Part 8: Filing and Arguing Pre-Trial Motions Fort Worth Criminal Defense Attorney Guide Filing and arguing motions is a big part of the pre-trial process. Written motions filed with the court are your way of not only formally notifying the State and the court of what you would like to see happen in the case, but also your criminal attorney’s way of protecting your rights at pre-trial, trial, and on appeal. Your defense attorney will file at least some motions during the course of your criminal case (unless the case concludes before there is time to file any motions, or if there is a tactical reason to delay filing motions), so we will discuss the major types of motions to
Read more →Part 7: Securing Formal and Informal Discovery In this section we will discuss the procedures for discovery, how they have changed in recent years, and how you can be successful in securing all the discovery to which you are entitled. “Discovery” is the part of the criminal trial process when your defense attorney gets a chance to peek into the State’s case. Unless you have had an examining trial, this might be the first time your criminal defense attorney interacts with the State’s prosecutor concerning your case. While many attorneys treat discovery as merely a pesky task to be completed, experienced attorneys know that this initial interaction with the State can reveal important information about the opinions and biases the
Read more →Part 6: Conducting An Investigation Of The Case Attorney-Led Investigation And Hiring An Investigator Depending on the facts and nuances of your case, your attorney will advise you on the evidence that needs to be fleshed out, and whether or not you need to hire an investigator. Your attorney will simultaneously be pursuing documents and evidence produced and collected by the State, which must in turn be picked apart for authenticity and potential inaccuracies. Your attorney will review everything produced by the State and develop a plan to rebut or acknowledge the State’s evidence at trial. Using your previously developed witness list, your attorney will review the backgrounds of each individual, conduct interviews, and determine whether their testimony will benefit
Read more →Texas Second Court of Appeals in Fort Worth, TX The Texas Constitution Article V creates the judicial branch of Texas government. The Constitution specifically references “Court of Appeals,” but the number and composition of the courts is left to the Texas Legislature to determine. The Second Court of Appeals was originally created by the Legislature in 1891. The original three “intermediate appellate courts” were Number 1 (Galveston), Number 2 (Fort Worth), and Number 3 (Austin). At that time, these courts did not have criminal jurisdiction, and criminal appeals went directly to the Texas Court of Criminal Appeals. However, in 1981 these intermediate appellate courts were vested with jurisdiction in criminal appeals (other than death penalty cases). Tex. Const. Art. V
Read more →Meet Local Candidates for Upcoming Tarrant County Primary Put a Face with Your Vote Hosted by The Fort Worth Club Junior Activities Committee in association with The League of Women Voters of Tarrant County. Thursday, February 18 5:30 p.m. – 7 p.m. (12th floor) Fort Worth Club members, reserve now to attend the The Fort Worth Club’s second “Put a Face with Your Vote” event! Meet and mingle with your local candidates for the March primary election and enjoy beer, wine, and hors d’oeuvres. Races Invited: County Commissioner Criminal District Attorney District Clerk District Judge Judge, County Criminal Court Justice of the Peace Candidates, please limit campaign materials to small fliers and business cards. RESERVATIONS REQUIRED NO LATER THAN
Read more →Part 3: Time and Resources Are Essential When Hiring a Criminal Lawyer Fort Worth Criminal Defense Attorney Guide Under certain circumstances you may qualify to have a court appointed attorney (also known as a public defender) represent you in your criminal case, and we will also cover this option in this section. Continue reading to learn why adequate time and resources are so important to the success of your criminal case. Attorney Caseload Can Directly Impact Your Case Any criminal defense attorney you work with, whether appointed or hired, is obligated to dedicate “necessary” time and resources to representing you in your case. In theory, this means in-person meetings outside of court to discuss your case, walk through the facts,
Read more →Part 2: How to Evaluate Education, Training and Experience When Hiring a Criminal Lawyer Fort Worth Criminal Defense Attorney Guide Oftentimes when we find ourselves in a pinch, we reach out to friends and family for advice and assistance. Unfortunately, unless your uncle is Matlock-reincarnate, you will want to vet each and every potential defense attorney to ensure they have the ability to not only handle your case, but to help you succeed. In other words: your great Aunt Birdie who got you out of a speeding ticket when you were 16 might not be the one to get you out of a hit-and-run charge today. One way to evaluate and compare potential criminal defense attorneys you may wish to
Read more →Technology Replacing In-Person Jail Visits In Some Texas Counties If you are planning to visit your friend or family member in county jail, you may be surprised to learn there is a fight underway in some county jails to preserve in-person visits. Several counties have recently spent thousands of dollars upgrading their video conferencing technology in an effort to stream-line jail visits, and save money on prisoner transfers and supervisory personnel. Nearby counties such as Tarrant, Collin and Denton have implemented such programs that require visitors to talk to their loved ones over a phone while looking at a TV or computer monitor instead of in-person through plexiglass, or programs that allow “visitors” to pay a fee to communicate over
Read more →The unfortunate fact about the criminal law system is that human errors are oftentimes unavoidable and leave huge flaws within the system. Unclear testimonies, poor eye witness accounts, and a less-than-great attorney are all things that could land an innocent person behind bars. Last week’s story about Dallas local, Michael Phillips, is a great example of these flaws and really shows the importance of criminal defense. When the front page of the newspaper reads “Man Arrested on Murder Charges”, most people automatically jump to the conclusion that the man was in fact the murderer. As a defense attorney, it is my job and passion to look at it differently. The sensitive and lengthy nature of criminal cases makes it possible
Read more →The ordeal began in 1990, when a young woman was raped by a black man, in a white ski mask in her room at a Dallas motel. The victim, a 16 year old white woman, pulled her attacker’s mask up while fighting back. She claimed to have immediately recognized him, having seen him in the area before. Michael Phillips, who lived and worked at the motel, fit the description. Later that week he was arrested after being picked out of a photo line-up. At the point of his arrest, Phillips felt that the cards were stacked against him. On the advice of his public defender, he accepted a guilty plea. Fearing that a jury would believe the victim’s statement over
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