Police Encounters

/Police Encounters

“Who Should Polygraph Our Clients?”

For young criminal defense attorneys learning the ropes, "who should polygraph my client" is a familiar question. There are limited exceptions to this rule but, generally, defense attorneys should not permit their client to submit to a polygraph examination administered by the police. The best reason is results of the police administered polygraph, including pre- [...]

By | October 2nd, 2014|"Off The Back", Police Encounters|Comments Off on “Who Should Polygraph Our Clients?”

Actual & Apparent Authority in Consent Searches

Consent searches are the bane of the Bryan-College Station criminal defense attorney. Next to our client's confession, the biggest headache for defense lawyers is a consent search. In the same way police are trained to obtain incriminating statements before Miranda warnings become necessary, law enforcement's first-line attack in a criminal investigation is persuading suspects to [...]

By | July 23rd, 2014|Constitutional Rights, Police Encounters|Comments Off on Actual & Apparent Authority in Consent Searches

The 4-word Retort To Assure Your Client Remains Silent

I've received some law book publisher flyers lately selling their wares about how criminal defense attorneys can teach their clients to respond to police questioning and remain silent. One publication purported to address the right to silence issue presented in Salinas v. Texas, 133 S.Ct. 2174 (2013). If you recall, Mr. Salinas was a suspect in [...]

By | April 24th, 2014|Constitutional Rights, Police Encounters|Comments Off on The 4-word Retort To Assure Your Client Remains Silent

Caught Drinking Under-Aged . . Should You Talk to Police? The Easiest Trouble a College Kid Can Avoid.

College Station is a big university town. Each fall the population swells by 50,000 as Texas A&M Aggies flood the streets, restaurants, and apartment complexes. Of course, local drinking establishments top this list. And it's a bonanza for local law enforcement and it's only a matter of time before horrified parents from Houston, Dallas, or [...]

By | August 21st, 2013|Police Encounters|Comments Off on Caught Drinking Under-Aged . . Should You Talk to Police? The Easiest Trouble a College Kid Can Avoid.

Tips For Face-to-Face Contact With Police

Effective police work is necessary for an orderly and safe society. But when you are the target of an investigation it's important to understand your personal rights and responsibilities.    The law does not require you to incriminate yourself, nor does it require you to help the police perform their job more effectively. If questioned by [...]

By | August 7th, 2013|Constitutional Rights, Police Encounters|2 Comments

Police Line-Ups Unreliable

Many wrongful convictions are due to mistakes made during police lineups. In these lineups, investigators present a witness with either a group of possible suspects or a series of photos and ask them to identify the perpetrator. These results are often used as evidence in court and sometimes help put guilty people in jail. Unfortunately, [...]

By | January 8th, 2013|Police Encounters|Comments Off on Police Line-Ups Unreliable

Possession Issues in Drug and Marijuana Cases

Criminal defense lawyers regularly deal with possession issues in their law practices. The most common charges brought against folks in Bryan-College Station involve marijuana, controlled substances (including dangerous drugs), alcohol, and weapon charges. Certainly, possession of illicit pornography and stolen property could be included in this list of potential offenses. The question I most often [...]

By | January 8th, 2013|Police Encounters|Comments Off on Possession Issues in Drug and Marijuana Cases

The Client and the Polygraph

Let me preface my comments by saying any Bryan-College Station criminal defense lawyer who permits their client to take a polygraph examination administered by the prosecutor's expert is bordering on malpractice. The only polygraph a client should take is one administered by a polygraph examiner hired by the criminal defense team. This makes the examiner [...]

By | January 7th, 2013|Personal Thoughts, Police Encounters|Comments Off on The Client and the Polygraph