When Does A Crime Become A Hate Crime In Texas?
Hate Crimes on Rise Hate crimes are soaring across the United States, reaching their highest level in more than a decade . It seems that every day, a new crime occurs…
9 Tips for Testifying in Court | Taking the Witness Stand
Testifying in criminal court can be nerve-wracking. The stakes are high and, in many cases, someone’s freedom is on the line. It’s imperative to put your best foot forward and…
Risks of Traveling with Large Amounts of Cash | Criminal or Forfeiture
Innocently Carrying Large Amounts of Cash Can Result in Asset Forfeiture & Seizure Imagine you are driving to make a big purchase — maybe to buy a new car or…
State Jail Diligent Participation Credit | Early Release
State Jail Diligent Participation Credit Texas currently has 19 state jails housing approximately 9,500 state-jail offenders. Under Penal Code Section 12.35 , a person serving time for a state-jail felony…
Judicial Clemency in Texas | Setting Aside Convictions
What is Judicial Clemency? One of the least discussed areas of criminal law in Texas is a judge’s power to set aside certain straight probation sentences. (Click here to read…
Confidential Informants: Exceptions to Informer Privilege
Confidential Informants Often fodder for Hollywood blockbusters such as Black Mass, Reservoir Dogs, and The Departed, the secrecy surrounding the identity of confidential informants has always captivated the public. Though…
Immigration Consequences for Non-Citizens Facing Criminal Charges
Certain criminal convictions can have immigration consequences such as deportation, denial of admission or naturalization for any non-citizen. A defendant’s particular category of non-citizenship may affect the specific consequences of…
Rule 35 Agreement Reducing a Federal Sentence | Rule 35 Agreement
Rule 35 Agreement to Reduce a Federal Sentence As many know, under the federal system the most powerful departure from the United States Sentencing Guidelines exists under U.S.S.G. 5k1. This…
Affirmative Defenses in Texas | What is an Affirmative Defense to a Crime?
An affirmative defense allows a defendant to avoid legal responsibility for the charged offense. When a defendant uses an affirmative defense, the defendant is admitting guilt. However, the affirmative defense…