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criminal defense Archives

When is a police search of your vehicle lawful?

If a police search of your vehicle has resulted in your arrest, then you may be wondering what your options are in your case. That greatly depends on whether the search of your car was lawful in the first place. If it wasn't, then any of the potentially incriminating evidence that law enforcement seized may be able to be suppressed. That's why it's important that you know when police can lawfully search your car.

Paper suggests ways to reduce juror racial bias

Criminal defense attorneys in Texas can reduce juror racial bias by addressing discrimination during trials and pretrial hearings, according to a new paper by an assistant federal public defender in Arizona. The document dealt with bias against Latinos, but its findings could be applied to any minority defendant.

Unreliable psychological tests often used in courtrooms

Many psychological and IQ tests that are used in courtrooms in Texas and across the country may be unreliable. The use of such tests may sway a jury, influence custody decisions or result in a person being denied bail or sentenced to capital punishment. A recent study looked at the validity of such tests.

Texas woman sentenced on federal drug conspiracy charges

A Texas woman was sentenced to spend 140 months in a federal correctional facility to be followed by five years of supervised release on Dec. 2 for conspiring to distribute marijuana and methamphetamine. The 25-year-old Hidalgo County resident learned of her fate during a sentencing hearing held at the U.S. District Court for the Southern District of Texas. The woman admitted her role in the conspiracy to federal prosecutors in February 2018. She could have been sentenced to life imprisonment if she had been found guilty after a trial.

Learn about departures and variances in federal sentences

Sentencing in federal courts is a complicated procedure. Confusion exists between departures and variances from the sentencing guidelines. Texas residents may be interested in learning the difference between the two, which may be able to help a person get a better outcome in court.

A felony conviction can cast a long shadow

The consequences of a felony conviction in Texas and around the country go far beyond spending some time behind bars. Convicted felons lose the right to vote, are barred from many jobs, face travel restrictions and may even lose custody of their children. Some may think that this is a fair price to pay when an individual has been convicted of a violent crime like murder or rape, but the vast majority of felonies are nonviolent, and many felons were convicted of behavior that most people would not even consider criminal.

2 Texas men accused of stealing and forging money orders

Detectives from the Abilene Fraud, Cyber Crimes and Special Victim's unit arrested two men after obtaining a search warrant for an apartment in north Abilene on Washington Street. The search warrant arose from an investigation into the theft of money orders that were allegedly forged and used to pay a local business. Officers reported that one of the men attempted to prevent their entry by barricading a door, but they eventually forced their way inside.

Coercive plea bargaining is common in criminal cases

A recent Pew Research Center study reveals that only 6% of state criminal prosecutions around the country go to trial. Plea bargains are even more common in the federal system with 97% of prosecutions being resolved in this way. Texas prosecutors like plea agreements because they are quick and straightforward and allow them to avoid the risks of arguing their cases before a jury, but civil rights advocates are disturbed by some of the tactics they use to obtain them.

Civil rights groups want all prosecutors to keep Brady lists

Prosecutors in Texas and other states have received letters from progressive advocacy groups including Black Lives Matter and the American Civil Liberties Union. The letters were written after media outlets in Florida exposed violent and racist Facebook posts written by sheriff's deputies, and they ask prosecutors not to pursue criminal cases that rely on testimony from police officers with a history of misconduct, bias or racism. The letters also urge prosecutors to compile lists of officers with troubled pasts that may be shared with criminal defendants and their lawyers.

Study: Asset forfeiture does not help fight crime

Despite the claims of law enforcement associations, one study indicates that civil asset forfeiture has little impact on solving or reducing crime in Texas and across the country. Civil asset forfeiture allows police departments to seize property that they suspect of being connected in some way to criminal activity. According to the report by the Institute of Justice, there was no link between the amount of forfeiture funds received by state and local law enforcement agencies and drug use rates or the percentage of cases solved.

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