2023 Articles

122 articles published in 2023 by Board Certified Houston criminal defense attorneys and former prosecutors.

• Houston Unlawful Carrying of a Weapon Lawyer

  A Board Certified Houston unlawful carrying of a weapon lawyer explains Penal Code Chapter 46, the plain view exception, and the Kelly v. State case on 'on or about his person.'

• Unlawful Carrying of a Weapon Charges in Houston, Texas

  Brian Foley, managing partner at Houston Criminal Defense Attorneys PLLC, breaks down the two subsections that most often lead to Unlawful Carrying of a Weapon (UCW) charges in Texas.

• Can you get a theft from Wal-Mart case dismissed?

  Can you get a theft from Walmart case dismissed? The short answer is yes. We explore the legal aspects of Walmart theft cases and the strategies your criminal defense attorney may employ to secure a dismissal.

• Finding the Best Criminal Lawyer in Houston

  Finding the best criminal lawyer in Houston — insights from Board Certified criminal defense attorney Brian Foley.

• Texas Code of Criminal Procedure Art. 3.02 — Criminal Actions

  Article 3.02 of the Texas Code of Criminal Procedure defines the nature of a criminal action and the parties involved — and why the victim is not a party to a criminal offense.

• Texas Penal Code 8.01 — Insanity Defense

  Texas Penal Code Section 8.01 addresses insanity as an affirmative defense to criminal prosecution. Houston Criminal Defense Attorneys explain the standard, the burden of proof, and the case law.

• Texas Penal Code § 8.06 — Entrapment

  A Houston criminal defense attorney explains Texas Penal Code Section 8.06, the entrapment defense, the inducement requirement, and Hernandez v. State.

• Will I Lose My Real Estate License Because of a DWI or Other Criminal Charge?

  A Houston criminal defense attorney explains how a DWI or other criminal charge can affect a Texas Real Estate Commission license and how to protect it.

• Texas Penal Code § 7.21 — Corporations, Associations, LLCs (Definitions)

  A Houston criminal attorney explains Texas Penal Code Section 7.21, the definitions governing criminal responsibility for corporations, associations, and LLCs.

• Texas Penal Code 7.22 — Corporate Criminal Law

  Texas Penal Code 7.22 outlines when corporations, associations, LLCs, and other business entities can be held criminally responsible for offenses committed by their agents.

• Texas Penal Code 7.23 — Corporate Criminal Responsibility

  Texas Penal Code Section 7.23 governs the criminal responsibility of individuals acting on behalf of corporations, associations, LLCs, or other business entities.

• Texas Penal Code § 7.24 — Defense to Corporate Criminal Law

  A Houston criminal attorney explains Texas Penal Code Section 7.24, the affirmative defense of due diligence for corporations, associations, LLCs, and other business entities.

• Texas Penal Code § 6.04 — Causation: Conduct and Results

  A Houston criminal attorney explains Texas Penal Code Section 6.04, causation, the 'but for' standard, concurrent causes, and how Otto v. State applies.

• Texas Penal Code 7.01 — Parties to Offenses

  Texas Penal Code Sec. 7.01 outlines 'Parties to Offenses' — how a person can be held criminally responsible for the conduct of another, abolishing the distinction between principals and accomplices.

• Texas Penal Code 7.03 — Defenses Excluded

  Texas Penal Code Sec. 7.03 deals with criminal responsibility for the conduct of another and the two defenses that are excluded when the actor is a party to the offense.

• Texas Penal Code § 7.02 — Criminal Responsibility for Conduct of Another

  A Houston attorney explains Texas Penal Code Section 7.02, the law of parties, the three scenarios of criminal responsibility for another's conduct, and conspiracy liability.

• Texas Penal Code § 8.04 — Intoxication as a Defense

  A Houston criminal attorney explains Texas Penal Code Section 8.04, why voluntary intoxication is not a defense, and how temporary insanity from intoxication can mitigate a penalty.

