Posts Categorized: Criminal

Criminal

Collins v. Virgina Limits the Fourth Amendment Automobile Exception

Collins v. Virginia In an 8-1 decision, the Supreme Court decided that the automobile exception does not allow police to enter the curtilage of home to search a parked vehicle. In Collins v. Virginia, the Supreme Court addressed a case…

Criminal

Misdemeanor DWI Enhancement for Repeat Offense: Punishment Issue

Is a Prior DWI Conviction an Element of a DWI Misdemeanor Repetition Offense or is it a Punishment Issue? The Court of Criminal Appeals has ruled that for purposes of misdemeanor DWIs, the fact that a person has been previously...

Criminal

Criminal Statute of Limitations in Texas

What is the Criminal Statute of Limitations in Texas? The statute of limitations for a criminal case refers to how long prosecutors have to bring a case against a person. The statute of limitations vary for different offenses and are...

Criminal

Supreme Court Ruling Allows States to Legalize Sports Betting

The Supreme Court struck down the Professional and Amateur Sports Protection Act (PASPA) today in Murphy v. NCAA, holding that PASPA “regulate[s] state governments’ regulation of their citizens,” which is not a power given to congress by the Constitution. As...

Criminal

101 DWI Facts – Plus 15 Actionable Tips to Avoid a DWI

Let’s face it. When it comes to DWI, there are a lot of myths, misconceptions, half-truths, and exaggerations. Because it’s such a common charge, everyone seems to have a DWI story - or knows someone who does. This has contributed...

Criminal

What is a subpoena? Can you refuse to testify if subpoenaed?

Can you refuse a grand jury subpoena? People who receive a subpoena for a criminal matter often wonder if they can ignore the subpoena or refuse to testify. Neither is advisable. Subpoenas are court orders that require a person to...

Criminal

What Diversion Programs are Available for Criminal Cases in Tarrant County?

Diversion Programs The criminal justice system, generally, has three ways to deal with crime: punish the criminal, deter future crimes, and rehabilitate the individual who committed the crime. Diversion programs focus on rehabilitating individuals. Tarrant County stands out in Texas...

Criminal

Affirmative Defenses in Texas | What is an Affirmative Defense to a Crime?

An affirmative defense allows a defendant to avoid legal responsibility for the charged offense. When a defendant uses an affirmative defense, the defendant is admitting guilt. However, the affirmative defense provides an excuse or justification for why the action transpired. An…