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
A 17-year-old cannot vote, buy cigarettes or alcohol, and cannot serve in the armed forces. Yet, a 17-year-old is an adult for criminal prosecution purposes and can legally have consensual sexual relations. Hell, even a 14-17 year old child can legally engage in consensual sex so long as his partner is not more than three … Read more
The Waller County Civilian Commission report is finally out, and you can read it here: Recommended Police and Jail Practices We finished our review, and our report! Joined by Hon. Craig Washington, Hon. Morris Overstreet, Juan L. Guerra, Randall Kallinen, and Paul Looney, I spent countless hours trying to help the citizens of Waller County. In … 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
Sure, a prosecutor can choose to prosecute a case, but that doesn’t always mean he or she should. Trace Cocaine Cases Years ago, then Harris County District Attorney Pat Lykos made the choice to decline prosecution of trace amounts of cocaine. This didn’t mean she approved or condoned cocaine possession. It didn’t mean cocaine cases … Read more
One of the questions I’m asked most frequently is whether a particular juvenile prior adjudication can be used to enhance a new adult criminal charge and bar probation eligibility. Under Penal Code §12.42, felony offenses can result in enhanced punishments for those previously convicted of felony offenses. When looking at a prior juvenile adjudication, certain … Read more
Have you seen the news? The FBI has announced errors in its database which is used across the nation and in Texas. In two prior blog posts (on separate sites), I addressed this issue. August 7, Just How Accurate is DNA?, HCCLA.org (with memo downloads) September 18, FBI DNA Calculation Errors, HCCLAtv.com Today, Fox 26 News … 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