Recent Blog Posts
When Is The Use Of Force Justified In Self-Defense?
Not every use of force–including deadly force–is against the law. Texas recognizes “self-defense” as a valid defense to criminal charges. Self-defense in this context refers to a scenario where a person “reasonably believes the force is immediately necessary to protect the actor against the other’s use or attempted use of unlawful force.” There is… Read More »
How A “Dating Relationship” Can Elevate Misdemeanor Assault To A Felony
In Texas, assault is ordinarily a Class A misdemeanor. But prosecutors can bump the charge to a third-degree felony if the assault is an act of family violence (i.e., domestic violence). The felony charge requires prosecutors to establish two things beyond a reasonable doubt: The defendant committed the assault in question against a member… Read More »
Do Police Have To Advise You Of Your Rights Before Making An Arrest?
During a custodial interrogation, the police are required to advise you of your rights–i.e., to remain silent and speak with an attorney–before questioning you. Any statements made prior to such warning are inadmissible in any criminal trial. That said, a court can admit statements that were made while you were only temporarily detained by… Read More »
Texas Court Sentences Man To 20 Years In Prison For Fraud Scheme
White-collar crimes like fraud may not seem as serious as violent crimes such as murder or armed robbery. But depending on the nature–and dollar amount–of the fraud, a person can face serious felony charges, and potentially decades in prison if convicted. This is especially true when prosecutors can prove the fraud was part of… Read More »
Do Police Have To Give A Miranda Warning When Public Safety Is In Jeopardy?
In general, the police must give you a Miranda warning–i.e., you have the right to remain silent and speak with an attorney–before questioning you. Any custodial statements made prior to giving the warning are typically inadmissible in court. But the U.S. Supreme Court has recognized a “public safety” exception to this general rule. Basically,… Read More »
Can Police Search Your Hotel Room After You Have Been Asked To Leave?
The police typically need a warrant before searching your home or property. This principle extends to any other area where you have a “reasonable expectation of privacy.” For example, if you rent a hotel room, the police would normally need a warrant to enter and search it. Even if the hotel management consented to… Read More »
Can A Judge Raise My Bail After I’ve Already Posted Bond?
When a person is arrested and brought before a magistrate to answer the charge, the court will typically set bail, granting the defendant’s release pending trial upon the posting of a cash bond. Texas follows a “one bond” rule, i.e., once a defendant has posted bond, the judge cannot require the posting of a… Read More »
What Happens If I Talk To The Police Before They Read Me My Rights?
There is often a misconception surrounding the familiar Miranda warning that the police must give a criminal suspect before beginning a custodial interrogation. If the police fail to give the warning, any statement made by the suspect is inadmissible in court, that much is true. But the misconception is that this also means that… Read More »
Can I Be Charged With Drug Possession Even If No Drugs Are Found On Me?
Under Texas law, a person commits a crime if they “knowingly or intentionally possess a controlled substance.” The word possession in this context means to have “actual care, custody, control or management” over the illegal drug in question. That does not necessarily mean the police have to catch you with the drugs in your… Read More »
Texas Court Of Criminal Appeals Will Consider Whether $1.5 Million Bail Is Unreasonable
The Eighth Amendment to the U.S. Constitution provides that a court may not require “excessive bail” in criminal cases. Bail is intended to ensure a defendant appears for trial and does not attempt to flee the jurisdiction. It is not supposed to serve as a form of pretrial punishment. Unfortunately, Keith B. French Law… Read More »