Pretrial Release is a key part of a successful defense. Judges carefully instruct jurors that an arrest means nothing in terms of guilt or innocence. Nevertheless, many people believe that defendants in jail must have done something wrong. But not everyone is on board with the s...
Author: JamesLondon
Common Expungement and Sealing Scenarios in Parker County
At best, a criminal conviction is a serious impediment to things like getting a job or finding a place to live. At worst, a conviction may make these things impossible. There is usually a way to mitigate these problems or make them go away entirely. Texas law on this subject is ...
First-Time DWI Penalties in Parker County
The state often sponsors billboards and other ads which claim that a first-time DWI costs $17,000. That claim is not exactly true, but it is not exactly false either. $17k is a fairly good average figure for both the direct and indirect consequences of DWIs, but it is only a very...
What is Reasonable Doubt?
The moving party almost always has the burden of proof in court. In criminal court, the moving party is the prosecutor, and the burden of proof is beyond a reasonable doubt. Unlike some other jurisdictions, the State of Texas does not legally define the phrase "reasonable doubt....
The ‘Chugging Defense’ in a Parker County DWI
It's happened more than once. After being pulled over for a DWI, the suspect tosses the keys aside and then consumes as much alcohol as possible. One of the most notable such cases came out of Florida in 2012. Police detained an allegedly drunk driver after he hit another car an...
The Entrapment Defense in Texas Drug Crimes
"I was set up" is one of the most common defenses in Texas drug crime cases. Sometimes, this defense works. Some greybeards may remember the John DeLorean cocaine case from the early 1980s. The automaker needed money to save his company, and so he tried to sell some cocaine in wh...
Criminal Protective Orders in Texas
Many states have both civil and criminal protective orders. Each one works a little differently. But the main issue is the burden of proof. In civil court, litigants need only establish facts by a preponderance of the evidence (more likely than not). But in Tarrant County, there...
Sex Offender Registration Requirements
In Texas, convicted sex offenders must register for either ten years or life. The ten-year clock does not begin ticking until after these defendants complete their sentences in full. In general, sexually violent crimes or offenses involving children usually mean lifetime registra...
Four Kinds of Theft in Texas
Perhaps more so than in other kinds of cases, the number one goal in theft matters is usually keeping the crime off the defendant's record. All kinds of theft, even Class C theft by check, is a crime of moral turpitude in Texas. Such a conviction can have serious lifelong ramific...
Why Do Criminal Cases Take So Long?
There is a saying among criminal defense attorneys that William Gladstone, who is credited with the "justice delayed is justice denied" quote, was clearly not a criminal defense lawyer in Texas. From a prosecutor's standpoint, he was right. Back in my days as an Assistant Distric...
