Blog Posts in 2013

In Texas, the State has the burden of proof in a criminal case. The State's burden is to prove the Defendant's guilt beyond a reasonable doubt. What is the definition of beyond a reasonable ...

A 12.44(b) is what everybody wants, but very few people actually get. Section 12.44(b) of the Texas Penal Code provides in part: “at the request of the prosecuting attorney, the court may authorize ...

I am often asked by clients "Can I get a 12.44(a)?" Before I answer this question, I want to make it clear that a 12.44(a) only applies to individuals that are either not eligible for probation, or do ...

A motion to suppress is used to challenger the admissibility of illegally obtained evidence. Article 38.23 provides that" no evidence obtained by an officer or other person in violation of any ...

The only offenses that are statutorily barred from receiving deferred adjudication are offenses under chapter 49 of the Texas Penal Code. Those offenses are DWI, boating while intoxicated, flying ...

"The cops never read me my rights!" I get asked about this topic all the time. The police are not required to read Miranda rights to anyone. The police are only require to read an individual his or ...