Discovery in civil suits is broad. The Rules of Civil Procedure state that parties may discover anything that is relevant and unprivileged. As a result, parties are consistently required to produce evidence against themselves, provided that the damaging evidence is within the bounds of a relevant discovery request. The result is that by the close of discovery each party obtains exhaustive amounts of information from the other party. Each side then has the opportunity to analyze and determine the legal...

A recent Massachusetts case highlighted the intersection between technology in the hands of teenagers and the law. In that case, a teenager named Michelle Carter texted her boyfriend, Carter Roy III, that he should take his life. One text quoted in the opinion said that Michelle texted him saying “[i]f u don’t do it now you’re never gonna do it.” Evidence offered at trial stated that she knew her boyfriend suffered from mental illness and had previous suicide attempts. Carter...

This past January, Dallas Police Chief David Brown appeared in a youtube clip to personally thank the people of Dallas for their contribution to the plummeting crime rate. Chief Brown noted that Dallas saw a 53% reduction over a 12-year period from 2004-2016. While these numbers are encouraging, they do not tell the whole story. Crime statistics include violent crimes and property crimes. On average, there are five times as many property crimes as there are violent crimes. In Dallas,...

Statistics show that violent crime in Dallas is up in 2016. Violent crime has seen a 30% increase with murder increasing by 32% and aggravated assault increasing by 48%. With an increase in crime comes an increase in suspicion. In particular, police are more likely to arrest a person on “reasonable suspicion” grounds during a period that sees a spate of crime. Reasonable Suspicion Standard In determining a reasonable suspicion standard, the Texas Court of Criminal Appeals stated that a...

Individuals commonly make a serious mistake when confronted by the police or the Texas DFPS (Department of Family and Protective Services) about a child sex crime. These individuals do often do not take the matter seriously or think that the allegations are credible, so he or she will freely discuss the allegations with the police or the DFPS. A child sex crime conviction will significantly affect your life. You face a possible lengthy jail time and the lifelong stigma of...

When police officers pull over a car, they often look for other incriminating factors in addition to issuing a speeding ticket. They are looking, among other things, at the facial expressions of the driver and whether there is liquid on the floor. People who do not make eye contact might be trying to conceal facial expressions; liquid on the floor suggests an open container of alcohol and possible drunk driving. The more cars are ticketed, the more police are looking...

The Fourth Amendment of the United States Constitution states, "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.” The purpose of this amendment is to protect people’s right to privacy and from indiscriminate governmental intrusions....

If you are arrested in Dallas, Fort Worth, Plano, or anywhere else in Texas, there will in almost every case be a prosecutor assigned who will fight tooth and nail to punish you to the full extent of the law. Depending on the charges against you, however, a skilled Dallas criminal defense attorney can help keep you out of jail, either by having the charges against you dropped, securing an acquittal at trial, or entering into an agreement with the...

The Texas Legislature passed several new laws in the first half of the year, many of which are criminal. This was an active session with new laws passed relating to open carry, drug manufacturing, and pornography. Following is a summary of what is new in Texas law. New Open Carry Laws The open carry law has been modified as of January 1, 2016. Beginning this year, House Bill 910 allows people with concealed handgun licenses to openly carry a firearm...

The Texas Penal Code defines driving while intoxicated in Chapter 49, as operating a motor vehicle in a public place while intoxicated. Intoxication is defined in the penal code as not having the normal use of your mental faculties or physical faculties as the result of alcohol, a drug, a dangerous drug, or a combination of the two. Having a blood alcohol level of .08 or higher is also the definition of intoxicated. Being Arrested for Drug Use in a...

If you have already been convicted of a DWI in Texas, the penalties become significantly tougher on the second and third offenses. This includes a brief yet mandatory jail term, an even longer driver’s license suspension than for the first arrest, and fees and fines that can be upwards of $10,000. The Penalties A second DWI offense in Texas will be charged as a Class A misdemeanor, which is punishable with a prison sentence between 30 days and one year...