Today, the United States Court of Appeals for the 5th Circuit found the federal statute that prohibits the possession of a firearm by someone who is subject to a domestic violence restraining order to be unconstitutional. (USA vs. Rahimi) The basis of this decision is that prohibiting the possession of a firearm is infringing upon … Read more
Got questions about criminal cases? Don’t know where to start? We’ve got you covered with a quick overview of criminal law, hiring a lawyer, what happens in court, and more. What do I look for in hiring an attorney? Most importantly, you need a lawyer with experience in the area of law where your problem … Read more
One year ago today, I wrote “Just Because You Can, Doesn’t Mean You Should” to discuss the discretion of prosecutors. Prosecutors can and do choose which offenses and people they will prosecute. It’s a matter of resources. It’s a matter of proof. It’s a matter of discretion. Every case that is prosecuted requires some portion … Read more
Criminal defense lawyer extraordinaire Mark Bennett has done his fair share of good deeds. As he can tell you, no good deed goes unpunished. A true defender, Mark often comes to the aide and defense of his brethren in and around Harris County. He is head of the HCCLA Strike Force and responds to a “bat signal” … Read more
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
Yesterday, the U.S. Supreme Court ruled a Massachusetts woman just might have a 2nd Amendment right to carry a stun gun. She was originally arrested, charged, and convicted of carrying a stun gun in violation of Massachusetts’s law. All agreed she bought and carried the stun gun for protection from her abusive ex-boyfriend. The Court, … Read more
Criminal convictions have intended consequences. They carry punishments that include life and liberty. Convictions can cause someone to be jailed for a period of time. They can cause payment of fines and participation in rehabilitative programs. But what happens when the punishment is over? After the punishment comes the collateral consequences – the unforeseen consequences … Read more
Sadly, so much of what I have read in the media regarding Ethan Couch, the notorious “affluenza teen,” is just legally wrong. Now, I am not advocating for more or less punishment or trying to guess the merits of the State’s case or the defense. But, I do know juvenile law, and many things quoted … 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