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When prosecutors decide to bring a case against a defendant, it is presumably because they believe they have sufficient evidence to obtain a conviction. When prosecutors choose not to prosecute, it is ordinarily because they believe they don’t have enough evidence....
In our last post, we began speaking about the expunction process. As we noted, only certain offenses are eligible for expunction, and offenders must meet certain requirements as well. For one thing, an applicant for expunction must not have received deferred...
Texas readers may remember that Dallas Cowboys defensive end Greg Hardy was charged with domestic last year in connection with an incident involving an ex-girlfriend. Hardy was later found guilty of assault and making death threats, but he later appealed that ruling....
Halloween is one of the holidays that generate significant concern when it comes to drunk driving, and many law enforcement agencies increase patrols and take additional enforcement efforts to help increase roadway safety. For instance, police in Austin implemented a...
In our last post, we began speaking about the role social media can play in the criminal process, both with respect to criminal investigation and prosecution. As we mentioned, there can be evidentiary issues with the use of social media evidence in criminal cases,...
In our previous post, we spoke a bit about the case of a woman arrested for drunken driving after police were alerted to her operation of a motor vehicle while intoxicated through an app known as Periscope. In our last post, we posed several questions about the...
Social media, as far as we can tell, is here to stay, and has penetrated our lives so much that it has become a potentially important factor in both civil and criminal litigation. A recent example of how social media can impact the criminal process is the case of a...
Last time, we mentioned that the exclusionary rule may be an available remedy in cases where a criminal defendant has been subjected to an illegal search or seizure. The exclusionary rule is not something that a court applies automatically, but rather some that a...
In our last post, we began speaking about the issue of illegal stops in light of an article discussing what appears to have been shoddy police work, at least from the testimony of the man who was arrested. It would be interesting to see how the officer in the case...
The legality of stops, searches and seizures is a potentially important issue in criminal defense cases. Given the recent national scrutiny on the work of police officers, it is important for every U.S. citizen to understand their rights when it comes to criminal...
