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Monthly Archives: September 2021

Robbery

Do Prosecutors Need An Eyewitness To Convict An Armed Robbery Suspect?

By Keith B. French Law |

Aggravated robbery is how Texas law defines the crime of committing a robbery while using or exhibiting a deadly weapon. In other words, if someone pulls a gun on a store clerk and demands the contents of the cash register, that is aggravated robbery. This is a first-degree felony in Texas. So even if… Read More »

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DefenseLaw

Can You Challenge A Photo Identification In A Criminal Case?

By Keith B. French Law |

Police often use lineups or photo arrays to help potential witnesses to a crime identify a suspect. Such pretrial identifications are generally admissible as evidence in court unless the police used a procedure that was “impermissibly suggestive” to the point where there was a “substantial likelihood of irreparable misidentification.” In other words, if the… Read More »

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CrimDefLawyer

Does Assault Require Proof Of Injury?

By Keith B. French Law |

A common misconception is that assault requires proof of a physical injury. But if you read the specific language of the Texas Penal Code, you will find that is not always the case. Assault can be defined as the intentional, knowing, or reckless causing of “bodily injury” to another person. But it also covers… Read More »

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CrimDefense

How Fabricating Evidence Can Land You In Serious Legal Jeopardy

By Keith B. French Law |

If you know that you are under investigation for a possible crime, the one thing you should never do is try and destroy or alter the evidence. Indeed, even if you are never charged with the crime under investigation, the act of tampering with–or fabricating–physical evidence is itself a criminal act under the Texas… Read More »

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DrugCrime2

What Is The “Plain View” Exception?

By Keith B. French Law |

In most situations, the police are not allowed to search your property–including your vehicle–without first obtaining your consent or a warrant. There are, however, circumstances where the courts permit warrantless searches. Or to put it another way, there are cases where evidence against you may be admissible in a criminal trial even though the… Read More »

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Arrested7

What Is “Felony Murder”?

By Keith B. French Law |

If someone asked you to define the term “murder,” you might respond that it is the “intentional killing of another human being.” And while this is one definition of murder, it is also possible to legally commit murder without forming an intent to kill. In fact, the Texas Penal Code provides three separate definitions… Read More »

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Drugs3

Does Mental Illness Render A Defendant Incompetent To Stand Trial?

By Keith B. French Law |

There is sometimes a misconception regarding a person’s “mental competency” to stand trial for a criminal offense. In Texas, the legal standard is that a person is incompetent if they lack “sufficient present ability to consult with [their] counsel with a reasonable degree of understanding, or a rational as well as factual understanding of… Read More »

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