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 … Read more
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 … Read more
Important information for attorneys and their clients. Clients: know the file is yours and you are entitled to it (with a possible exception for some materials). Attorneys: know what to turn over and when. Common Attorney Questions: My client (or former client) wants a copy of his file, can I charge him copy fees to … Read more
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 … Read more
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 … Read more
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” … Read more
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 … Read more
How long must someone be punished for a criminal act? When is that person’s debt to society ever forgiven? In Texas, it’s a lifetime debt. Convictions for criminal acts (from a class B possession of marijuana to murder) will always remain a part of a person’s criminal record. Criminal records are available online and forever. … Read more
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 … Read more
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 … Read more