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Monthly Archives: July 2021

SelfDef2

When Is The Use Of Force Justified In Self-Defense?

By Keith B. French Law |

Not every use of force–including deadly force–is against the law. Texas recognizes “self-defense” as a valid defense to criminal charges. Self-defense in this context refers to a scenario where a person “reasonably believes the force is immediately necessary to protect the actor against the other’s use or attempted use of unlawful force.” There is… Read More »

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CrimDef6

How A “Dating Relationship” Can Elevate Misdemeanor Assault To A Felony

By Keith B. French Law |

In Texas, assault is ordinarily a Class A misdemeanor. But prosecutors can bump the charge to a third-degree felony if the assault is an act of family violence (i.e., domestic violence). The felony charge requires prosecutors to establish two things beyond a reasonable doubt: The defendant committed the assault in question against a member… Read More »

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PoliceArrest

Do Police Have To Advise You Of Your Rights Before Making An Arrest?

By Keith B. French Law |

During a custodial interrogation, the police are required to advise you of your rights–i.e., to remain silent and speak with an attorney–before questioning you. Any statements made prior to such warning are inadmissible in any criminal trial. That said, a court can admit statements that were made while you were only temporarily detained by… Read More »

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Jail3

Texas Court Sentences Man To 20 Years In Prison For Fraud Scheme

By Keith B. French Law |

White-collar crimes like fraud may not seem as serious as violent crimes such as murder or armed robbery. But depending on the nature–and dollar amount–of the fraud, a person can face serious felony charges, and potentially decades in prison if convicted. This is especially true when prosecutors can prove the fraud was part of… Read More »

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Arrested6

Do Police Have To Give A Miranda Warning When Public Safety Is In Jeopardy?

By Keith B. French Law |

In general, the police must give you a Miranda warning–i.e., you have the right to remain silent and speak with an attorney–before questioning you. Any custodial statements made prior to giving the warning are typically inadmissible in court. But the U.S. Supreme Court has recognized a “public safety” exception to this general rule. Basically,… Read More »

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GavelCuffs2

Can Police Search Your Hotel Room After You Have Been Asked To Leave?

By Keith B. French Law |

The police typically need a warrant before searching your home or property. This principle extends to any other area where you have a “reasonable expectation of privacy.” For example, if you rent a hotel room, the police would normally need a warrant to enter and search it. Even if the hotel management consented to… Read More »

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