• Texas Penal Code § 8.05 — The Defense of Duress

  Forced to commit a crime under threat? A former prosecutor explains the Texas duress defense in Penal Code § 8.05 — the imminence requirement, the felony vs. misdemeanor standards, the 'self-placed' exception, and how it is proven.

• Texas Code of Criminal Procedure Art. 3.01 — Words and Phrases (Definitions)

  Houston Criminal Attorney Brian Foley, Board Certified in Criminal Law, discusses Texas Code of Criminal Procedure Art. 3.01, legal definitions, and the canons of construction.

• Texas George Floyd Law — Code of Criminal Procedure Art. 2.33

  Texas Law and the George Floyd Incident: a new era for policing. Article 2.33 addresses the use of neck restraints during search or arrest, the duty to render aid, and drone use-of-force policies.

• Houston Possession of a Controlled Substance Lawyer

  A Board Certified Houston possession of a controlled substance lawyer explains Penalty Group One, how possession is defined, the punishment ranges, and the 12.44(a) plea.

• Bellaire, Texas — DWI Attorney

  A Bellaire, Texas DWI attorney explains how DWI cases are handled in Bellaire, how to beat a DWI blood test, blood warrants, testing procedures, and the punishment ranges.

• Texas Penal Code § 8.03 — Mistake of Law

  Is not knowing the law a defense in Texas? A former prosecutor explains Penal Code § 8.03 — the general rule that ignorance is no excuse, the 'official statement' exception, and how it differs from mistake of fact.

• Houston DWI Attorney — Beating a Blood Test

  Houston DWI Attorney reveals how to beat a DWI blood test — the disconnect theory, attacking the blood test, the science of blood testing, and prosecutorial inexperience.

• Houston DWI Attorney — Breath Test Information

  Exploring breath test cases in DWI: insights from a Houston DWI attorney on portable breath tests, the Intoxilyzer, challenging results, and the 0.15 threshold.

• Texas Code of Criminal Procedure Art. 2.32 — Electronic Recording of Custodial Interrogations

  A Houston criminal attorney explains Texas Code of Criminal Procedure Article 2.32 — the electronic recording of custodial interrogations, the offenses it covers, and the good-cause exceptions.

• Navigating the Complexities of a Houston DWI Case: How a DWI Attorney Can Help

  A Board Certified Houston DWI attorney explains how a lawyer can challenge field sobriety tests, from improper administration and medical conditions to environmental factors and officer bias.

• Texas Code of Criminal Procedure Art. 2.31 — County Jailers

  A Houston criminal defense lawyer explains Texas Code of Criminal Procedure Art. 2.31 and the authority of county jailers to execute lawful process on people confined in their jails.

• Houston Criminal Defense Attorney — Navigating Legal Challenges in Houston, Texas

  A Board Certified Houston criminal defense attorney explains the role of defense counsel, why you need one, helpful Houston resources, and how Houston Criminal Defense Attorneys PLLC can help.

• Texas Code of Criminal Procedure Art. 2.305 — Report Required Concerning Human Trafficking Cases

  A Board Certified Houston criminal defense attorney explains Texas Code of Criminal Procedure Art. 2.305 and the human-trafficking reporting requirements for law enforcement and prosecutors.

• Texas Code of Criminal Procedure Art. 2.30 — Report Concerning Certain Assaultive or Terroristic Offenses

  A Board Certified Houston criminal defense attorney explains Texas Code of Criminal Procedure Art. 2.30, the reporting requirements and victim information rights for certain assaultive and terroristic offenses.

• Best DWI Lawyer in Houston, Texas — Questions Answered

  Brian Foley answers the ten best questions to ask a DWI lawyer in Houston, Texas — penalties, experience, strategies, trial vs. plea, fees, and board certification.

