Criminal Defense

Attacks on Police Could Become Texas Hate Crimes

Published: Dec 27, 2016 in Criminal Defense

In the wake of an ambush killing of a San Antonio police officer at the end of November, Texas legislature Jason Villalba has filed a bill that would make attacks on law enforcement and other first responders a hate crime. If House Bill 429 passes, it would increase punishments for attacking anyone based on the victim’s status as a police officer, paramedic, or firefighter. What is considered a hate crime in Texas? Texas adopted its current hate crime law, the James Byrd, Jr. Hate Crimes Act, in 2001. The law…

Harris County Bail Reform Efforts

Published: Dec 23, 2016 in Criminal Defense

Back in May of 2016, Harris County was hit with a lawsuit challenging the constitutionality of its pre-trial bail policies. The federal class action complaint alleges that the bail-setting process for individuals arrested for Class-A or B misdemeanors is a wealth-based detention scheme in violation of the equal protection and due process clauses of the U.S. Constitution. In an attempt to reform the existing system, local officials have decided to implement a new pretrial risk assessment tool, which judges will utilize in making bail determinations. What Is the Risk Assessment…

Can Campus Police Make Arrests?

Published: Dec 20, 2016 in Criminal Defense, Student Crimes

The presence of police departments on college campuses has steadily increased over the past 50 years. In fact, there are over 4,000 police forces operating on private and public universities around the country. According to research by the Justice Department, campus police officers are much more prevalent at public universities than private institutions. As of 2012, 92 percent of public colleges and universities have armed campus police forces, while only 38 percent of private institutions have their own police units. The Role of Campus Police Campus police officers play an…

Texans Serving Life Sentences for Drug Possession

Published: Dec 13, 2016 in Criminal Defense, Drug Crimes

The ACLU and Human Rights Watch recently released a report that assesses the human toll of criminalizing drug use and includes policy recommendations for local, state, and federal government officials. By examining arrest rates around the country, interviewing 365 inmates, and collecting data through public information requests, the report illuminates the human costs of the failed “war on drugs.” The report discusses the wide-ranging consequences of harsh drug laws across the United States, but focuses specifically on Texas, Louisiana, Florida, and New York. Drug Possession Statistics in the United States…

Does Texas Have a Stand Your Ground Law?

Published: Dec 09, 2016 in Criminal Defense, Weapons Crimes

Stand your ground laws expand traditional self-defense principles by removing the duty to retreat before using deadly force. Following the death of Trayvon Martin and trial of George Zimmerman, stand your ground laws have become the subject of national attention and debate. There are approximately 27 states with stand your ground laws across the country, including Texas. Background on Self-Defense Law Generally speaking, a person may use deadly force when he or she reasonably believes it is necessary to prevent death or serious bodily injury to himself or herself or…