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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 »

WARNING TO ALL THE NIGERIAN/ALBANIAN LOWLIFE SCAMSTER LOWLIFES

I get at least 10 of your scam emails a day, claiming you have a divorce settlement action, or a collection action ‘in your jurisdiction.’ I’m fed up, and fighting back. I will respond, and have you waste your time and money going to post offices, paying postage and fed-x fees, and wasting time with… Read More »

Proper Dress and Etiquette for Court

I am constantly amazed at how some people dress when they go to court. Defendants charged with drug offenses show up in baggy t-shirts with pictures of Bob Marley smoking a joint. Some look like they got dressed to stand on a street corner selling cocaine, in football jerseys and baggy shorts and sporting gold… 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 »

Texas Department Public Safety Lab Scandal – Cases Thrown Out

Nearly 5,000 cases “may all be jeopardized” by DPS lab worker misconduct Gritsforbreakfast (the best blog on Texas criminal law) reports that potentially all of the 4,944 cases worked by a since-discredited DPS crime lab worker may be thrown out, and this morning an appellate case summary posted at the prosecutors’ association agreed that those… Read More »

No Evidentiary Privilege for AA Fifth Step Confessions

They say that confession is good for the soul. The 12 step programs enshrine this idea in the Fifth Step, where the recovering alcoholic or addict “admits to God, ourselves and to another human being the exact nature of our wrongs.” What if the penitent has committed a crime? Take, for example, Michael Skakel, a… 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 »