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Author Archives: Jay Butchko

Judge

Can Judges “Stack” Sentences For Multiple Crimes Tried Together?

By Keith B. French Law |

It is fairly common for prosecutors to charge a defendant with multiple criminal offenses arising from the same act or “episode.” Under Texas law, when the defendant is tried and convicted of multiple offenses in a single trial, the sentences must normally run concurrently. This rule also applied to situations where the defendant was… Read More »

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DrunkDriving

How Your Car Can Be Considered A “Deadly Weapon” Under Texas Criminal Law

By Keith B. French Law |

Criminal assault covers a much broader range of conduct than most people realize. Sure, if you walk up to someone and punch them in the face, that is clearly assault. But assault does not require that you make physical contact with the victim. Instead, Texas law defines the crime as including “intentionally or knowingly”… Read More »

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PoliceArrest2

How Bleeding On A Police Officer Could Land You In Prison For 10 Years

By Keith B. French Law |

You probably know that it is a crime to resist arrest. Indeed, it is normally a Class A misdemeanor under the Texas Penal Code. But in some cases it can also be prosecuted as a felony. For example, if a person uses a “deadly weapon” to resist arrest–e.g., they point a gun at a… Read More »

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Courtroom2

How Does “Deferred Adjudication” Work In A Texas Criminal Case?

By Keith B. French Law |

In some criminal cases, prosecutors will agree to what is known as a deferred adjudication. This basically means that the defendant agrees to plead guilty (or “no contest”) the alleged crime, but the judge does not immediately enter a judgment of guilt. Instead, the defendant must serve a term of probation–which is called community… Read More »

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Justice6

What Is “Judicial Clemency”?

By Keith B. French Law |

In some criminal cases where a defendant is convicted but the sentence was limited to community supervision–i.e., probation without any jail time–it is possible to seek a form of relief known as judicial clemency. This basically refers to the trial judge’s authority to set aside a conviction after a defendant successfully completes their probation…. Read More »

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CrimLaw12

Is It Actually A Crime To Evade A Police Officer?

By Keith B. French Law |

When questioned or detained by a police officer, your best option is usually to say as little as possible while still complying with the officer’s instructions. One thing you should never do is run away. Indeed, the mere act of “evading arrest or detention” is itself a criminal offense. In some cases, you might… Read More »

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CriminalDefense

Why The Location Of A Drug Crime Is Often A Critical Detail

By Keith B. French Law |

Sometimes where an alleged crime takes place is just as important as the crime itself. There are many criminal statutes that provide enhanced penalties based on location–or, more precisely, the proximity of a crime to a specific type of building or facility. For example, a person convicted of possessing a controlled substance (illegal drugs)… Read More »

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SelfDef2

When Is “Self-Defense” A Valid Defense To Murder?

By Keith B. French Law |

There is often some confusion surrounding the law of self-defense in Texas, particularly with respect to the “Stand Your Ground” rule. Basically, if you have a reasonable belief that you are in danger, you may lawfully use force to defend yourself from an attacker. In certain cases, you can even use deadly force to… Read More »

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Juvenile

When Can A Juvenile Be Sent To Adult Court In Texas?

By Keith B. French Law |

In Texas, a “juvenile offender” is a person between the ages of 10 and 17 who have engaged in conduct that would be considered a criminal offense for an adult. Juveniles are tried in a separate court system where procedures tend to be less formal while still respecting the constitutional rights of the accused…. Read More »

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CrimLegal

Can A Person’s Arm Be Considered A “Deadly Weapon” In An Aggravated Robbery Case?

By Keith B. French Law |

Under Texas law, robbery occurs when someone commits theft, and in doing so “intentionally, knowingly, or recklessly causes bodily injury to another,” or places someone in imminent fear of injury or death. Robbery is normally considered a second-degree felony. However, if the defendant “uses or exhibits a deadly weapon” to commit the robbery, then… Read More »

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