• Texas Code of Criminal Procedure Art. 2.295 — Reports of Unauthorized Financial Information

  Houston Criminal Defense Attorney Brian Foley, Board Certified in Criminal Law, explains Texas Code of Criminal Procedure Art. 2.295 and its reporting requirements for unauthorized acquisition or transfer of financial information under Section 31.17.

• Texas Code of Criminal Procedure Art. 2.29 — Report Required in Connection with Fraudulent Use or Possession of Identifying Information

  A Board Certified Houston criminal defense attorney explains Texas Code of Criminal Procedure Art. 2.29 and the reporting peace officers must make in fraudulent-use-of-identifying-information cases.

• Texas Code of Criminal Procedure Art. 2.28 — Duties Regarding Misused Identity

  Criminal Defense Attorney in Houston Brian Foley, Board Certified in Criminal Law, explains Texas Code of Criminal Procedure Art. 2.28 and law enforcement's duties when an arrested person misuses someone's identity.

• Assault Family Member Arrests in Texas — Frequently Asked Questions

  Arrested for assault family member in Houston? A former Domestic Violence Unit prosecutor answers the questions everyone asks — going home, no-contact orders, whether the victim can drop charges, gun rights, and clearing your record.

• DWI Open Container — Houston Criminal Defense Attorneys

  A DWI with an open container carries a six-day minimum jail term in Texas. Former Vehicular Crimes prosecutors explain Penal Code § 49.04(c), what counts as an open container, and how the enhancement is beaten.

• Texas Code of Criminal Procedure Art. 2.28 — Duties Regarding Misused Identity

  Houston Criminal Defense Attorney Brian Foley explains Texas Code of Criminal Procedure Art. 2.28 and what law enforcement must do when someone's identifying information is falsely used by an arrested person.

• Texas Code of Criminal Procedure Art. 2.273 — Release of Child by Law Enforcement Officer

  Houston Criminal Defense Attorney Brian Foley, Board Certified in Criminal Law, explains Texas Code of Criminal Procedure Art. 2.273 — the release of a child taken into custody under Section 262.104 of the Family Code.

• Texas Code of Criminal Procedure Art. 2.272 — Law Enforcement Response to Child Safety Check Alert

  A Board Certified Houston criminal defense attorney explains Texas Code of Criminal Procedure Art. 2.272 and how peace officers must respond when they locate a child on the child safety check alert list.

• Houston DWI Attorney — Cross Examining a Police Officer on Field Sobriety Tests

  How a Houston DWI attorney effectively cross-examines a police officer on the standardized field sobriety tests — HGN, Walk and Turn, and One Leg Stand.

• Texas Code of Criminal Procedure Art. 2.271 — Investigation of Certain Reports Alleging Abuse, Neglect, or Exploitation

  A Board Certified Houston criminal defense attorney explains Texas Code of Criminal Procedure Art. 2.271 and law enforcement's duty to investigate reports of abuse, neglect, or exploitation in care facilities.

• Texas Code of Criminal Procedure Art. 2.27 — Investigation of Certain Reports Alleging Abuse

  Art. 2.27 of the Texas Code of Criminal Procedure addresses the joint investigation of reports alleging immediate risk of abuse of a child and reports of abuse or neglect in nursing homes.

• Texas Code of Criminal Procedure Art. 2.26 — Digital Signature and Electronic Documents

  A Board Certified Houston criminal defense attorney explains Texas Code of Criminal Procedure Art. 2.26 on digital signatures and electronic documents in criminal matters.

• Houston DWI Attorney — Beating a Blood Test DWI

  A Board Certified Houston DWI attorney explains how to challenge a DWI blood test in court, the disconnect theory, how blood testing works, and the penalties in Texas.

• Texas Code of Criminal Procedure Art. 2.25 — Reporting Certain Aliens to Federal Government

  Art. 2.25 of the Texas Code of Criminal Procedure requires judges to report certain convicted individuals to federal immigration authorities. A Houston criminal defense attorney explains, including Padilla v. Kentucky.

