Blog Posts in 2011

  • K-9 Sniff and Search. In short, they can.

    || 6-Oct-2011

    Ever wondered about the legality of a K-9 search? The Fourth Amendment of the Constitution guards against unreasonable search and seizures. In providing individuals' protection, it also requires search warrants be supported by probable cause. This probable cause they speak of "exists when reasonably trustworthy facts and circumstances within the knowledge of the officer on scene would ...
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  • Victories in the Criminal Courtroom

    || 25-Aug-2011

    You win some, you lose some. That's the way life goes, right? Well for a defense attorney, winning doesn't always come with those famous two words. "Not Guilty." Sometimes a victory comes with simply making your client happy and listening to what they want. After all, we are advocates. Recently I found myself caught in one of the true defense attorney dilemmas. My desired outcome ...
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  • Here's the deal, if someone is on a felony probation and they commit a new crime, stop reporting, or otherwise have continued serious violations, they will go to prison. On the other hand, Tarrant County's current system of progressive sanctions allows relatively minor infractions to be treated with the proverbial slap on the hand. Well, there's a new program in town. S upervision W ...
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  • Everybody Get Footloose

    || 12-Jan-2011

    Footloose is a classic movie with a very catchy song. Under Texas Law, it also has a few criminal actions. Standing between two moving cars on a highway is undoubtedly unsafe and probably constitutes reckless driving. A person commits the offense of reckless driving if they drive a vehicle in a willful or wanton disregard for the safety of persons or property under TRC § 545.401. An offense ...
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  • Never is an Awfully Long Time

    || 5-Jan-2011

    Watch the clip here. While "Peter Pan" may be a staple children's movie, there is quite a lot of illegal activity taking place throughout the movie. We will start with the "Lost Boys". Assuming they did not all just leave like Wendy did, they may have been abandoned. Abandoning a child under the Texas Penal Code§ 22.041 means to leave a child in any place without ...
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