The District Attorney, Pat Lykos stated that she had no discussions with the chief of police about the memo but failed to comment directly on the rule itself. The Chief also declined comment for the Chronicle report.

Nicole Deborde, the president of the Harris County Criminal Lawyers Association call the rule “irresponsible” and “disappointing”. She makes a good point that it causes people to question what the police and prosecution may be hiding in any given case.

Legally, a witness can refuse to talk to defense attorneys. However, this rule forbids police from speaking with them, which may be considered illegal witness tampering, according to Deborde. This type of practice could potentially lead to complaints to the state bar about prosecutors for unethical practices.

In addition, the rule creates a larger divide in the we vs. them mentality by forcing the police to seemingly join the prosecution team rather than act as a fact-finding body, as they are supposed to. As one local defense lawyer says: “It is absolutely destroying any last vestiges that a police officer is a neutral witness who is just trying to figure out what happened.”

The long term impact of the rule remains to be seen, as does any fall out and bar complaints that may arise. It will, no doubt, make communication by defense attorneys a little more difficult, however.

An open exchange of information is ideal when handling criminal defense cases. Being able to get the facts from an officer on the scene can give one good insight into the case. Having to go through a prosecutor to get this type of insight is troubling to say the least.

When you are facing criminal charges, though, you need a defense lawyer willing to do what’s necessary to help you with your case, even if that involves several extra steps. Putting for the extra effort is what I do best.

Call our Texas defense attorneys for a free consultation on your case and some legal advice. Together we can discuss what your best course of action might be and how I can help.

In Dallas public schools in 2006 and 2007, there were 92 criminal citations given to 10 year olds. Such tickets aren’t completely unheard of for children as young as 6, the report stated. True, disorderly conduct is a minor criminal charge, but it’s a criminal charge and these are children.

Studies have shown that introducing children into the criminal justice system in this manner at a young age has a tendency to desensitize them to the system in general. Does this mean all kids ticketed for disorderly conduct will be in prison as adults? No, but it certainly doesn’t keep them out of future trouble.

Most tickets like these are handled with a fine and occasionally through community service. As the article portrays, the lesson taught to children by ticketing them for a classroom disruption is highly questionable. These incidences are quite different from criminal activity an officer might see on the streets.

Whether your child is arrested for a serious crime or ticketed at school, their introduction into the criminal justice system can be traumatic. The criminal processes for juveniles can be confusing even for an adult

Oftentimes criminal matters are resolved using what’s called an informal disposition like deferred prosecution or even a warning. Sometimes, however, your child has to go to court and this is when you will want an experienced defense attorney on your side.

Typically, when a child is sent through the Texas criminal system it is with a delinquency petition and an adjudication hearing. In very serious situations, however, they can be certified or charged as an adult.

If your child is facing criminal charges and you have questions, contact our offices today.

The most recent of these occurred last week and destroyed three homes that were under construction. The fire, which seems to have originated in one home on Hidden Grove, did over $600,000 in damage. In all, 14 fire trucks responded to the scene. Three homes were destroyed and an additional three were damaged.

According to the news reports, witness reported seeing a white car with tinted windows leaving the scene before the fires were noticed. At this time, investigators are seeking the driver of this vehicle for additional information.

Arsons are often started as a means to collect insurance money. Perhaps the home owner is drowning in debt and doesn’t see a way out. Other times, arson is committed as a crime of rage or revenge. Still other times, it seems arson is the symptom of a disturbed mind and really has no logical explanation.

Regardless of why the arson is committed, it is a serious offense. Depending on the reasons behind it, being charged with arson typically means a Class 2 felony charge. This type of charge carries a potential 20 years in prison and fines.

A far more common property offense, criminal mischief, is charged depending on the value of the damage done. Criminal mischief involves damaging or destroying the property of another and can be as minor as a Class C misdemeanor or as serious as a 1^st degree felony.

When you are facing criminal charges involving the property of another person, you should discuss your concerns with a defense attorney. Contact me today to talk about the charges against you and get some help in deciding what to do next.