• Texas Penal Code § 6.03 — Definitions of Culpable Mental States

  What do 'intentionally,' 'knowingly,' 'recklessly,' and 'criminal negligence' mean in Texas? A former prosecutor explains Penal Code § 6.03 and how the mental state decides the charge, the punishment, and the defense.

• Texas Code of Criminal Procedure Art. 2.24 — Authenticating Officer

  Understanding Texas law: the role of an authenticating officer under Article 2.24 of the Texas Code of Criminal Procedure.

• Illegal Traffic Stops for DWI in Houston, Texas

  A Board Certified Houston criminal defense attorney explains illegal traffic stops in DWI cases through Whren v. U.S., Klare v. State, and State v. Hardin, and what reasonable suspicion requires.

• Texas Code of Criminal Procedure Art. 2.23 — Report to Attorney General

  A Board Certified Houston criminal defense attorney explains Texas Code of Criminal Procedure Art. 2.23 and the duty of clerks, state agencies, and prosecutors to report records to the Attorney General for federal habeas review.

• Texas Penal Code § 6.02 — Requirement of Culpability

  Does every Texas crime require a guilty mind? A former prosecutor explains Penal Code § 6.02 — the culpability requirement, the default 'recklessly' standard, strict-liability exceptions, and how the rule shapes a defense.

• Texas Code of Criminal Procedure Art. 2.212 — Writ of Attachment Reporting

  A Board Certified Houston criminal defense attorney explains Texas Code of Criminal Procedure Art. 2.212 and the reporting requirements for writs of attachment in criminal proceedings.

• Theft Charges in Houston, Texas — a Former Prosecutor Explains

  Former prosecutor Brian Foley explains theft charges in Houston, Texas in this helpful video.

• Texas Code of Criminal Procedure Art. 2.211 — Hate Crime Reporting

  A Board Certified Houston criminal defense attorney explains Texas Code of Criminal Procedure Art. 2.211 and the clerk's duty to report hate crime requests to the Texas Judicial Council.

• Houston Criminal Defense Attorneys PLLC: Your Trusted Advocates in Houston

  Houston Criminal Defense Attorneys PLLC provides experienced, personalized, and aggressive criminal defense representation in Houston, Texas.

• Texas Code of Criminal Procedure Art. 2.21 — Duty of Clerks

  A Board Certified Houston criminal defense attorney explains Texas Code of Criminal Procedure Art. 2.21, the duties of the clerk, exhibits, and the disposal of eligible exhibits.

• Texas Code of Criminal Procedure Art. 2.20 — Deputy

  A Board Certified Houston criminal defense attorney explains Texas Code of Criminal Procedure Art. 2.20, the duties of a deputy, and who performs the sheriff's duties when there is no sheriff.

• Texas Code of Criminal Procedure Art. 2.195 — Report of Warrant or Capias Information

  A Board Certified Houston criminal defense attorney explains Texas Code of Criminal Procedure Art. 2.195 and the sheriff's duty to report warrants or capias information to the NCIC.

• Texas Code of Criminal Procedure Art. 2.19 — Report as to Prisoners

  A Board Certified Houston criminal defense attorney explains Texas Code of Criminal Procedure Art. 2.19, the sheriff's monthly report as to prisoners in custody, and why it matters.

• Texas Code of Criminal Procedure Art. 2.18 — Custody of Prisoners

  A Board Certified Houston criminal defense attorney explains Texas Code of Criminal Procedure Art. 2.18, the custody of prisoners, and the sheriff's duty when a defendant is committed to jail.

• Texas Code of Criminal Procedure Art. 2.17 — Conservator of the Peace (Duties of Sheriff)

  A Board Certified Houston criminal defense attorney explains Texas Code of Criminal Procedure Art. 2.17 and the duties of sheriffs as conservators of the peace.

• Top Questions About Assault Family Member in Houston, Texas

  Who counts as a 'family member'? Does bodily injury need a mark? Why is a second offense a felony? A former Domestic Violence Unit prosecutor answers the top questions about assault family member charges in Harris County.

