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Category Archives: Kerrville Attorney Blog

Corpus Delicti – No Body, No Crime?

Watching crime movies or t.v. shows might give you the impression that without a body there can be no conviction for murder. Whitey Bulger, the biggest thug in Boston for years liked to say, “No body, no crime.” This is not always true. Popular fiction implies that the Latin term corpus delicti means that the… Read More »

Automobile as Deadly Weapon in DWI Case

Prosecutors like to threaten defendants charged with DWI with the hammer of an enhancement for use of a deadly weapon. This is easy to do in a case involving death or serious injury, since by definition, the car was capable of causing serious bodily injury or death. Prosecutors will also seek a deadly weapon finding… Read More »

What is the insanity defense?

Section 8.01 of the Texas Penal Code provides for the affirmative defense of insanity: It is an affirmative defense to prosecution that, at the time of the conduct changed, the actor, as a result of severe mental disease or defect, did not know that his conduct was wrong. There are some crimes so horrific most… Read More »

Entrapment and Drug Free Zones, Measure as the Crow Flies

Prosecutors and police love to charge defendants with selling drugs in drug free zones. As an article on the Texas prosecutors’ website says, “One tool assists prosecutors in their quest for a meaningful prison term for drug offenders: an affirmative finding that the offense was committed in a drug-free zone (DFZ). The DFZ finding can,… Read More »

Should I Take a Polygraph (Lie Detector) Test?

If you are under investigation for a sex crime in Texas, you might be asked to take a polygraph test(a.k.a. “lie detector test”). The request might come from a police detective, the Texas Department of Family and Protective Services (DFPS) or Child Protective Services (CPS). While it is natural to want to clear your name… Read More »

What is a Summary Judgment?

In a civil case (as opposed to a criminal case), a court may enter a summary judgment when the undisputed facts show that there is no genuine issue of any material fact and the moving party is entitled to judgment as a matter of law. The party seeking summary judgment files a motion that states… Read More »

Can I get deported for misdemeanor drug or weapon offense?

I practice law in a small town (20,000). In the past 18 months, I’ve represented two Legal Permanent Residents (LPR’s) who came to me after they plead guilty to minor offenses, were placed on probation, and shocked when immigration agents arrested them and locked them up pending deportation. One was a 20 year old woman,… Read More »

What does 3g mean?

Sometimes you’ll hear defendants and their lawyers and prosecutors talk about “3g offenses.” They’re referring to Sec. 3g of Article 42.12 of the Texas Code of Criminal Procedure, captioned Limitation on Judge Ordered Community Supervision. A judge cannot order probation to a defendant adjudged guilty of numerous serious offenses, including murder, indecency with a child,… Read More »

When Loaning Your Roommate a Xanax Bar Makes You a Drug Dealer

Hey, Can You Spare a Couple of Xanax Bars? National Inventory of the Collateral Consequences of Conviction, or how a minor drug offense can ruin your life. Collateral consequences are the bad things that happen to a person convicted of a crime, in addition to the criminal penalties themselves (direct consequences). If you are charged… Read More »

Is a criminal trial a “search for the truth”?

For a good exploration of the idea of a trial as a truth seeking inquiry, I recommend an online essay by Harvard Law Professor Alan Dershowitz, described by Frontline as a clear and compelling explanation by renowned legal expert Alan Dershowitz on how there are several kinds of “truths” in a criminal trial — as… Read More »