2022 Articles

33 articles published in 2022 by Board Certified Houston criminal defense attorneys and former prosecutors.

• Texas Code of Criminal Procedure Art. 2.023 — Notification to Texas Department of Criminal Justice

  A Board Certified Houston criminal defense attorney explains Texas Code of Criminal Procedure Art. 2.023, the notice the State must give the TDCJ when re-indicting certain prior '3G' offenders.

• Texas Code of Criminal Procedure Art. 2.022 — Assistance of Texas Rangers

  A Board Certified Houston criminal defense attorney explains Texas Code of Criminal Procedure Art. 2.022 and when the Texas Rangers may be requested to assist a local investigation.

• What Is the Punishment for DWI in Houston, Texas?

  A Board Certified Houston DWI attorney explains the punishment ranges for DWI in Texas — first offense through habitual felony, DWI with a child, open container, and enhancements.

• Texas Code of Criminal Procedure Art. 2.021 — Duties of Attorney General

  A Board Certified Houston criminal defense attorney explains Texas Code of Criminal Procedure Article 2.021, the Duties of the Attorney General, and the Violent Crimes and Major Offenders division.

• How to Find the Best Lawyer for Criminal Cases in Houston, Texas

  How do you find the best criminal defense attorney in Houston? A Board Certified Houston criminal lawyer explains the five things to look for — experience, certifications, communication, cost, and honesty.

• Top Three Crimes People Are Arrested For on Christmas Day

  A Board Certified Houston criminal defense attorney explains the top three crimes people are arrested for on Christmas Day — public intoxication, theft, and assault family violence.

• Top 3 Crimes People Are Arrested for on Christmas

  Assault family member, DWI, and public intoxication fill the Harris County jail every Christmas. Former prosecutors explain why, what each charge carries, and how to keep a holiday argument or a few drinks from becoming a criminal record.

• Texas Code of Criminal Procedure Art. 2.02 — Duties of County Attorneys

  A former prosecutor and Board Certified Houston criminal defense attorney explains Texas Code of Criminal Procedure Art. 2.02 and the criminal duties of county attorneys in Texas.

• Texas Code of Criminal Procedure Art. 2.01 — Duties of District Attorneys

  A former prosecutor and Board Certified Houston criminal defense attorney explains Texas Code of Criminal Procedure Art. 2.01, the Duties of District Attorneys, and the duty to see that justice is done.

• Texas Code of Criminal Procedure Art. 1.26–1.27 — Construction of This Code & Common Law Governs

  A Board Certified Houston criminal defense attorney explains Texas Code of Criminal Procedure Articles 1.26 and 1.27 — liberal construction of the code and how the common law governs where the code is silent.

• Texas Code of Criminal Procedure Art. 1.24–1.25 — Public Trial & Confrontation

  A Board Certified Houston criminal defense attorney explains Texas Code of Criminal Procedure Articles 1.24 and 1.25 — the right to a public trial and the right to be confronted by the witnesses against you.

• Texas Code of Criminal Procedure Art. 1.23 — Dignity of the State

  A Board Certified Houston criminal defense attorney explains Texas Code of Criminal Procedure Art. 1.23, the 'Dignity of the State,' and the required charging-instrument phrases.

• Texas Code of Criminal Procedure Art. 1.21 — Privilege of Legislators

  A Board Certified Houston criminal defense attorney explains Texas Code of Criminal Procedure Art. 1.21, the privilege of legislators from arrest during the legislative session, and its narrow exceptions.

• Texas Code of Criminal Procedure Art. 1.20 — Conviction of Treason

  A Board Certified Houston criminal defense attorney explains Texas Code of Criminal Procedure Art. 1.20, the two-witness requirement for a treason conviction, and its constitutional roots.

• Texas Code of Criminal Procedure Art. 1.18–1.19 — Outlawry & Corruption of Blood

  A Board Certified Houston criminal defense attorney explains Texas Code of Criminal Procedure Articles 1.18 and 1.19 — outlawry, transportation, and corruption of blood.

• Texas Code of Criminal Procedure Art. 1.17 — Religious Belief

  A Board Certified Houston criminal defense attorney explains Texas Code of Criminal Procedure Art. 1.17, religious belief and testimony, oaths and affirmations, and Torcaso v. Watkins.

• When You Get Arrested in Houston, Texas — 700 N San Jacinto St

  A Houston criminal defense attorney explains what happens when you get arrested in Houston — the Joint Processing Center at 700 N San Jacinto, Probable Cause Court, and bond.