• Texas Code of Criminal Procedure Art. 2.16 — Neglecting to Execute Process

  A Board Certified Houston criminal defense attorney explains Texas Code of Criminal Procedure Art. 2.16 and the penalties for officers who willfully neglect to execute legal process.

• Texas Code of Criminal Procedure Art. 2.14 & 2.15 — May Summon Aid

  A Board Certified Houston criminal defense attorney explains Texas Code of Criminal Procedure Art. 2.14 and 2.15, a peace officer's authority to summon citizen aid, and the duty to obey.

• Texas Code of Criminal Procedure Art. 2.1397 — Duties of Law Enforcement Agency Filing Case

  A Board Certified Houston criminal defense attorney explains Texas Code of Criminal Procedure Art. 2.1397 and how it works with Article 39.14, the Michael Morton Act, to require disclosure of evidence.

• Texas Code of Criminal Procedure Art. 2.1396 — Video Recordings of Arrests for Intoxication Offenses

  A Board Certified Houston criminal defense attorney explains Texas Code of Criminal Procedure Art. 2.1396 and your right to a copy of arrest video in DWI and other intoxication cases.

• Texas Code of Criminal Procedure Art. 2.13951 — Notice of Violation of Reporting Requirements; Civil Penalty

  A Board Certified Houston criminal defense attorney explains Texas Code of Criminal Procedure Art. 2.13951 and the civil penalties for law enforcement agencies that fail to submit officer injury/death reports.

• Texas Code of Criminal Procedure Art. 2.1395 — Reports Required for Certain Injuries or Deaths of Peace Officers

  A Board Certified Houston criminal defense attorney explains Texas Code of Criminal Procedure Art. 2.1395 and the reporting required when a non-officer discharges a firearm and injures or kills a peace officer.

• Texas Code of Criminal Procedure Art. 2.139 — Reports Required for Officer-Involved Injuries or Deaths

  A Board Certified Houston criminal defense attorney explains Texas Code of Criminal Procedure Art. 2.139 and the reporting required for officer-involved injuries or deaths.

• Texas Code of Criminal Procedure Art. 2.1387 — Intervention Required for Excessive Force

  A Board Certified Houston criminal defense attorney explains Texas Code of Criminal Procedure Art. 2.1387, which requires peace officers to intervene and report when they witness excessive force.

• Texas Code of Criminal Procedure Art. 2.1386 — Eyewitness Identification Protocols

  A Houston criminal defense attorney explains Texas Code of Criminal Procedure Art. 2.1386, the eyewitness identification education and training protocols, and why they matter to your defense.

• Texas Code of Criminal Procedure Art. 2.1385 — Civil Penalty

  A Board Certified Houston criminal defense attorney explains Texas Code of Criminal Procedure Art. 2.1385 and the civil penalties for law enforcement agencies that fail to submit racial-profiling data.

• Texas Code of Criminal Procedure Art. 2.138 — Rules

  A Board Certified Houston criminal defense attorney explains Texas Code of Criminal Procedure Art. 2.138 and how DPS adopts rules to implement the racial-profiling articles 2.131–2.137.

• Texas Code of Criminal Procedure Art. 2.137 — Provision of Funding or Equipment

  A Board Certified Houston criminal defense attorney explains Texas Code of Criminal Procedure Art. 2.137 and how DPS provides funds or equipment for dash and body-worn cameras.

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

  When does your right to a lawyer begin in Texas? A Houston criminal defense attorney explains Code of Criminal Procedure Art. 1.051 — the scope of the right, appointed counsel, appointment deadlines, and valid waivers.

• Texas Code of Criminal Procedure Art. 2.136 — Liability

  A Board Certified Houston criminal defense attorney explains Texas Code of Criminal Procedure Art. 2.136, peace officer immunity for racial-profiling reporting, and the limits under 42 U.S.C. § 1983.

