Category Archives: Misdemeanor
Is “Factual Impossibility” A Valid Criminal Defense In Texas?
If someone attempts to commit a crime, but it turns out to be “factually impossible” for that attempt to succeed, is the person still guilty of a crime? The short answer is “yes.” In Texas there is what is known as a criminal attempt. This is essentially defined as when someone has “specific intent… 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 »
What Is The Penalty For Driving With An Invalid Driver’s License In Texas?
It should come as no surprise that it is against the law in Texas to drive a motor vehicle on a public street with a suspended or invalid driver’s license. If you are caught driving with an invalid license, you can be charged with a Class C misdemeanor for a first offense. This is… Read More »
What Is “Judicial Clemency”?
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 »