Is “Factual Impossibility” A Valid Criminal Defense In Texas?
If someone attempts to commit a crime, but it turns out to be “factually impossible” for that attempt to succeed,...
Read MoreWhat Happens When Someone Is Sentenced To Both Federal And State Prison At The Same Time?
The criminal justice system in the United States is based on the principle of “dual sovereignty.” This means that both...
Read MoreProving Every Element Of A Criminal Case “Beyond A Reasonable Doubt”
The burden of proof in any criminal prosecution is “beyond a reasonable doubt.” This means the state must prove the...
Read MoreCan You “Point the Finger” At Someone Else In A Criminal Trial?
Television courtroom dramas often portray cases where the defendant tries to “point the finger” at someone else whom they believe...
Read MoreHow Do Texas “Open Container” Laws Work?
Perhaps one of the most misunderstood areas of Texas criminal law is the prohibition on “open containers” of alcohol in...
Read MoreWhat Is Embezzlement Under Texas Law?
The word embezzlement broadly refers to a situation where a person wrongfully withholds assets from their rightful owner and converts...
Read MoreCan A Judge “Infer” Evidence Was False Based On A State Actor’s History Of Misconduct?
There was a major scandal in the Texas criminal justice system back in 2012, when it was discovered that a...
Read MoreCan The State Appeal An Order Dismissing Your Criminal Case?
If you are tried on a criminal charge and acquitted–i.e., the jury finds you not guilty–the state cannot appeal that...
Read MoreIs An Extrajudicial Confession Enough To Convict Someone Of A Crime?
There is a legal principle in Texas known as corpus delicti. It basically means that means an “extrajudicial confession,” in...
Read MoreHow Police Use Traffic Stops As A Pretext To Gather Evidence Of Other Possible Crimes
Traffic stops are often a pretext used by police because they suspect the driver may be guilty of a more...
Read More