The lab won’t likely be used to DNA or “glamorous” lab work, but rather DUI, drug testing, and other fast and simple cases. The focus here seems to be quantity. And quantity is what’s needed considering evidence sent away to the Texas Department of Public Safety labs can take up to a year to be processed.

Basically, any time there is drug evidence in a criminal case, it is tested to ensure the substance is what is suspected and often just how potent it is. Also, blood tests are frequently ran following DWI cases. Simple lab tests that can be performed in a day seems to be what the new lab will focus on.

Drug evidence or physical evidence in any criminal case is very important. From even before the evidence is seized until it is admitted in court, the procedures and rules surrounding evidence can get quite complex and tricky.

In a criminal case, the prosecution will use all types of evidence to attempt to prove your guilt beyond a reasonable doubt. Because of this, it should be a main concern of your attorney that all evidence admitted in court has been seized legitimately and processed while protecting your rights.

If police or lab workers made a mistake or an error of judgment with your evidence, there is a small chance it will be inadmissible in court and not available for the prosecution to use against you.

If you are facing drug charges, DWI charges, or any criminal charges and have questions about the evidence against you or the potential penalty you may face, contact our offices today for a consultation.

As mentioned on the widely read blog andrewsullivan.com, a woman notes that her son was busted for possession of marijuana in Houston. At the time, the sentence (no jail time, probation) may have seemed like no big deal. But at some later point, her son was rejected for a job at WalMart due to the criminal conviction.

With online background checks costing next to nothing, and becoming a routing business practice for employers, landlords, volunteer organizations, or anyone else, criminal records are easy to find.

Technically, all criminal records are public records, and it is perfectly plausible that your name and criminal charge could show up in a google search, if not now, than sometime in the future.

Of course, not all criminal charges can be beaten, even by the best criminal defense lawyers. But many can. It is absolutely worth looking into it, and exploring every possible option to avoid a criminal charge.

If a lawyer tells you that for a fee of a couple thousand dollars, you have a 50/50 chance of not living the rest of your life as a convicted criminal, it is something you should seriously consider.

Especially for a young person, with a bright future ahead. The consequences of any conviction on a permanent record could end up being treated even more harshly in the future.

But the only time you can do anything about it is before agreeing to plead guilty in criminal court.

According to the Brownsville Herald, the girl initially agreed to send the boy a topless photo of herself. But he then threatened to forward the photo to his friend if she didn’t send him a subsequent fully nude image.

These cases are considered surprisingly common, though they often don’t make news and may be dealt with in juvenile court.  But as we’ve noted before, Texas law has no provision for lesser charges, and is known to be tough on these offenses. Felony sex offenses in Texas are very serious crimes.

Since this case appears to involve coercions, it goes beyond an innocent but dumb sexting charge. If the girl had willingly send the photos, and not been threatened, you could make a case that felony sex offense charges would be completely inappropriate.

More typical sexting offenses involve willing parties, giving in to adolescent impulses and exploring sexuality.

In any case, it will be interesting to see how this case resolves, and if it raises the issue of future sexting laws reform in Texas.

Property crimes like this include thefts, burglaries, as opposed to crimes against other persons.

According to the Dallas Morning News, officials have identified about 500 individuals that are responsible for the bulk of major property crimes in the area. Many of these offenses are categorized as state jail felonies and would result in serving time at the state jail level rather than the county jails.

According to the article, many of these defendants are being told to reject initial plea offers by the prosecution. Because courts are bursting at the seams, these defendants may spend 6 months in jail before being given a trial date. By that time, the chances are good they will get “time served” and released without ever having to serve time at the state jail.

Apparently, all areas of the local criminal justice system have been working together to decide how they can cut back on the jail population. By fast tracking these property crimes through their own courtroom, they are hoping those awaiting trial in jail will quickly dwindle.

There is a common misconception among many that property crimes are not serious crimes. Quite the contrary is true, however. You can spend years in prison if found guilty of a property crime. A theft of more than $1500 can land you a state jail sentence. More than $20,000 and you are looking at prison time.