• Texas Code of Criminal Procedure Art. 1.01–1.03

  An introduction to the Texas Code of Criminal Procedure from a Houston criminal defense attorney — Articles 1.01 through 1.03, including the Code's stated objects: a fair trial, protection of the innocent, and certain, speedy punishment.

• Texas Code of Criminal Procedure Art. 1.16 — Liberty of Speech and Press

  A Board Certified Houston criminal defense attorney explains Texas Code of Criminal Procedure Art. 1.16, liberty of speech and of the press, and New York Times Co. v. Sullivan.

• Texas Code of Criminal Procedure Art. 1.15 — Jury in Felony

  A Board Certified Houston criminal defense attorney explains Texas Code of Criminal Procedure Art. 1.15, the evidence required to support a felony plea, and the stipulation and judicial confession.

• Texas Code of Criminal Procedure Art. 1.141 — Waiver of Indictment for Noncapital Felony

  A Board Certified Houston criminal defense attorney explains Texas Code of Criminal Procedure Art. 1.141, waiver of indictment for a noncapital felony, and how the grand jury process works.

• Houston DWI Investigation and Prosecution

  A Board Certified Houston criminal defense attorney walks through how a Houston DWI investigation and prosecution works — from the vehicle-in-motion phase and field sobriety tests to blood warrants and probable cause court.

• Texas Code of Criminal Procedure Art. 1.14 — Waiver of Rights

  A former prosecutor and Board Certified Houston criminal defense attorney explains Texas Code of Criminal Procedure Art. 1.14, waiver of rights, and why charging-instrument defects must be raised before trial.

• Texas Code of Criminal Procedure Art. 1.11–1.13 — Acquittal a Bar, Right to Jury, Waiver of Trial by Jury

  A Board Certified Houston criminal defense attorney explains Texas Code of Criminal Procedure Articles 1.11, 1.12, and 1.13 — acquittal as a bar, the right to a jury trial, and how a jury trial may be waived.

• Texas Code of Criminal Procedure Art. 1.08–1.10 — Habeas Corpus, Cruelty Forbidden & Jeopardy

  A Board Certified Houston criminal defense attorney explains Texas Code of Criminal Procedure Articles 1.08, 1.09, and 1.10 — habeas corpus, cruel and unusual punishment, and double jeopardy.

• Texas Code of Criminal Procedure Art. 1.07 — Right to Bail

  A Board Certified Houston criminal defense attorney explains Texas Code of Criminal Procedure Art. 1.07, the right to bail, and the 2022 bail reform changes.

• Texas Code of Criminal Procedure Art. 1.06 — Searches and Seizures (Texas' 4th Amendment)

  A Board Certified Houston criminal defense attorney explains Texas Code of Criminal Procedure Art. 1.06, Texas's version of the 4th Amendment, and the exceptions to the warrant requirement.

• Texas Code of Criminal Procedure Art. 1.053 — Present Ability to Pay

  A Board Certified Houston criminal defense attorney explains Texas Code of Criminal Procedure Art. 1.053, present ability to pay, and how bail, bonds, and fines work in Texas.

• Texas Code of Criminal Procedure Art. 1.052 — Signed Pleadings of Defendant

  A Board Certified Houston criminal defense attorney explains Texas Code of Criminal Procedure Art. 1.052 on signed pleadings, what a certification means, and arguing for a change in the law.

• Fighting Criminal Charges in Harris County

  Former prosecutors Brian Foley and Luis Baez explain what to expect when fighting criminal charges in Harris County, including the bystander effect and the challenges of a massive court system.

• Texas Code of Criminal Procedure Art. 1.051 — Right to Representation by Counsel

  A Board Certified Houston criminal defense attorney explains Texas Code of Criminal Procedure Art. 1.051, the right to counsel, appointment of counsel for the indigent, and waiving counsel.

• Texas Code of Criminal Procedure Art. 1.04 & 1.05 — Due Course of Law & Rights of Accused

  A Board Certified Houston criminal defense attorney explains Texas Code of Criminal Procedure Articles 1.04 and 1.05 — due course of law and the rights of the accused.

• Texas Code of Criminal Procedure Blog — Chapter 1

  A Board Certified Houston criminal defense attorney begins a comprehensive blog series on the Texas Code of Criminal Procedure, starting with Chapter 1 and the objects of the code.