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Monthly Archives: June 2021

Bail

Can A Judge Raise My Bail After I’ve Already Posted Bond?

By Keith B. French Law |

When a person is arrested and brought before a magistrate to answer the charge, the court will typically set bail, granting the defendant’s release pending trial upon the posting of a cash bond. Texas follows a “one bond” rule, i.e., once a defendant has posted bond, the judge cannot require the posting of a… Read More »

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PoliceSearch

What Happens If I Talk To The Police Before They Read Me My Rights?

By Keith B. French Law |

There is often a misconception surrounding the familiar Miranda warning that the police must give a criminal suspect before beginning a custodial interrogation. If the police fail to give the warning, any statement made by the suspect is inadmissible in court, that much is true. But the misconception is that this also means that… Read More »

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CrimJustice

Can I Be Charged With Drug Possession Even If No Drugs Are Found On Me?

By Keith B. French Law |

Under Texas law, a person commits a crime if they “knowingly or intentionally possess a controlled substance.” The word possession in this context means to have “actual care, custody, control or management” over the illegal drug in question. That does not necessarily mean the police have to catch you with the drugs in your… Read More »

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Bail

Texas Court Of Criminal Appeals Will Consider Whether $1.5 Million Bail Is Unreasonable

By Keith B. French Law |

The Eighth Amendment to the U.S. Constitution provides that a court may not require “excessive bail” in criminal cases. Bail is intended to ensure a defendant appears for trial and does not attempt to flee the jurisdiction. It is not supposed to serve as a form of pretrial punishment. Unfortunately, Keith B. French Law… Read More »

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DrunkDriv

When Can The Police “Extend” A Traffic Stop Based On Suspicion Of Drunk Driving?

By Keith B. French Law |

A drunk driving arrest usually starts as a “routine” traffic stop. When a police officer observes a possible violation of Texas traffic laws, they are permitted to initiate a stop for the purpose of investigating that violation. The stop itself should not last longer than is necessary to accomplish that goal–i.e., to check the… Read More »

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Judge

What If A Judge Makes A “Mistake” In Sentencing Me?

By Keith B. French Law |

Everyone makes mistakes, including judges and prosecutors. But when it comes to something like how long a person should go to jail for committing a crime, a “mistake” can mean a defendant is forced to spend additional years in prison beyond what the law requires. Such mistakes need to be rectified promptly when they… Read More »

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