Specialized courts are commonly used in DWI cases and drug cases. This move to a property crimes court is new for the area, though law enforcement is optimistic about the potential outcomes. They, after all, are seeking tougher penalties.

If you are accused of a property offense, whether you are in the Dallas area or not, we may be able to help. Call today for a consultation on your case.

It turns out, according to this report from the Paul’s Valley Daily Democrat, that the burglary suspects were a 31 year old man and his 19 year old nephew. Also allegedly along for the ride was the nephew’s 17 year old girlfriend and their two children, both under the age of two.

The men attempted to flee when police arrived on the scene but they were caught and taken into custody. The woman and children were found in the vehicle along with evidence suspected of being stolen from that home and another as well.

In all, the duo had loaded up over $30,000 worth of electronics, guns, and other valuables. Both men are now facing criminal charges in Garvin County District court.

While criminal statutes regarding a home burglary are slightly different than a general theft charge, the concept is the same. You are accused of taking something that didn’t belong to you and the exact charge you face will depend on the value of the goods or services in question.

For instance, if you are charged with stealing something that is valued at less than $50 you will face a class C misdemeanor charge and a potential fine. However, if that item you are accused of stealing is worth more than $1,500, you could face state jail felony charges and up to 2 years behind bars.

When you are facing criminal charges like theft, embezzlement, or even robbery, you need an attorney on your side willing to fight for you, and defend your rights in court. Contact us for a criminal defense consultation.

Covered by local and national news, investigated by local and federal authorities, the string of church fires has left many unanswered questions. According to the Dallas Morning News, the fires don’t seem to be racially motivated as the churches involved have racially diverse congregations. It doesn’t seem to have religious motives as those churches are of various denominations as well.

Officials have considered the arsons may be a way of covering up another crime, though according to USA Today, little if anything has been stolen from the structures.

No one has been injured, which is good for the arsonist, should they ever be caught. Although arson is the most serious property crime, it carries a far more serious penalty if someone is hurt in the fire. In most cases, however, the arsonist is not caught. Also, if caught, they stand a far greater chance of being found not guilty.

Building an arson case is difficult simply because the evidence is often lost in the fire. Other property crimes like criminal mischief and graffiti are easier for the prosecution to prove.

When facing charges like criminal mischief and knowing that the prosecution has evidence to get a conviction, stress can mount as you consider spending time behind bars and paying off large fines. Having a defense attorney as your advocate can put your mind at rest.

I can’t get all of my defendants off; no attorney can. I can, however, guarantee that I will do my best to ensure you get the best results possible in court. As your attorney, it would be my job to ensure your rights are being protected at every stage of the game.

Contact me today to discuss the details of your case and for some valuable legal advice.

Under the Constitution, defendants in a criminal case are entitled to a public trial. Having criminal cases open to the public encourages transparency and a sense of checks and balances.

The Supreme Court’s decision in Presley vs. Georgia involved a case where the defendant’s family was asked to leave the courtroom during jury selection. The opinion now states that the public must be permitted unless there are overriding safety concerns or other significant reasons not to.

The Dallas case underway is the City Hall corruption case that has been going on for quite some time. A new jury selection will take place as the first one was done without public presence according to the Dallas Morning News.

The Constitution and the justice system are set up to protect the rights of the accused. Because of this, there are numerous rules, laws, and procedures that must be followed in order to ensure a defendant receives a fair trial and treatment within the system.

From before the arrest to sentencing, there are many complex regulations in place to keep a criminal case on track. Although this is all set up in your, the accused, interest, it doesn’t always feel that way. When you are the one facing criminal charges, it most often feels like no one is on your side.

Whether you are facing white collar crimes, like those in the corruption case, or a small time drug charge, it can feel like everyone in the Texas court system is out to get you.

This is exactly why having a trusted defense attorney is so crucial when you are facing criminal charges. When up against DWI or assault charges, you want to be confident in the attorney you have chosen to represent you. Contact me today to discuss the details of your case and the possible defense strategies that we could use.