Recent Blog Posts
When Does The State Need To Disclose The Identity Of A Confidential Informant In A Criminal Case?
Police often rely on “confidential informants” to help them gather evidence of potential criminal activity or to identify suspects. In general, Texas prosecutors do not have to disclose a confidential informant’s identity to a defendant. This is considered privileged information. There is an exception to the privilege, however, if the trial judge determines “a… Read More »
Can My Jailhouse Phone Conversations Be Used Against Me At Trial?
Anytime you are in jail, even if it is simply awaiting trial, you need to be mindful of the fact that your conversations with other people may be recorded and potentially used against you at trial. Unless a conversation enjoys a specific legal protection–such as the attorney-client privilege–there is no general expectation of privacy… Read More »
What Is The Penalty For Driving With An Invalid Driver’s License In Texas?
It should come as no surprise that it is against the law in Texas to drive a motor vehicle on a public street with a suspended or invalid driver’s license. If you are caught driving with an invalid license, you can be charged with a Class C misdemeanor for a first offense. This is… Read More »
What Is Considered A “Dating Relationship” Under Texas Domestic Violence Laws?
The severity of a criminal assault charge in Texas will depend on a number of factors. For example, if the defendant has a prior conviction for certain offenses, and the alleged victim was a family member or in a “dating relationship” with the defendant, prosecutors may charge what would otherwise be a Class A… Read More »
Can I Be Charged With A Gun-Related Crime Even If I Legally Owned The Gun?
Texas may have some of the most permissive gun laws in the country. But even if you possess a firearm legally, you could still be charged with a crime if that weapon is used in connection with other illegal activity. For example, federal law makes it a crime to use a firearm, legally owned… Read More »
Can A Juvenile Be Charged With Felony Murder?
Although the Texas juvenile justice system is designed to focus on the rehabilitation of youthful offenders rather than punishment, that does not stop prosecutors from “throwing the book” at a teenager accused of engaging in criminal activity that has harmed other people. Even in cases where there may have been no intent to injure–or… Read More »
Can I Be Retried If The Judge Declares A Mistrial?
One of the most basic constitutional protections for defendants in criminal cases is the prohibition of “double jeopardy.” The Fifth Amendment to the United States Constitution provides that no person “be subject for the same offence to be twice put in jeopardy of life or limb.” In practical terms, this means that once a… Read More »
What Are The Penalties For “Bail Jumping” In Texas?
Bail refers to the conditions of releasing a person charged with a crime pending trial. In some cases, a defendant is “released on recognizance,” meaning they simply give their promise to appear in court later. Other times, the judge may require the defendant pay a specified amount of cash as a condition of bail…. Read More »
Can Judges “Stack” Sentences For Multiple Crimes Tried Together?
It is fairly common for prosecutors to charge a defendant with multiple criminal offenses arising from the same act or “episode.” Under Texas law, when the defendant is tried and convicted of multiple offenses in a single trial, the sentences must normally run concurrently. This rule also applied to situations where the defendant was… Read More »
How Your Car Can Be Considered A “Deadly Weapon” Under Texas Criminal Law
Criminal assault covers a much broader range of conduct than most people realize. Sure, if you walk up to someone and punch them in the face, that is clearly assault. But assault does not require that you make physical contact with the victim. Instead, Texas law defines the crime as including “intentionally or knowingly”… Read More »