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Lesser Included Offense Reckless Driving Aggravated Assault

Reckless Driving as Lesser Included Offense of Aggravated Assault In criminal law, a lesser included offense is a crime for which all of the elements (essential parts) necessary for a conviction are also elements found in a more serious crime. In Texas, usually you can determine a “lesser included” by listing all of the elements of one offense and seeing if other crimes can be created by the removal of any of those elements. In limited circumstances, you must look beyond the statute to determine whether a crime has a lesser-included offense. Specifically, when the prosecution pleads (by information or indictment) allegations more specific than the bare statutory elements. This is how Reckless Driving may be a lesser-included offense of […]

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Legal Drinking Age in Texas

What is the Legal Drinking Age in Texas? History of the Legal Age of Consumption and Purchase of Alcohol Currently, in Texas the legal age to purchase or consume alcohol (with few exceptions) is 21. Prior to 1920, there was no national minimum drinking age, and the laws regarding age varied widely from state to state. Some states had no minimum age for consumption or purchase whatsoever. However, in 1920, the “Grand Experiment” began with the ratification of the 18th Amendment to the United States Constitution, which established the prohibition of alcoholic beverages throughout the country by making the production, transport, and sale of alcohol illegal. Prohibition lasted for thirteen years until the 18th Amendment was repealed by the 21st […]

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Crimmigration Presentation at Tarrant County Bar 2016

Presentation at CrimmigrationContinuing Education 2016 Tarrant County Bar Association Office I simply stole this from the paper. I believe it provides great advice on both sides of the Immigration Issue. Criminal defense lawyers needs to consult and expert as soon as possible. Unfortunately, attorneys allow their desire to avoid ineffective assistance claims or grievances to conflict with their duty to remain loyal to their clients. Always, be mindful of how what you put on the record can be used against your client. Also, remember your client must give consent for you to disclose attorney-client conversations. The criminal defense attorney is responsible for advising her client. This is not a responsibility that can be delighted or abandoned. Unfortunately, sometimes clients are […]

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Assault vs. Battery | What is the difference?

Assault and Battery: What is the Difference? The Common Law History Assault vs. Battery at Common Law – “Common Law” is the term used for laws derived from judicial precedent made in the court system rather than codified in a statute. Common law crimes originated in England and eventually found their way to the United States. When a decision was handed down in a case, the opinion had a binding effect on later decided cases, and the principle by which judges are bound to follow a rule of law created in a previous, similar case is known as stare decisis. Today, many crimes that originated in the common law are now enumerated in both state and federal statutes. Traditionally, common […]

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Blue Laws in Texas Alcohol Sale on Sunday

Blue Laws – Texas A blue law, also referred to as a “Sunday Law,” is the term used for a law that is designed to restrict activities on Sundays for religious purposes. Traditionally, people have avoided working on Sundays because it is a “day of rest.” Blue laws were specifically enacted to prohibit the sale of certain items, most notably alcohol, in order to encourage (or force) people to go to church and observe the Sabbath. Many times the laws did not force stores to completely close on Sundays but instead banned the sale of certain items that made the operation of the store impractical. For example, up until 1985, Texas blue laws prohibited the sale of items such as […]

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Parental Kidnapping Child Abduction in Texas

Parental Abduction: Can a Parent Kidnap Their Own Child in Texas? Unfortunately, many divorces, civil suits, and child custody battles result in a nasty game of tug-of-war over the children in a family. Many parents believe that hiding their children and keeping them from seeing the other parent is a good way to “get even.” Some even attempt to flee with the child. Not only can this lead to significant ramifications for the offending parent in a custody suit court, but it can also lead to criminal charges. Parental kidnapping is a complex area of the law involving a mixture of the Penal and Family Codes. Here we address one notable area: the taking of a child by his or […]

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Is a butterfly knife legal in Texas?

Butterfly Knife Legality Originating in the Philippines, the butterfly knife, also known as a balisong or fan knife, is a type of folding knife consisting of a blade concealed between two handles that is opened by gravity. There is a variety of butterfly knife laws across the United States that outlaw the knife in some form or fashion because of its quick, single-handed deployment and potential use as a weapon. Some states completely ban the possession or sale of the butterfly knife, while others only make it illegal to carry the knife concealed. Is a Butterfly Knife Illegal in Texas? In Texas, a butterfly knife is considered a type of switchblade, which is defined in the Penal Code as any […]

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Acquittal Definition Means Not Guilty

What Does an Acquittal Mean for You? An acquittal means that you were criminally charged with an offense, but the court found that you were not guilty, generally as a result of a lack of evidence. This is an important distinction from a dismissal, for example, because an acquittal means the state cannot refile the charge or appeal the innocence finding. When a person is acquitted of an offense, they are legally freed by a court and protection against “double jeopardy” takes effect. Double jeopardy is a Constitutional right that prevents the government from filing criminal charges against you for the same offense multiple times. The government only gets one bite at the apple, so to speak. Whether double jeopardy […]

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Fourth Amendment Third Party Doctrine Cell Phone and Internet Privacy

The Third-Party Doctrine:Fading Fourth Amendment Protection in a Modern, Technologically Advanced Society From the NSA leaks made by Edward Snowden to the FBI’s demand for Apple to provide backdoor access to the San Bernardino shooter’s IPhone, the issues of government surveillance and digital privacy have been divisive and hotly-contested as of late. Apart from issues involving national security, there is one question that many current criminal defense attorneys may face in everyday practice: Is the government required to obtain a warrant for an individual’s cellphone records to track the defendant’s past locations when conducting a criminal investigation? Unfortunately, and perhaps not surprisingly, the answer is no in some jurisdictions. According to the recent majority opinion in United States v. Graham […]

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Hillary on Dallas Police Ambush: Need Police Reforms, Gun Control

Hillary Clinton responded to the Dallas Police ambush by pushing reforms for police departments and more gun control.

Sourced through Scoop.it from: www.breitbart.com

Hopefully, tragedy can lead to meaning reform. 

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