When Should I Talk to the Police?

People who are under criminal investigation always ask, ” When should I talk to the police?” People have a natural inclination to want to talk to the investigating detective in order to clear their name. The only correct answer to that question is ” When your lawyer tells you to talk to the police.”

Some individuals who are under investigation and feel that they have done nothing wrong and won’t even sit down and discuss their situation with a criminal attorney. They mistakenly believe that the very act of consulting with a criminal lawyer will be interpreted by law enforcement as a sign of guilt. Most experienced police investigators actually don’t hold it against a person for talking with an attorney. Believe me, if a police officer comes under criminal investigation, they immediately seek counsel with a criminal attorney.

The fact that an individual under investigation and consults or hires a criminal attorney can’t be used as evidence in a criminal trial against the defendant. The courts recognize that people have an absolute right to legal representation and won’t allow a prosecutor to use that as evidence against them in a criminal trial.

In the end it is the criminal attorney who must make the decision whether a client should interview with law enforcement. That decision can only be made after the criminal attorney has had time to investigate the case and then decide what is in the client’s best interest. If the criminal lawyer decides the client should speak the police, he will always come with the client and be present in the interview room. That way the attorney can stop the interview at any point he feels it’s in the client best interest. 

Other times after interviewing the client and investigating the case the criminal lawyer will advise the client not to interview with the police. He may have determined the police don’t have enough evidence to g0 forward with an arrest and an interview with the client might provide the police with that evidence. The client should lawsy follow the lawyers advice in this area.

March 12, 2020 CRIMINAL DEFENSE, Legal Advice No comments yet

Reasonable Suspicion for Detention. Three Facts to Consider

We often hear the term Probable Cause in criminal law. Police officers must have probable cause to make an arrest or to have enough information to convince a Judge to sign a search warrant. The term that is less familiar but just as important is Reasonable Suspicion. The Courts have ruled that police officers must have reasonable suspicion of some criminal activity before they can detain a citizen to investigate a crime. If there was no reasonable suspicion at the initial detention then the arrest can be thrown out by the trial judge and a later time.

Texas Courts have ruled that when determining whether the police officer had sufficient reasonable suspicion the evidence must show these three facts.

  1. Some activity out of the ordinary is occurring or has occurred
  2. The suspect detained is connected with that activity
  3. The suspicious activity is related to the crime

The criminal attorney must review his facts for detention by weighing these three factors. If the evidence is weak on any of these three facts she should consider filing a motion to suppress the arrest.

March 9, 2020 ARREST No comments yet

Focus Groups in Criminal Trials

Planning a viable defense in a criminal case can be a daunting task. A criminal defense attorney can plan his or her defense theories but can’t always be sure how receptive a jury will be to them. One way to find out how receptive a jury will be is by using a focus group.

Focus groups are used all the time by civil attorneys as they prepare for trial. They aren’t used as frequently in criminal cases primarily due to cost. They can be quite expensive. A focus group is almost always run by a professional jury consultant.

The jury consultant first determines where the focus group will be held. Usually it is in the jurisdiction where the trial is going to be held. If the jurisdiction is a small one then the a different jurisdiction will be chosen that has similar demographics. The consultant will use varies services to bring in jurors who will similar attitudes and beliefs as the jurors who will be called down to the courthouse to hear the case.

The defense attorneys prepare a case presentation for focus group. Both prosecution and defense cases are presented. The goal is not to win over the jurors as in a trial but to test different defensive theories to see how responsive the focus group is. In doing this the defense team learns what arguments and theories will have traction with a jury and which ones don’t. I was very skeptical the first time I participated in a focus group. I was made a believer when we followed the game plan developed at the focus group and our real jury returned three not guilty verdicts.

If you know a criminal case is going to go to trial and your client has the funds I would recommend a focus group. The information you can learn can make the difference between a guilty verdict and an acquittal.

November 24, 2019 JURY SELECTION No comments yet

Brass Knuckles Legal In Texas

As of September 1, 2019 the possession of brass knuckles will be legal in Texas. Under current law the possession of brass knuckles in class A misdemeanor punishable up to one year in jail and a fine up to $4,000. The law was changed in regards to knuckles because under the legal definition popular keychains carried by young women for self defense purposes were considered knuckles. The legislature viewed knuckles as primarily a defensive tool and reasoned that it should not be illegal to posses that type of tool.