• Is a Criminal Lawyer and Criminal Defense Lawyer the Same?

  Is a criminal lawyer and a criminal defense lawyer the same? A Board Certified Houston criminal defense attorney answers, and explains why Board Certification is the mark of a true expert.

• Texas Code of Criminal Procedure Art. 2.134 — Compilation and Analysis of Information Collected

  A Board Certified Houston criminal defense attorney explains Texas Code of Criminal Procedure Art. 2.134 and the annual racial-profiling data reporting required of law enforcement agencies.

• Texas Code of Criminal Procedure Art. 2.133 — Reports Required for Motor Vehicle Stops

  A Board Certified Houston criminal defense attorney explains Texas Code of Criminal Procedure Art. 2.133, the racial-profiling data reporting required for motor vehicle stops.

• Houston DWI Lawyer — Field Sobriety Testing

  A Board Certified Houston DWI lawyer explains the three standardized field sobriety tests — HGN, Walk and Turn, and One Leg Stand — and the clues officers look for.

• Texas Code of Criminal Procedure Art. 2.131 — Racial Profiling Prohibited

  A Board Certified Houston criminal defense attorney explains Texas Code of Criminal Procedure Art. 2.131, which prohibits racial profiling by peace officers, and how it can affect your case.

• Texas Code of Criminal Procedure Art. 2.132 — Law Enforcement Policy on Racial Profiling

  A Board Certified Houston criminal defense attorney explains Texas Code of Criminal Procedure Art. 2.132, which requires Texas law enforcement agencies to adopt a written policy on racial profiling.

• Texas Code of Criminal Procedure Art. 2.1305 — Carrying Weapon on Certain Premises

  A Board Certified Houston criminal defense attorney explains Texas Code of Criminal Procedure Art. 2.1305 and a peace officer's right to carry a weapon on the premises of establishments serving the public.

• Texas Penal Code Chapter 3 — Multiple Prosecutions

  Charged with more than one offense? A Houston criminal defense attorney explains Penal Code Chapter 3 — the 'criminal episode,' joinder in one trial, concurrent vs. consecutive (stacked) sentences, and the right to severance.

• Texas Code of Criminal Procedure Art. 2.13 — Duties and Powers of Peace Officers

  A Board Certified Houston criminal defense attorney explains Texas Code of Criminal Procedure Art. 2.13, the duties and powers of peace officers and limits on immigration-status inquiries.

• The Gender Gap in Arrests

  A Board Certified Houston criminal defense attorney examines the gender gap in arrests and incarceration in the United States, including for failure to pay child support.

• Texas Code of Criminal Procedure Art. 2.127 — School Marshals

  A Board Certified Houston criminal defense attorney explains Texas Code of Criminal Procedure Art. 2.127, school marshals, their authority, licensing, and appointment.

• Texas Penal Code Chapter 2 — Burden of Proof

  Who has to prove what in a Texas criminal case? A Houston criminal defense attorney explains Penal Code Chapter 2 — beyond a reasonable doubt, the presumption of innocence, exceptions, defenses vs. affirmative defenses, and presumptions.

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

  A Houston criminal defense attorney explains Articles 1.04 and 1.05 of the Texas Code of Criminal Procedure — due course of law and the rights of the accused: speedy trial, jury, confrontation, counsel, and the right to remain silent.

• Texas Penal Code Chapter 1 — General Provisions

  A Houston criminal defense attorney walks through Texas Penal Code Chapter 1 — the objectives of the Code, territorial jurisdiction, rules of construction, and the § 1.07 definitions every criminal statute depends on.

• Texas Code of Criminal Procedure Art. 2.126 — Tribal Peace Officers

  A Houston criminal defense attorney explains Texas Code of Criminal Procedure Art. 2.126, which authorizes peace officers commissioned by the Alabama-Coushatta and Kickapoo Traditional Tribes of Texas.

