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Monthly Archives: October 2021

Gavel

Can You Waive Your Right To A Jury Trial?

By Keith B. French Law |

Everyone charged with a crime has the right to a trial by jury. This right is considered absolute under the Constitution. In other words, neither the judge nor the prosecutor can unilaterally take away your right to have your case heard by a jury. Of course, you can waive that right and elect to… Read More »

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Crime3

Court Of Criminal Appeals Tosses Drug Conviction Due To State’s Botching Of The Evidence

By Keith B. French Law |

Texas has very complex drug laws. Basically, state law divides all controlled substances into different penalty groups. Penalty Group 1 is the most serious group and results in longer sentences than substances in the lower groups. On top of that, a given substance may fall within a different penalty group based on its use… Read More »

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SelfDef3

When Is Deadly Force Justified As An Act Of Self-Defense?

By Keith B. French Law |

There are situations where an otherwise unlawful act, such as killing someone, may be legally justified. In Texas, a person may use force–even deadly force–when acting in self-defense. To be more precise, the Texas Penal Code recognizes a self-defense justification to a murder charge when the defendant “reasonably believed” their actions were “immediately necessary”… Read More »

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LadyJustice

Is Threatening Someone With A Knife A Felony?

By Keith B. French Law |

Criminal assault does not necessarily mean making physical contact with a victim. Indeed, the definition of assault under the Texas Penal Code includes “intentionally or knowingly threaten[ing] another with imminent bodily injury.” So merely threatening to strike someone in the face is assault even if no punch is ever thrown or makes contact. To… Read More »

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CrimRecord2

When Are The Conditions For Erasing An Arrest From My Criminal Record?

By Keith B. French Law |

A criminal arrest can follow you around for many years, even if you were never ultimately tried or convicted of the original charge. Texas law does make it possible to seek an expunction of a criminal arrest. This effectively wipes the arrest off of your record and permits you to deny the arrest ever… Read More »

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CrimDef10

How The “Plain View Doctrine” Helps Police In Drug Cases

By Keith B. French Law |

A police officer does not always need a search warrant to look for and seize evidence of a possible crime. Under a judicial rule known as the “plain view doctrine,” an officer who is lawfully present at a location may seize an item that is in plain view–i.e., it is not hidden or concealed–and… Read More »

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