Sidney is a successful jeweler. He owns a jewelry store in Westlake and services many of Dallas’s wealthy residents. Sidney has a reputation for selling only high-quality jewelry. Sidney sometimes travels with a bodyguard and is believed to be armed. Two criminals, named Jake and Steve, decide to kill Sidney and his bodyguard so that he can no longer operate his business. Jake and Steve figure that Mike, Sidney’s only son, lacks the salesmanship to continue his father’s business. With...

Nolo Contendere

posted on 3/6/17

Many criminal cases end in a plea deal, wherein the defendant and prosecutor reach an agreement: The defendant will admit some guilt in exchange for a lighter sentence. This is...

“But I thought that she was 17!” When someone is arrested for statutory rape, that is often the first thing that comes out of the accused’s mouth. In Texas, the age of consent is 17, meaning that those under 17 cannot consent. Therefore, if an adult has sex with someone under 17, then the adult committed statutory rape. Statutory Rape Defined In statutory rape, the statute considers a sexual act to be rape, even when the adult did not force...

Prior to making an arrest, seizing property, or conducting a search, police officers are required by the Fourth Amendment of the United States Constitution to have probable cause. However, the Constitution does not define the term “probable cause.” Moreover, the United States Supreme Court stated that the term is imprecise and fluid and should be based on the facts and circumstances of each case. Over the years, courts have grappled with the proper circumstance for probable cause. The Brown Case...

TheFourth Amendment to the United States Constitution provides, “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” This amendment was created to protect citizens against illegal searches and seizures. This amendment can invalidate criminal evidence...

The Death Penalty: Cruel and Unusual Punishment?

posted on 2/6/17

Texas has long had a reputation as the state that performs the most executions. In fact, in 1999, there were 460 inmates on death row. In contrast, there are approximately...

Criminal law does not criminalize emotional abuse and similar domestic violence. In fact, current law criminalizes batterers' violence and explicit threats of violence but almost no other form of violence. In contrast, the law criminalizes financial, narcotics, and property crimes. In fact, violence constitutes a mere misdemeanor unless it involves "serious bodily injury" or weapons; even cigarette burns to one’s body might not rise to a felony. Moreover, criminal law also fails to adequately address domestic violence in more particular...

The seminal 1966 case of Miranda v. Arizona posited that statements to police during an interrogation will only be admitted as evidence during a trial if the police informed the defendant the he or she had the right to remain silent and was allowed an attorney. Since then, popular culture has repeatedly informed Americans that they have a right under the Fifth Amendment to the United States Constitution to remain silent in their dealings with police officers. Nonetheless, there remains...

The seminal 1966 case of Miranda v. Arizona posited that statements to police during an interrogation will only be admitted as evidence during a trial if the police informed the defendant the he or she had the right to remain silent and was allowed an attorney. Since then, popular culture has repeatedly informed Americans that they have a right under the Fifth Amendment to the United States Constitution to remain silent in their dealings with police officers. Nonetheless, there remains...

Accomplice Liability in Texas

posted on 1/2/17

Accomplice liability in Texas is harsh. In fact, one can be held liable for an offense committed by another if “acting with [the] intent to promote or assist the commission...

A common scenario: The public is concerned about drug sales or prostitution in a given area. The drug and prostitution trades work in the shadows, so it is difficult for law enforcement to infiltrate. People involved do not talk and neighbors often assume that it is best to just stay quiet and not “rock the boat.” To gain footing in the drug and prostitution businesses of that area, police conduct a “sting,” wherein the police offer to buy or sell...

Felony Murder in Texas

posted on 12/19/16

Under the felony murder rule, also known as “law of the parties,” if a defendant is committing a felony and a killing occurs, the killing will be deemed a murder....