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

White-collar crimes, often involving financial deception or fraud, present a unique set of challenges for lawmakers and criminal attorneys alike. The evolving economy in the digital age necessitates new laws and regulations to address the evolving nature of white-collar crime. A recent judicial opinion from the Court of Criminal Appeals of Texas sheds light on the intricate nature of defending against such charges, particularly in light of the evolving legal landscape that is affected by new legislation and regulations in the white-collar field. The recently published opinion delves into the a ..read more

Facing criminal charges can be overwhelming, especially when the aftermath involves not just legal consequences but also financial burdens. Texas criminal courts are allowed to issue restitution orders to victims of criminal cases, and the payments must be made as part of a defendant’s criminal case. Criminal restitution can exist in addition to civil liability for actions related to a criminal offense. In a recent Texas case, a defendant found himself ordered to pay restitution for damages resulting from a car accident, raising questions about the fairness of such rulings. This blog post delv ..read more

Texas criminal law has developed in a way that seek clarity and justice in protecting the rights of victims of sexual assault. Those accused of sexual assault may also face a stigma because of the type of allegations, and sexual assault cases often come down to he-said-she-said credibility issues that make it essential for jurors to both understand the law of consent and accurately evaluate the credibility of witnesses. A recent judicial opinion from Texas demonstrates the challenges faced by both the prosecution and defense in navigating the legal intricacies surrounding witness testimony and ..read more

In a November 2023 case before an appeals court in Texas, the defendant asked for a review of the trial court’s decision to deny his motion to suppress evidence. Reviewing the defendant’s appeal, the higher court ultimately disagreed with his argument and affirmed the original verdict. The court’s opinion highlights the difficulty of suppressing incriminating evidence when a defendant commits multiple offenses in a row, serving as a reminder for Texans of just how difficult it can be to successfully suppress evidence in criminal cases. Facts of the Case According to the opinion, officers on pa ..read more

In a November 2023 case before an appeals court in Texas, the defendant asked for a review of the trial court’s decision to deny his motion to suppress evidence. Reviewing the defendant’s appeal, the higher court ultimately disagreed with his argument and affirmed the original verdict. The court’s opinion highlights the difficulty of suppressing incriminating evidence when a defendant commits multiple offenses in a row, serving as a reminder for Texans of just how difficult it can be to successfully suppress evidence in criminal cases. Facts of the Case According to the opinion, officers on pa ..read more

For some criminal prosecutions, the government will go to great lengths to influence a jury to convict a defendant. Prosecutors will often retain and call expert witnesses to testify in support of a guilty verdict. Expert testimony is not always permitted, though when experts are allowed to testify on the state’s behalf, their testimony can significantly harm a defendant’s defense. The Texas Court of Criminal Appeals recently released a decision that sheds light on their qualifications and the admissibility of their testimony. According to the facts discussed in the appellate opinion, the defe ..read more

In a recent criminal case before a district court in Texas, the defendant asked the court to find that the trial judge had been biased against him when deciding to sentence him to 50 years in prison. According to the defendant, the judge decided on 50 years arbitrarily, and the higher court should reverse that decision. Looking at the record, however, the district court disagreed with the defendant and ended up affirming the lower court’s sentence. This case serves as an example of how difficult it can be to establish bias-related claims on appeal, which is why it is essential for criminal def ..read more

In a recent case before a Texas court, the defendant appealed a jury’s unanimous decision that he was the shooter responsible for a 2020 drive-by shooting. According to the defendant, the evidence was legally insufficient to result in his guilty conviction. On appeal, the higher court considered the defendant’s argument but ultimately disagreed, affirming the original conviction and sentence. The case serves as a good example of one of the most common–but challenging–defenses in all of criminal law: insufficiency of the evidence. Facts of the Case The defendant’s case revolved around an August ..read more

Driving under the influence (DUI) is a criminal offense that one should never take lightly. Collin County is known for its zero-tolerance approach to DUI, which means that even a single drink can lead to an arrest. If you or a loved one has been charged with DUI in Collin County, it is fundamental to know the laws, penalties, and consequences. Additionally, building a strong DUI defense strategy and working with an experienced Collin County DUI attorney can significantly increase your chances of securing a favorable outcome. Understanding Collin County DUI Laws Before we delve deeper into how ..read more