Criminal Defense

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…

Five Things You Should Do When Arrested for a Crime

Published: Nov 10, 2016 in Criminal Defense

Sometimes an arrest comes out of nowhere and you are not prepared. Maybe you are pulled over and arrested for a DWI or the police come to your home with a warrant despite you having no idea you were under investigation. However the arrest comes about, there are certain rules you can follow to make the process go smoothly and set yourself up for a successful outcome. If you have been arrested for a crime or have questions about the process, you should contact criminal defense lawyer Ned Barnett as…

Mental Disability Standards in Texas Capital Cases Challenged by ABA

Published: Oct 17, 2016 in Criminal Defense

In August, the American Bar Association (ABA) submitted an amicus brief to the U.S. Supreme Court in the case Bobby James Moore v. Texas in regard to Texas’ standard for determining if someone has a mental disability. The way a state determines this type of disability is crucial because a jury cannot sentence an individual with an intellectual disability to the death penalty. The ABA’s amicus brief, which is a document filed by a non-party to a lawsuit and draws the court’s attention to a specific issue within the case,…

Texas Theft Arrests and Job Applications

Published: Oct 10, 2016 in Criminal Defense

When you apply for a new job, the potential of something new is exciting. However, enduring a series of interviews can be tough. If you have been arrested or convicted of theft, you may be nervous about whether you should be up front about what may show up on a background check. The requirement to disclose a conviction can depend on the application. However, both arrests and a convictions may be revealed on a background check. If you’re job hunting and unsure of how to handle a Texas theft arrest,…

Deaths in Law Enforcement Custody in Texas

Published: Oct 03, 2016 in Criminal Defense

Recently, the news media has been more willing than ever before to shine a light on the injustices committed while people are in police custody. People who are detained in police vehicles, jails, and prisons are often offered substandard care to the point that their lives are put in danger. Issues during police custody range from a lack of necessary hygiene products and clothing to the unexplained deaths of arrestees and inmates. Moving beyond temporary news stories, the Texas Justice Initiative has created a searchable online database of all deaths…