Criminal Defense Blog

Things Cops Do That Are Illegal: What a Police Officer Can and Cannot Do

The law applies to everyone, including police officers. Law enforcement officials must follow the same laws that everyone else follows. That includes when they are on duty and off duty. If a police officer commits an illegal act, the police officer can be arrested and prosecuted. If the illegal act involves a suspect, any evidence… read more

What if I Don’t Show Up for Jury Duty?

The Texas Constitution and the United States Constitution guarantee the right to a jury trial. Our right to have a jury of our peers determine our guilt or innocence is a fundamental part of our criminal justice system. However, it relies on citizens performing their service as jurors. Individuals in Texas chosen for jury service… read more

5 Common Legal Defenses to Child Pornography Charges

Possession of child pornography is one of the most serious sex crime charges in Texas and in other states across the country. Not only are state penalties punishable by long prison sentences, costly fines, and sex offender registration, but child pornography can also lead to federal charges.  If you or a loved one has been accused of possession of child… read more

Can I ‘Sleep It Off’ in My Car to Avoid a Texas DWI?

Imagine that it is the last call at the bar, but you’re too drunk to drive home. You think about calling an Uber or Lyft, but you don’t want to leave your car parked on the street overnight in fear of getting a ticket or getting your vehicle broken into.  So, you decide to take a nap… read more

Miranda Rights: Is it the Same As We See on TV

The most common misconception is that the police must read you your Miranda rights when you are arrested; this is incorrect. Miranda warning is used for the purpose of being interrogated. If the police start questioning you but have not read the Miranda warning, they cannot use anything you say as direct evidence against you… read more

I Completed Deferred Adjudication – Now What?

Non-Disclosure Order Once a person completes deferred adjudication probation they get one step closer to potentially non-disclosing their record. A non-disclosure order will prohibit public entities from disclosing certain criminal records. While a non-disclosure order will not completely remove the charge and arrest from your record, it is still a useful tool in sealing a… read more

Driving Under the Influence – Impact for Students

Drinking and Driving Under 21 Underage drinking by high school or college students isn’t anything new to local enforcement. With a seemingly endless flow of alcohol and classmates readily hosting parties, many young adults make poor decisions that can influence their futures. Regardless of BAC level, any alcohol consumption by an individual under 21 years… read more

Should I Represent Myself?

What is the Sixth Amendment? The sixth amendment of the United States Constitution guarantees every criminal defendant the right to an attorney and controls the right for one to represent themselves. Before you make the decision of self-representation you should be fully aware of what this entails. Representing Yourself  In order to represent yourself, referred… read more

When do you Need to get an Interlock Device Installed on your Vehicle?

When someone is arrested for the offense of Driving While Intoxicated in the State of Texas, they are often required to have an interlock device installed on their vehicle as a condition of bond. Because this condition is not always imposed, it is important to know what events trigger this requirement. What is an Interlock… read more

Driving While Intoxicated… Without Alcohol?

One common misconception is that Driving While Intoxicated, or DWI, is always related to alcohol. We all know 0.08 BAC is the legal limit, but if you have lost the use of mental or physical faculties from any substance, you may be charged with DWI. What Signs do Officers Look for in a DWI Stop?… read more