• Top Super Bowl Sunday Crimes

  A Board Certified Houston criminal defense attorney explains the most common crimes on Super Bowl Sunday — DWI, family violence assault, and robbery — and how to avoid becoming a victim or a defendant.

• Failure to Maintain a Single Lane — State v. Hardin

  A Board Certified Houston criminal defense attorney breaks down State v. Hardin, the Texas Court of Criminal Appeals opinion on failure to maintain a single lane and reasonable suspicion for a traffic stop.

• State v. Hardin — Failure to Maintain a Single Lane

  The Texas Court of Criminal Appeals held in State v. Hardin that a driver who briefly touches or crosses a lane line has not committed 'failure to maintain a single lane' unless the movement was unsafe. A former Vehicular Crimes prosecutor explains how the case is used to suppress DWI evidence in Harris County.

• Texas Code of Criminal Procedure Art. 2.125 — Special Rangers

  A Board Certified Houston criminal defense attorney explains Texas Code of Criminal Procedure Art. 2.125, the special rangers of the Texas and Southwestern Cattle Raisers Association, and famous Texas cattle theft cases.

• Texas Code of Criminal Procedure Art. 2.124 — Peace Officers From Adjoining States

  A Board Certified Houston criminal defense attorney explains Texas Code of Criminal Procedure Art. 2.124, the powers, duties, and immunities of peace officers from adjoining states while in Texas.

• Texas Code of Criminal Procedure Art. 2.123 — Adjunct Police Officers

  A Board Certified Houston criminal defense attorney explains Texas Code of Criminal Procedure Art. 2.123, adjunct (college) police officers, and the campus-area jurisdiction rule.

• Texas Code of Criminal Procedure Art. 2.122 — Special Investigators

  A Board Certified Houston criminal defense attorney explains Texas Code of Criminal Procedure Art. 2.122, the federal agents authorized to make felony arrests in Texas as special investigators.

• Texas Code of Criminal Procedure Art. 2.121 — Railroad Peace Officers

  A Board Certified Houston criminal defense attorney explains Texas Code of Criminal Procedure Art. 2.121, railroad peace officers, their history, and their authority.

• Fighting Misdemeanor Theft Charges in Houston, Texas

  A Houston criminal defense attorney explains how misdemeanor theft is charged in Texas, the Class C/B/A penalty ranges, and the defenses used to fight misdemeanor theft charges.

• Houston Criminal Defense Attorney — DWI Blood Tests

  A Board Certified Houston DWI attorney and former Vehicular Crimes prosecutor explains DWI blood tests — warrants, the draw, lab analysis, chain of custody, retrograde extrapolation — and the defenses that win high-blood cases.

• Texas Code of Criminal Procedure Art. 2.12 — Who Are Peace Officers

  A former prosecutor and Board Certified Houston criminal defense attorney explains Texas Code of Criminal Procedure Art. 2.12 and the many agencies whose officers qualify as peace officers.

• Texas Code of Criminal Procedure Art. 2.11 — Examining Court

  A Board Certified Houston criminal defense attorney explains Texas Code of Criminal Procedure Art. 2.11, examining courts, and the right to an examining trial before indictment.

• Texas Code of Criminal Procedure Art. 2.10 — Duty of Magistrates

  A Board Certified Houston criminal defense attorney explains Texas Code of Criminal Procedure Art. 2.10, the duty of magistrates, arrest warrants, bail, and initial appearances.

• I Got Arrested for Possession of a Controlled Substance — Now What?

  Arrested for possession of a controlled substance in Houston? A Board Certified Houston criminal defense attorney explains the penalty groups, what the State must prove, and common defenses.

• Case Law Summaries from the 4th Amendment

  A Board Certified Houston criminal defense attorney summarizes landmark 4th Amendment search-and-seizure cases — Mapp, Katz, Terry, Chimel, Riley, Carpenter, and more.

