Monthly Archives: February 2022
Can A Judge “Infer” Evidence Was False Based On A State Actor’s History Of Misconduct?
There was a major scandal in the Texas criminal justice system back in 2012, when it was discovered that a lab technician at the state’s Department of Public Safety had been falsifying reports in drug cases. Essentially, the lab technician had been using samples from one case to generate data in another case. This… Read More »
Can The State Appeal An Order Dismissing Your Criminal Case?
If you are tried on a criminal charge and acquitted–i.e., the jury finds you not guilty–the state cannot appeal that decision. An acquittal is final. But there are other situations where the prosecution may appeal a ruling favorable to a criminal defendant. For example, if the trial court dismissed the indictment before trial, the… Read More »
Is An Extrajudicial Confession Enough To Convict Someone Of A Crime?
There is a legal principle in Texas known as corpus delicti. It basically means that means an “extrajudicial confession,” in and of itself, is insufficient to prove the defendant’s guilt unless there is some independent evidence to corroborate that a crime actually occurred. To give a simple illustration, say a woman confesses to a… Read More »
How Police Use Traffic Stops As A Pretext To Gather Evidence Of Other Possible Crimes
Traffic stops are often a pretext used by police because they suspect the driver may be guilty of a more serious offense, such as drunk driving or possession of a controlled substance. Even when the traffic stop is a pretext, however, there must still be an actual traffic violation. Put another way, if the… Read More »
What Are The Penalties For Perjury In Texas?
Whenever you sign a legal document there is often a statement declaring you do so “under penalty of perjury.” Similarly, if you have ever been required to testify in court you are required to take an oath stating your testimony will be truthful–otherwise you could be charged with perjury. But what are the actual… Read More »
Can A Texas Judge Reject A Plea Bargain?
Most criminal cases in Texas do not go to trial. Instead, the district attorney and the defendant negotiate a plea agreement. With a plea bargain, the defendant normally agrees to plead guilty (or “no contest”) to a specified charge. In exchange, the district attorney agrees to a recommended sentence. The final agreement is then… Read More »
Is Assaulting A Pregnant Person A Felony In Texas?
There are a number of factors that can bump an assault charge from a misdemeanor to a felony in Texas. Assault is normally prosecuted as a Class A misdemeanor. But if the prosecution can prove certain qualifying conditions apply, a jury may convict the defendant of a third-degree felony. These felony factors often revolve… Read More »
Is “Sudden Passion” A Defense To Murder In Texas?
You often hear the phrase “crime of passion” associated with a sudden act of violence driven by impulse rather than premeditation. Perhaps the most common example is the man who comes home one night to find his wife in bed with another person in bed. The man snaps and, in a fit of sudden… Read More »
