Recent Blog Posts
How Bleeding On A Police Officer Could Land You In Prison For 10 Years
You probably know that it is a crime to resist arrest. Indeed, it is normally a Class A misdemeanor under the Texas Penal Code. But in some cases it can also be prosecuted as a felony. For example, if a person uses a “deadly weapon” to resist arrest–e.g., they point a gun at a… Read More »
How Does “Deferred Adjudication” Work In A Texas Criminal Case?
In some criminal cases, prosecutors will agree to what is known as a deferred adjudication. This basically means that the defendant agrees to plead guilty (or “no contest”) the alleged crime, but the judge does not immediately enter a judgment of guilt. Instead, the defendant must serve a term of probation–which is called community… Read More »
What Is “Judicial Clemency”?
In some criminal cases where a defendant is convicted but the sentence was limited to community supervision–i.e., probation without any jail time–it is possible to seek a form of relief known as judicial clemency. This basically refers to the trial judge’s authority to set aside a conviction after a defendant successfully completes their probation…. Read More »
Is It Actually A Crime To Evade A Police Officer?
When questioned or detained by a police officer, your best option is usually to say as little as possible while still complying with the officer’s instructions. One thing you should never do is run away. Indeed, the mere act of “evading arrest or detention” is itself a criminal offense. In some cases, you might… Read More »
Why The Location Of A Drug Crime Is Often A Critical Detail
Sometimes where an alleged crime takes place is just as important as the crime itself. There are many criminal statutes that provide enhanced penalties based on location–or, more precisely, the proximity of a crime to a specific type of building or facility. For example, a person convicted of possessing a controlled substance (illegal drugs)… Read More »
When Is “Self-Defense” A Valid Defense To Murder?
There is often some confusion surrounding the law of self-defense in Texas, particularly with respect to the “Stand Your Ground” rule. Basically, if you have a reasonable belief that you are in danger, you may lawfully use force to defend yourself from an attacker. In certain cases, you can even use deadly force to… Read More »
When Can A Juvenile Be Sent To Adult Court In Texas?
In Texas, a “juvenile offender” is a person between the ages of 10 and 17 who have engaged in conduct that would be considered a criminal offense for an adult. Juveniles are tried in a separate court system where procedures tend to be less formal while still respecting the constitutional rights of the accused…. Read More »
Can A Person’s Arm Be Considered A “Deadly Weapon” In An Aggravated Robbery Case?
Under Texas law, robbery occurs when someone commits theft, and in doing so “intentionally, knowingly, or recklessly causes bodily injury to another,” or places someone in imminent fear of injury or death. Robbery is normally considered a second-degree felony. However, if the defendant “uses or exhibits a deadly weapon” to commit the robbery, then… Read More »
Can You Waive Your Right To A Jury Trial?
Everyone charged with a crime has the right to a trial by jury. This right is considered absolute under the Constitution. In other words, neither the judge nor the prosecutor can unilaterally take away your right to have your case heard by a jury. Of course, you can waive that right and elect to… Read More »
Court Of Criminal Appeals Tosses Drug Conviction Due To State’s Botching Of The Evidence
Texas has very complex drug laws. Basically, state law divides all controlled substances into different penalty groups. Penalty Group 1 is the most serious group and results in longer sentences than substances in the lower groups. On top of that, a given substance may fall within a different penalty group based on its use… Read More »