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Posts tagged "Criminal Defense"

Why hire a private criminal defense attorney?

Much like cancer, nearly everyone can name at least one addict they know or are related to. Understand that there is no judgment here; just help. No matter what the circumstances were or what your previous criminal record is, you are going to need a defense attorney. To take that a step further you are going to need a good defense attorney. Let's examine some reasons to hire an experienced defense attorney rather than going with a public defender or a lawyer with little criminal case background.

The true scarlet letter of a criminal conviction

We would all like to think society forgives and forgets easily when a person has committed a crime and paid their dues. However, this does not seem to be the case. Even for nonviolent crimes, the social stigma is very real and long-lasting. According to a Justice Department Survey in 2012, state records across the country contain a total of 100 million criminal records. That is a huge chunk of our population that has been charged with a crime. But even with this vast number of people, they are still faced with ongoing consequences.

Driver impairment tests for marijuana may be flawed

As legalization of marijuana for recreational or medical use spreads to an increasing number of states, Texas authorities could find themselves faced with the potential need to evaluate individuals from those states for marijuana impairment at times. However, testing methods in some of the states with legalized marijuana use are viewed as questionable by AAA. Although blood alcohol testing is an effective indicator of impairment for those who are stopped for drinking and driving, testing the blood for THC may not give an accurate reading of the level of impairment experienced by a driver.

Sleep-deprived people may confess to crimes they did not commit

Texas residents interested in the justice system might like to know about the role sleep plays in acquiring confessions. A study that has been published in a National Academy of Sciences journal indicates that fatigued individuals are more likely than rested individuals to sign false confessions.

Record number of exonerations last year

A law enforcement office in Texas helped contribute to the record number of exonerations in 2015. Around 28 percent of the 149 people who were exonerated last year were freed due to the work of one Conviction Integrity Unit in Harris County. The exonerated people had been serving time for drug offenses, murders and other serious crimes that they did not commit.

Factors that may influence false confessions

"Making a Murderer" is a crime documentary series that has captivated viewers in Texas and around the country. The film features a confession by 16-year-old Brendan Dassey which many people believe was fabricated. According to one expert, the confession portion of the case bears similarity to another case that occurred in Minnesota. Unlike Brendan Dassey, the suspect in the latter case was acquitted.

Using alcohol consumption or drug use as a criminal defense

Texas residents may wonder why individuals accused of crimes committed while under the influence rarely claim diminished capacity as a defense. While drinking or taking drugs may sometimes make it difficult for individuals to resist their impulses or tell right from wrong, temporary insanity caused by drugs or alcohol will only be recognized by the law in a handful of very specific circumstances.

New rules to determine handling of some OSHA cases

Texas business owners who face criminal charges for violations of OSHA regulations or other federal workplace safety laws should know that in December 2015, the U.S. Department of Justice stated its intention to change the way certain crimes would be prosecuted. According to news sources, committing the crimes in question could result in some employers being indicted for felony level offenses. If convicted, the accused may be subjected to penalties that include stiff fines and jail sentences of between five and 20 years.

Illegal wiretaps could undermine hundreds of drug cases

Texas readers may be interested to learn that prosecutors at a prominent national wiretapping hub in California likely violated federal law when they permitted police eavesdropping in hundreds of drug cases. According to an investigation by USA Today and The Desert Sun, the violations could call into question the legality of up to 738 wiretaps approved by the Riverside County facility.

Committing perjury in Texas

Texas criminal courts often use sworn testimony from law enforcement officers, witnesses and the defendant as a basis for their verdicts and associated sentences. Those who knowingly mislead the court in an attempt to sway the judge or a jury into making a certain decision may be accused of perjury.

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