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Category Archives: Drug Crime

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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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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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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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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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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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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PoliceSearch

What Happens If I Talk To The Police Before They Read Me My Rights?

By Keith B. French Law |

There is often a misconception surrounding the familiar Miranda warning that the police must give a criminal suspect before beginning a custodial interrogation. If the police fail to give the warning, any statement made by the suspect is inadmissible in court, that much is true. But the misconception is that this also means that… Read More »

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Judge

What If A Judge Makes A “Mistake” In Sentencing Me?

By Keith B. French Law |

Everyone makes mistakes, including judges and prosecutors. But when it comes to something like how long a person should go to jail for committing a crime, a “mistake” can mean a defendant is forced to spend additional years in prison beyond what the law requires. Such mistakes need to be rectified promptly when they… Read More »

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