Knuckles by their design can inflict serious damage to a person. If an individual uses brass knuckles in an assault and the facts show they weren’t using the brass knuckles to defend themselves then they may face serious criminal charges. Brass knuckles are still considered a deadly weapon because of the design and ability to cause lots of physical damage. The use of brass knuckles in an assault could cause law enforcement to charge an individual with Aggravated Assault.

If you find yourself charged with the Aggravated Assault contact a criminal defense attorney who has experience defending assault cases. Always consult with a criminal lawyer before ever speaking with the police. There are legal defenses to Aggravated Assault charges and a criminal lawyer can use those effectively if the facts can be developed and presented at a grand jury hearing or trial.

July 4, 2019 SELF DEFENSE No comments yet

Indecent Assault Charge May Be Used to Reduce Felony Sex Charges

Indecent Assault charges may be used to reduce felony sex charges in Texas. Starting in September of 2021 law enforcement agencies across Texas can begin filing Indecent Assault cases which is a class A misdemeanor. This new law may provide another tool criminal attorneys can use in the plea bargain process.

Sex Assault crimes carry very serious consequences in Texas. The harsh penalties and lifetime sex registration requirements that come with convictions and sentences of deferred probations often make it difficult for defense attorneys and prosecutors to dispose of a case through plea bargain. That is why many defendants charged with sex offenses choose to go to trial rather than plead guilty.

The new misdemeanor offense of Indecent Assault, also known as groping, does not carry any type of sex registration requirements. The Indecent Assault charge is a misdemeanor offense.  The penalty range is from one day in jail up to one year in jail, and a defendant can receive deferred probation.

Sometimes criminal attorneys and prosecutors have a Sex Offense case which has facts they cause both sides to want to reach an agreement. One solution is to plead the case to a misdemeanor Indecent Assault charge. They could do this by reducing the charge as a lessor included offense or by filing the Indecent Assault charge and dismissing the Felony charge after the defendant pleads to the misdemeanor Indecent Assault. If the defendant received deferred probation for the Indecent Assault charge, then he could have that charge sealed upon successful completion of deferred probation.

A good criminal lawyer is always looking for options for the client to in order to obtain the best result when facing serious criminal charges.

June 30, 2019 SEX OFFENSE No comments yet

Increased Penalties for Groping in Texas

Gov. Greg Abbott signed a bill Friday that increases the penalty for Groping to jail time up to one year and a fine up to $4,000. The new crime is now called Indecent Assault and applies to any touching of the breast, buttocks, or genitals done with the intent to arouse or gratify the offender.

Prosecutions for this type of criminal offense are on the increase nation wide. Cuba Gooding Jr. Was recently charged with groping a woman in a Manhattan bar. The Texas bill passed without opposition and is further evidence the Me Too movement is having on the criminal justice system. After September police can arrest individuals if they believe there is probable cause that an Indecent Assault has occurred.

What type of evidence will we see to prove a groping offense? Primarily the complaining witness’s testimony and any other eye witnesses who may have seen the touching. There may also be video evidence available with the increase of security cameras in public places.

A class A misdemeanor carries serious consequences. Jail time up to one year or probation that can extend up to two years. A conviction for Indecent Assault can have serious consequences on a persons life. If you find yourself charged with a Groping offense seek the advice of an experienced criminal attorney right away.

June 15, 2019 SEX OFFENSE No comments yet

Street Racing Penalties in Texas

Street racing penalties in Texas are serious. As long as there have been cars there have been people who like to race each other in those cars. Often the races take place on the streets when young people are out cruising in their cars. In Texas racing cars is illegal. The degree of the crime that can be charged depends on the type of activity involved or whether anyone was injured during a race.

If the police simply arrest a citizen for street racing, then he would be charged with a class B misdemeanor which carries a sentence up to 180 days in jail. The offense can be enhanced to a class A misdemeanor if the person charged has one previous conviction for racing, was intoxicated while racing or was in possession of an open container.

A citizen can be charged with a state jail felony if they have had two convictions for racing.

Things become more serious if there is a wreck involved in the race. If any person suffers bodily injury because of the offense of racing the defendant can be charged with a third-degree felony. The injured person doesn’t have to be one of the persons involved in the race. For example, if a pedestrian walking down the street was struck by one of the cars.

