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Criminal Defense Archives

Skilled legal counsel can help avoid problems due to paperwork

Paperwork can be both a help and a hindrance. Many times, the paperwork trail provides proof that a job was completed or that something was agreed to. However, paperwork can also get misplaced, lost or even destroyed. Paperwork can be essential to many Texas businesses and business owners. Without the proper paperwork, it is possible that the individual will need the services of skilled legal counsel to prevent or minimize problems.

Are there limits to free speech?

We enjoy freedom of speech in Texas. It's protected under the Constitution. But there are limits. You can't yell fire in a crowded move theater. Banning certain speech is legal in a private home or business. Social media sites have a right to delete content deemed offensive. Administrators can abridge free speech rights of public school students. Depending on the laws of your state, uttering something that you don't think is offensive, but someone else does, could get you arrested and charged with a crime.

What evidence can police access from your cell?

Ratified in 1791, the drafters of the Fourth Amendment could never have imagined the role cellphones would play our 2017 day-to-day lives. The "right of the people to be secure in their persons, house, papers and effects" was to meant to prohibit "general warrants" for broad search.

Sometimes optimal outcome in criminal case isn't what's expected

Sometimes circumstances when we are in a frail mental state can lead to irrational behavior. If that behavior gets you charged with a criminal act, even if it isn't one of violence, what should the punishment be upon conviction?

You have rights under police questioning. They might not tell you

Just because you have the right to remain silent doesn't mean the police have an obligation to let you know it. This might surprise some readers. The recitation of the Miranda warning every time TV and movie cops slap handcuffs on a suspect is so common that it might be easy to think that it's a requirement.

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