• Texas Code of Criminal Procedure Art. 2.09 — Who Are Magistrates

  A Board Certified Houston criminal defense attorney explains Texas Code of Criminal Procedure Art. 2.09 and the full list of officials who are magistrates under the Code.

• What Is the Difference Between Civil and Criminal Law?

  A Houston criminal defense attorney explains the difference between civil and criminal law — the parties, the goals, and the burden of proof in each — and how the Houston court system is structured.

• Focusing on the Next Step

  A Board Certified Houston criminal defense attorney offers guidance on staying informed, staying positive, and taking care of yourself while facing criminal charges.

• Houston Criminal Defense Attorney — Assault and Assault Family Member

  What is the difference between assault and assault family member in Texas? A former Domestic Violence Unit prosecutor explains Penal Code § 22.01, the punishment ladder, protective orders, and the defenses that resolve Harris County assault cases.

• Texas Code of Criminal Procedure Art. 2.08 — Disqualified

  A Board Certified Houston criminal defense attorney explains Texas Code of Criminal Procedure Art. 2.08, the disqualification of district and county attorneys, and Rule 1.10.

• Shooting Outside of Houston Nightclub — 50 Shots Fired, 1 Dead

  A Houston criminal defense attorney examines the investigation into a nightclub shooting near FM 1960 — evidence, possible motives, and the difference between a mass shooting and a drive-by.

• Texas Code of Criminal Procedure Art. 2.07 — Attorney Pro Tem (Special Prosecutor)

  A Board Certified Houston criminal defense attorney explains Texas Code of Criminal Procedure Art. 2.07, Attorney Pro Tem, when a special prosecutor is appointed, and the 2019 amendments.

• What Happens When You Get Arrested for Theft in Houston, Texas?

  A Board Certified Houston criminal defense attorney explains what happens when you get arrested for theft in Houston — skip scanning, the shopkeeper's privilege, booking at the JPC, and magistration.

• Can You Go to Jail for a Ticket If You Commit the Crime Enough?

  Can you go to jail for a ticket in Texas if you commit the offense enough times? A Board Certified Houston criminal defense attorney explains Class C fines, Capias pro fine warrants, and Penal Code 12.43.

• Texas Code of Criminal Procedure Art. 2.04, 2.05 & 2.06 — Complaints and Informations

  A former prosecutor and Board Certified Houston criminal defense attorney explains Texas Code of Criminal Procedure Articles 2.04, 2.05, and 2.06 — complaints, informations, and the DA's charging role.

• Texas Code of Criminal Procedure Art. 2.03 — Neglect of Duty

  A Board Certified Houston criminal defense attorney explains Texas Code of Criminal Procedure Article 2.03, Neglect of Duty, and the duty to insure a fair trial and preserve the presumption of innocence.

• What NFL Teams Have Had the Most Arrests?

  A Board Certified Houston criminal defense attorney looks at which NFL teams and positions have had the most arrests, and how player arrest rates compare to the general population.

• Texas Code of Criminal Procedure Art. 2.025 — Special Duty Relating to Child Support

  A Houston criminal defense attorney explains Texas Code of Criminal Procedure Art. 2.025, the special duty of a district or county attorney to transfer child support payments to the local registry or Title IV-D agency.

• What Test Do Officers Rely on the Most for DWI Investigations?

  A former prosecutor and Board Certified Houston DWI attorney explains the Horizontal Gaze Nystagmus (HGN) test — the field sobriety test police rely on most in DWI investigations.

• Texas Code of Criminal Procedure Art. 2.024 — Tracking Use of Certain Testimony

  A Board Certified Houston criminal defense attorney explains Texas Code of Criminal Procedure Art. 2.024, the 'snitch tracker' rule requiring DAs to track jailhouse informant testimony and benefits.

• The Types of Criminal Courts in Texas & Court Date Instructions

  A Board Certified Houston criminal defense attorney explains the types of criminal courts in Texas and offers tips for traveling to the Harris County Criminal Courthouse for a court date.