Brass knuckles are just one of the weapons that is prohibited in Texas. For that matter, brass or not, the knuckles are prohibited. Why then do so many students get arrested with them? Kids are getting arrested, rather frequently, in schools with brass knuckles. Of course, the kids aren’t really even sure they are knuckles … 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
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
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
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