Child pornography laws are designed to protect children from exploitation and abuse, reflecting society’s strong desire to shield the most vulnerable. Texas prosecutors are particularly stringent in enforcing these laws, often seeking the harshest penalties for those accused of such crimes. This approach aligns with the public’s desire for stringent measures against individuals who pose ..read more

In Texas, DUI enforcement is taken very seriously due to the high number of accidents and fatalities related to intoxicated driving. However, despite rigorous enforcement, only a fraction of actual DUI offenses are stopped and charged. To address this, Texas law enforcement officers are often vigilant in looking for any signs of potential DUI violations ..read more

In the American legal system, one of the fundamental rights guaranteed to anyone accused of a crime is the right to confront the witnesses against them. This right is enshrined in the Confrontation Clause of the Sixth Amendment to the U.S. Constitution, which ensures that in criminal prosecutions, defendants can face their accusers in a ..read more

In Texas, many criminal prosecutions are resolved through deferred adjudication agreements. These agreements can be highly beneficial for defendants as they place a formal judgment on hold, allowing the defendant to fulfill certain obligations. Once these are met, the charges may be dismissed or significantly reduced. This approach helps many avoid jail time and a ..read more

One of the most common general philosophical discussions concerning law and crime in Texas involves what is known as the “necessity defense.” The necessity defense allows for certain criminal conduct to be excused when the conduct was necessary to prevent a greater harm. Self-defense is a type of necessity defense, as is the violation of traffic laws in order to prevent a serious accident. The Texas Court of Appeals recently evaluated a DUI defendant’s claim that she was behind the wheel of a car while intoxicated because it was necessary to safely get the car off the road after the driver had ..read more

With the passing of the COVID-19 pandemic in 2020, the legal landscape in Texas has undergone significant transformations. Notably, there has been a marked increase in remote court hearings and adjudications, a trend that persists even as the threat of illness has diminished. The increase in the number and scope of remote proceedings has sparked additional constitutional inquiries, particularly regarding the rights of Texas criminal defendants participating in hearings from a distance. A recent ruling by the Texas Court of Criminal Appeals highlighted one such instance where a defendant’s fede ..read more

Criminal defendants in Texas with prior criminal convictions can be disadvantaged at nearly all stages of the Texas prosecution. Law enforcement officers who notice that an individual has a lengthy criminal record may have a bias against them and seek them out for arrest. Many Texas crimes can be charged at a higher level if an individual has prior convictions. During a trial, the judge or jury may be able to consider prior crimes or convictions in determining a defendant’s guilt, and at sentencing, prior convictions can be used to increase the punishment for a crime. The Texas Court of Crimin ..read more

Texas prosecutors often rely on the testimony of alleged victims or eyewitnesses to obtain convictions for violent crimes. It is important to remember that witnesses are only human, and sometimes they will testify in a manner that the prosecution did not expect. Such surprise testimony may put the defense at a serious disadvantage by not allowing them to properly prepare in anticipation of such testimony. In some circumstances, the introduction of surprise testimony to the jury can be grounds for a mistrial, which could ultimately prevent a defendant from being convicted. The Texas Court of Ap ..read more

A recent criminal case before a district court in Texas highlights the importance of specific and credible testimony during trial. At issue in this appeal was the defendant’s conviction for aggravated assault by threat. On appeal, the defendant argued there was insufficient evidence to prove he threatened one of the complainants in the case. Upon reviewing the trial record, the higher court reviewed the defendant’s argument but ultimately disagreed, affirming the appeal. Background of the Case According to the opinion, the incident at issue involved two men fighting for space in a lane while d ..read more

Prosecutors in Texas have the incentive to pursue the most serious charges and convictions that they can justify, as their reputations may depend on the number of serious crimes that they have prosecuted. Because of this, prosecutors are often known to overcharge defendants; pursuing charges for crimes that a defendant could not reasonably have committed. Prosecutors sometimes take advantage of ambiguously worded legal statutes to pursue serious felony charges against defendants for which they may not be applicable. The Court of Criminal Appeals of Texas recently issued an opinion reversing a ..read more