FAQs: Criminal Defense - Page 3

Public Intoxication vs. Open Container Texas liquor laws are often confusing for many residents. Behavior that seems harmless enough can easily land you in hot water with...

Is It Shoplifting If Items Stay in the Store? Shoplifting is one of the more common misdemeanor crimes that occur in Texas. Legally speaking, shoplifting is a form of theft, and...

Must Prosecutors Name Confidential Informants? Texas law enforcement often relies on “confidential informants” to assist them in making drug arrests. By law, the prosecution may continue to...

Can Bail Jumping Be Used Against You? When you are charged with a criminal offense in Texas, the court will set bail as a condition of your release pending...

When Additional Allegations Create Prejudice An issue that often comes up in the trial of domestic violence cases is the admission of evidence regarding “extraneous offenses.” That...

Robbery vs. Aggravated Robbery in Texas Many crimes in Texas have what are known as “lesser-included offenses.” This means that based on the available evidence, a jury could...

Speeding in a Texas Construction Zone While it is always important to obey the posted speed limits on Houston-area roads, you need to be especially careful when driving...

What to Do When Police Knock When Police Officers Knock on Your Door, What Should You Do? Two police officers knock on your door. The cops are present...

Skipping Anger Management After Conviction Criminal domestic violence charges do not automatically mean jail time. In many cases, particularly with first-time offenders, a judge will sentence a...

Is Drag Racing a Crime in Texas? Drag racing is a popular sport in Texas. But it is important to distinguish the legal, organized sport of drag racing–i.e., events...

Can Filing a False Police Report Be a Crime? Lying to the police is not just a bad idea. It can land you in serious legal trouble. Filing a “false report...

Can Pedestrians Get Traffic Tickets? Not all traffic violations involve actions you make while driving a vehicle. Even if you are simply walking down a public street,...

Can Probation Admissions Hurt Self-Defense Claims? Any criminal charge is a serious matter. But if you are already on probation–or community supervision, as it is known in Texas–for...

Prosecutor Duty to Disclose Evidence There is a basic rule in criminal defense law that a defendant cannot advance a legal theory on appeal if they did...

Can Police Search Probationers Without a Warrant? Many drug charges in Texas are resolved by a plea bargain where the defendant is placed on community supervision (probation) in lieu...

Penalty for Resisting Arrest in Texas When a police officer detains you, it is important to remember that you have certain constitutional rights. For instance, you do not...

Can Recanted Accusations Still Lead to Conviction? Domestic violence is a serious matter under Texas law. In some cases it can lead to felony charges and put a defendant...

Driving With an Expired License Anytime that you are stopped by a police officer for a traffic violation, you must present your driver's license. Most Texas driver's...

Can a Jury Consider Outside Evidence? One of the most important principles of criminal defense law in Texas is that every defendant has the right to trial by...

Penalty for Using Counterfeit Money in Texas Theft is theft even when there is no violence involved. For example, if you “purchase” goods from a store using counterfeit currency,...

Can a Jury Infer an Abuse Timeline? Many sex offenses and sex crimes have very specific definitions under Texas law. So when a particular offense includes certain elements, it...

Can a DWI Cost Me My Handgun License? If you have never been in trouble with the law before, a DWI charge might not seem like a big deal. After...

Invalid License Penalties in Texas Most of us know the drill when a police officer stops on suspicion of a traffic violation. Among other steps, the officer...

Supreme Court Civil Forfeiture Ruling We all learned in school that everyone is “innocent until proven guilty” and that no person can be punished without “due process...

Employment Tax Violations Can Lead to Jail White collar crimes cover a variety of offenses in Texas. For instance, one of the more common types of white-collar charge involve...

Can Juries Hear From Other Accusers? As a general rule, prosecutors cannot show that you committed a crime by pointing to other bad acts you might have committed...

Driving Without Proof of Insurance in Texas When stopped by a police officer on suspicion of a traffic violation, a driver is typically asked to produce “proof of financial...

Can Police Search You During a Weapons Frisk? Drug charges obviously require drugs. And police typically recover drugs when they search suspects or their property. As you probably know, the...

Can a Judge Stack Sentences in Texas? In Texas criminal law, it is possible for a defendant to be charged with multiple crimes arising from the same incident. Under...

Is It Open Container If You Are Not Driving? You may not realize this, but you can be tried and convicted of a DWI with an open container violation even if...