Recent Blog Posts
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, is the person still guilty of a crime? The short answer is “yes.” In Texas there is what is known as a criminal attempt. This is essentially defined as when someone has “specific intent… Read More »
What 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 the federal and the state governments have their own distinct, sovereign power to define and punish criminal behavior. It is therefore possible for someone to be tried, convicted, and sentenced separately in both state… Read More »
Proving 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 defendant’s guilt of all elements of the alleged offense beyond a reasonable doubt. It is not enough to establish a “strong suspicion” or “probability” of guilt. Texas Appeals Court Reduces Felony Conviction to Misdemeanor… Read More »
Can 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 was the “real” criminal. Is this a real legal strategy? Can you actually suggest someone else committed a crime as a defense at trial? Basically, yes. The Constitution guarantees your right to present evidence… Read More »
How 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 vehicles. Some people mistakenly believe it is okay to have an open container in their vehicle as long as they are not the driver or their car is actually running. There has also been… Read More »
What 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 them for their own personal use. In layperson’s terms, embezzlement is a type of theft, usually involving taking someone else’s money. Although embezzlement is commonly used to describe financial crimes, the word itself is… Read More »
Can 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 lab technician at the state’s Department of Public Safety had been falsifying reports in drug cases. Essentially, the lab technician had been using samples from one case to generate data in another case. This… Read More »
Can 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 decision. An acquittal is final. But there are other situations where the prosecution may appeal a ruling favorable to a criminal defendant. For example, if the trial court dismissed the indictment before trial, the… Read More »
Is 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 and of itself, is insufficient to prove the defendant’s guilt unless there is some independent evidence to corroborate that a crime actually occurred. To give a simple illustration, say a woman confesses to a… Read More »
How 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 serious offense, such as drunk driving or possession of a controlled substance. Even when the traffic stop is a pretext, however, there must still be an actual traffic violation. Put another way, if the… Read More »