An individual can be charged with a second-degree felony if as a result of the race a person is killed or suffers serious bodily injury. A second-degree felony has a penalty range of 2 to 20 years.

If you find yourself charged with this offense consult with an experienced criminal lawyer as soon as possible. This especially true if the offense charged involves a felony. When a person loses their life or suffers serious injuries the case often appears in the news which causes even more challenges for the criminal lawyer.

 

 

TEST LINk

June 9, 2019 Street Racing No comments yet

When can a Search Warrant be Sealed?

When can a search warrant be sealed? In most cases in Texas the Affidavit for a search warrant is public information. The affidavit in a search warrant is very valuable to a criminal attorney because it sets out the facts that law enforcement based its request to have a judge sign their search warrant. The affidavit can give the criminal attorney critical information early on in the case which can be essential in determining the first steps the attorney takes and how he advises the client. News reporters also have a keen interest in obtaining affidavits. Reporters use the facts in the affidavit to find out the critical facts to use in a news story about a crime. Law enforcement officials sometimes give copies of the affidavit to members of the press in order to generate more publicity for an arrest.

Under Article 18.011 of the Texas Code of Criminal Procedure the prosecutor can request to have the judge seal the search warrant affidavit for 31 days. To do so the prosecutor must establish a compelling state interest that can cover two areas.

One is public disclosure of the affidavit would jeopardize the safety of the victim, witness or confidential informant or cause the destruction of evidence.

The second is the affidavit contains information obtained from a wiretap which has not expired at the time the prosecutor makes the request to seal. affidavits are rarely sealed under this provision because the state authorities rarely use wire taps.

At the end of 31 days the order expires, and the search warrant affidavit will be unsealed. If the prosecutor makes another request on a new compelling state interest the judge can seal the affidavit for another 30 days.

The sealing of the affidavit does not prevent the accused from getting a copy of the affidavit. The attorney for the accused can get a copy from the judge’s clerk. The public, which usually means the press, is prevented from getting a copy. An experienced criminal lawyer will immediately get the arrest warrant affidavit. The arrest affidavit is usually the first available discovery the criminal lawyer can review..

May 27, 2019 SEARCH & SIEZURE, Uncategorized No comments yet

Dallas Dentist Murder Case

Brenda Delgado‘s capital murder trial is set to begin next week. Delgado was arrested in Mexico for the murder of Dallas Dentist Kendra Hatcher. Prosecutors allege that Delgado paid money to a man named Kristopher Love to kill the girlfriend of Delgado’s ex boyfriend. Love was convicted in a trial last year for capital murder.

The prosecution is expected to call another co-defendant, Crystal Cortez, to testify against Delgado. Cortez has already testified against Kristopher Love in his trial. Cortez has testified that she drove Love to the parking garage where Love shot Hatcher. Her testimony is key in connecting Delgado and Love.

The defense will have to attack the credibility of Cortez and try to raise reasonable doubt regarding the evidence that connects Delgado to the crime. The defense may try to show Delgado never reached an agreement with her co-defendants to have Hatcher murdered. The fact that Delgado fled to Mexico could weigh heavily against her.

May 24, 2019 MURDER No comments yet

When Can I Carry a Gun in Texas

People often ask “When can I carry a gun in Texas. The question of when a person can lawfully carry a firearm in Texas can be confusing. Many folks mistakenly think they have to have a license before they can carry a gun anywhere. In reality citizens can carry weapons lawfully under a number of circumstances in Texas. None of these exceptions apply to persons who are convicted felons.

  1. In your residence. The law allows a person to carry a firearm in their own home, whether it be a house, apartment, trailer or boat. As long it’s a structure designed for them to live in.
  2. In your vehicle. The law allows you to possess a firearm inside your car and while you are in route to and from your vehicle. However, if you are committing a crime, other than a class C misdemeanor, while in the vehicle the privilege to lawfully carry a gun does not apply and the police can charge you with Unlawful Carrying of a Weapon. The most common example would be an arrest for DWI.
  3. In your business. You are allowed to possess a firearm at your business if the place you work is under your control. A store owner can legally have his gun at his work for example.
May 18, 2019 Legal Advice No comments yet