Criminal Miscellaneous

/Tag:Criminal Miscellaneous

The Motion to Revoke Probation

Probation can be a welcomed second chance for good folks running afoul of the law in Brazos County. A person on probation (or deferred adjudication) in Bryan-College Station can expect to attend monthly meetings with an adult supervision probation officer (APO), attend education classes for offenses involving drugs and alcohol, perform community service, and pay [...]

By | January 8th, 2013|Probation Issues|Comments Off on The Motion to Revoke Probation

Corroboration Required In Accomplice, Snitch, and Informant Cases

The Texas Legislature had the good sense to require corroboration of certain prosecution witnesses before a jury could legally convict someone for a crime. For years the accomplice witness rule prevented the government from convicting someone based solely upon the testimony of an accomplice. That is, someone who was involved in the crime, got caught, [...]

By | January 8th, 2013|Criminal Law Developments|Comments Off on Corroboration Required In Accomplice, Snitch, and Informant Cases

Head Trauma Research

Several years ago I tried a felony assault case to a jury in Brazos County where my client allegedly caused a teacher serious bodily injury during a struggle in the College Station school system. The teacher was, in fact, injured by my client's behavior. But the jury also learned he suffered from several physiological problems [...]

By | January 8th, 2013|Criminal Miscellaneous|Comments Off on Head Trauma Research

Recipe for a Hung Jury

Empowering jurors is key to success in trial work. The real art of empowering jurors probably developed in death penalty defense work where jurors were trained to hold to their "life" vote at punishment, resulting in a hung jury. A capital jury hung on punishment would then result in an automatic life sentence. However, jurors [...]

By | January 8th, 2013|Courtroom Trial Practice|Comments Off on Recipe for a Hung Jury

The Plea Bargain

Clients often ask whether they should plea bargain their case. Since so many prospective clients ask about the process I thought I'd post some answers to commonly asked questions regarding plea bargaining in Bryan|College Station criminal courts and the role of the criminal defense attorney.     In a plea bargain the accused person agrees [...]

By | January 7th, 2013|Criminal Miscellaneous|Comments Off on The Plea Bargain

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

The Criminal Defense Lawyer

There is but one duty and one loyalty in the practice of criminal law. That is to defend the client with vigor and aggression - but always within the boundaries of the law. We are to push the envelope and find every advantage that is available to our clients. We have no divided loyalties - [...]

By | January 7th, 2013|Criminal Miscellaneous|Comments Off on The Criminal Defense Lawyer

Defending the Use of Experts

The prosecution often uses expert witnesses to meet their burden of proof in a criminal case. Common examples are breath test technical supervisors in a DWI prosecution; forensic chemists who analyze DNA in a sexual assault case; fingerprint examiners who might testify about the identification of latent prints in a burglary or theft case; or [...]

By | January 7th, 2013|Forensic Evidence|Comments Off on Defending the Use of Experts

Texas Criminal Appeals

Several new appeals came into the office this year. Fortunately, my clients possessed the presence of mind to call early in the Texas appeal process to preserve as many of their rights as possible. The appellate timetable is unforgiving and must be complied with strictly to preserve one's right to review. Bryan|College Station criminal defense [...]

By | January 7th, 2013|Criminal Appeals|Comments Off on Texas Criminal Appeals

Ineffective Assistance of Counsel on Appeal

Several prospective clients called recently asking how they can appeal their Brazos County criminal conviction and sentence resulting from aplea bargain or an open plea to the court (a guilty plea and waiver without a punishment recommendation from the prosecutor). "With great difficulty," I said. A plea bargain accepted by the trial judge waives most [...]

By | January 7th, 2013|Criminal Appeals|Comments Off on Ineffective Assistance of Counsel on Appeal