal criminal case.  The four possibilities with respect to release for those charged with federal crimes are that the person is: 1. released on personal recognizance or upon execution of an unsecured…

Whether to have a trial on a criminal case depends on many factors.  The determination can only be made after a thorough examination of all of the facts and circumstances of a particular case.   However, there are certain considerations in every case that must be taken into account when deciding whether to take a case…

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 the Texas Code of Criminal Procedure. If the defendant is not in custody at the time he or she makes the statement, the statement may be admissible during trial as an admission of a party opponent under Texas Rule of Evidence 801(d)(2). When is a person “in custody”? Whether a person is in custody for the purposes of Miranda or Article 38.22 depends upon a number of factors. Miranda defined “custodial interrogation” as “questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his freedom of action in any significant way.” A suspect will generally not be considered in custody if he or she voluntarily goes to the police station to answer questions. In California v. Beheler, the US Supreme Court more narrowly defined custody as “whether there [was] a formal arrest or restraint on freedom of movement of the degree associated with a formal arrest.” Courts may ultimately consider a number of factors in determining whether someone is in custody including: (1) the location of the encounter and whether it was familiar to the suspect, or at least neutral or public; (2) the number of officers questioning the suspect; (3) the degree of physical restraint used to detain the suspect; (4) the duration and character of the interrogation; (5) the language used to summon the suspect; (6) the extent to which the suspect is confronted with evidence of guilt; and (7) whether the suspect initiated contact with the police

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…

Page 2 of 4 1 2 3 4
© 2021 David A. Nachtigall, Attorney at Law, PLLC