criminal defense lawyer

Can My Client be Impeached with Prior Juvenile Adjudications?

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Well, generally, no, but it depends. (Don’t you just love that answer!) Texas Rules of Evidence, Rule 609(a) speaks generally to impeachment with criminal convictions. Juvenile adjudications are not criminal convictions, and are therefore, generally not admissible for impeachment purposes. Rule 609(d) specifically addresses juvenile adjudications: (d) Juvenile Adjudications. Evidence of a juvenile adjudication is […]

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Mentoring Should Be Mandatory

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In the practice of law, mentoring should be mandatory. This is especially true in criminal defense where life and liberty are on the line in each and every case. Some lawyers practicing criminal defense simply hung a shingle and opened a practice. Others are former prosecutors. In either instance, mentoring is key. Prosecutors know how to

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Can My Lawyer Give Information About My Case to My Momma?

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Confidentiality Lawyers owe a duty of confidentiality to their clients. Lawyers cannot ordinarily reveal confidential information to anyone, absent the client’s consent. Sometimes momma (or daddy or wife or brother or anyone else) will call the lawyer to “see what is happening” or “see what is going to happen.” Often this is simply because the

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Why One Lawyer Shouldn’t Represent Co-Defendants

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Conflict Question Often Asked: Can I represent co-defendants? The short answer: maybe you can, but generally you should not. The Texas Disciplinary Rules of Professional Conduct address this and other issues attorneys face. Rule 1.06: A lawyer shall not represent opposing parties and a lawyer shall not represent a person if the representation of that person

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To Plea or Not to Plea?

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As a takeoff from my presentation today at Texas Criminal Defense Lawyers Association’s Defending Juveniles, I wanted to share an outline of how to approach advising your juvenile client to plea or not to plea. What is a Plea? In this context, a “plea” is similar to a plea-bargain in a criminal case. A “plea”

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Sept 1, Day of New Laws

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This September 1, the criminal justice system finds itself amidst change. Below are some of the highlights of our new legislation. Theft Through House Bill 1396, Texas passed legislation that changes the “value ladder” for many property crimes. Property crimes such as theft, mischief, graffiti, frauds and other various offenses use the “value” of the

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Looking for the Truth Shouldn’t Cost Friendships

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Maybe you have been following the David Temple case. Maybe you haven’t. In short, David Temple was convicted of killing his wife in a totally circumstantial cold case prosecuted by Kelly Siegler, former Harris County Assistant District Attorney turned semi-celebrity on TNT’s Cold Justice. In case you hadn’t followed the events here is what you

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Why Would You Plead Guilty to a Crime You Didn’t Commit?

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Sadly, many people do. Samuel Gross, a law professor at the University of Michigan and editor of the National Register of Exonerations writes: In the past year, 45 defendants were exonerated after pleading guilty to low-level drug crimes in Harris County, Tex. They were cleared months or years after conviction by lab tests that found

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