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Criminal Defense

What Are Valid Reasons For A Traffic Stop?

Published: Dec 01, 2016 in Criminal Defense

Traffic stops are considered temporary detentions under the law, which implicates Fourth Amendment protections against unreasonable searches and seizures. In order for law enforcement officers to pull someone over, they must have a reasonable suspicion of criminal activity or a traffic violation. If an officer lacks a reasonable suspicion to pull you over, any evidence obtained as the result of the traffic stop will be inadmissible against you in a criminal trial. What is Reasonable Suspicion? Reasonable suspicion must be based on articulable facts, which means more than a mere…

Is Stop and Frisk Legal in Texas?

Published: Nov 25, 2016 in Criminal Defense

Stop and frisk has been a hotly debated topic over the past several years. The practice, in which police officers can stop, question, and frisk people based on a reasonable suspicion that a person has committed, is committing, or is about to commit a crime, has been employed in several cities across the country. While this program is understandably controversial and can be seen as unfair, essentially a stop and frisk program can become illegal if it is implemented in a racially-biased manner, but the practice itself is not unconstitutional….

Lawmaker Wants Texas Traffic Stop Standards in Drivers Manual

Published: Nov 22, 2016 in Criminal Defense

Do you know what to do when you are stopped by the police? If you don’t, you are in the same boat as most Texas drivers. Many people do not understand their rights when they are stopped by the police under suspicion of a traffic violation, drunk driving, or a drug offense. You might make the mistake of not rolling down the window to identify yourself. You say too little. You might also make the mistake of saying too much by answering all the police officer’s questions and doing everything…

Lawmakers Look at Local Texas Jail Reforms

Published: Nov 16, 2016 in Criminal Defense

Multiple incidents in 2015 and 2016 have led lawmakers to realize the crucial need for jail and prison reform throughout Texas. The death of Sandra Bland within the Waller County Jail is one of those key incidents. Bland was stopped for a traffic violation, arrested for assaulting a public servant, booked in jail, and found dead in her cell three days later from an apparent suicide. Waller County and the Texas Department of Public Safety will pay the Bland family a total of $1.9 million as the result of a…

Can You Be Convicted of Child Pornography for Streaming?

Published: Nov 14, 2016 in Criminal Defense, Sex Crimes

It is possible that you could be convicted of possessing or promoting child pornography if authorities believe you viewed sexual depictions of children through a streaming service. Under Texas Penal Code §43.26, a person commits a crime if that individual knowingly or intentionally possesses, or knowingly or intentionally accesses with intent to view, visual material that depicts a child under the age of 18 engaged in sexual conduct. Historically, whether defendants actually possessed these materials was never an issue. However, the legal definition of “possession” is up in the air…