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Category Archive
Criminal Law
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When Is a Company Criminally Liable for an Employee’s Fraud?

Prosecutions for white-collar crimes like fraud are often brought against people who work for corporations or other organizations. Even though the fraudulent activity may not have been authorized, the company that employs the individual might also be exposed to criminal liability under federal or state law. However, this liability is not automatic and requires a Read More

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Penalties Increased for Solicitation of Prostitution and for Human Trafficking

Texas has become the first state to make the crime of soliciting prostitution a felony. The new law, which took effect on September 1, 2021, is part of a legislative effort to crack down on human trafficking. It also increases the criminal penalties imposed for recruiting victims from shelters or certain residential treatment centers for Read More

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New Texas Laws Expand Definitions of Sexual Assault and Sexual Abuse

Texas has toughened its laws on sex offenses by adding to the types of conduct that can be prosecuted as sexual assault or sexual abuse. The statutory changes, which took effect on September 1, 2021, address a broad range of conduct and target people in certain professions that involve close working relationships with potential victims. Read More

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Using Police Body Cam Footage in DWI Defense

Over the past decade, the nationwide push for law enforcement transparency has led police departments, including many in Texas, to adopt body camera technology to record the actions of officers in the field. Video evidence can be extremely valuable to defense counsel in analyzing the propriety of police conduct during investigations and arrests. This is Read More

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Defending Against Charges of Sexual Misconduct on Campus

Title IX of the federal Civil Rights Act prohibits educational institutions from discriminating on the basis of sex. Discrimination can take multiple forms, including sexual misconduct, which is also a potential crime. When an educator or a student is charged with sexual misconduct, they may face not only on-campus disciplinary proceedings but also criminal prosecution Read More

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Prosecutors Must Now Disclose All Relevant Evidence to Defense Counsel

A Texas Court of Criminal Appeals ruling makes it clear that prosecutors must disclose to defense counsel nearly all evidence in their possession — a potential landmark decision that could greatly enhance fairness in the state’s criminal justice system. The ruling, in Hopkins v. State, comes eight years after Texas last overhauled its criminal discovery Read More

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Texas GOP Legislators Pushing for Bail System Based on Severity of Crimes

Harris County implemented major bail reforms after federal courts held unconstitutional the common practice of requiring preset cash bail amounts without accounting for a defendant’s personal circumstances. However, Republican lawmakers are now trying to counter these reforms, pushing for legislation that would link bail determinations to the severity of the alleged crimes. As a result Read More

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Current Legislative Efforts Would Walk Back Texas Bail Reforms

Despite the documented success of misdemeanor bail reforms that have been implemented in Harris County, Texas legislators and the state’s governor are pushing for measures that would make it harder for many defendants to secure release pending trial. Governor Greg Abbott has declared the need for bail practice changes an emergency item for this legislative Read More

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When is a Defendant Entitled to Bail Pending Appeal of a Conviction?

Under Texas law, most people who have been convicted of a crime carrying a prison sentence are entitled to be released on reasonable bail pending the determination of an appeal. However, there are notable exceptions, based on the seriousness of the crime and other factors. In general, post-conviction bail works much the same as pretrial Read More

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Harris County to Report on Crimes by Defendants Released on Bail

The Harris County Commissioners Court has voted to allow the Justice Administration Department (JAD) to share non-confidential information about defendants released on bail. The JAD will report on the number of defendants since January 2018 charged with a subsequent felony or misdemeanor offense while out on any type of pretrial release. This information will be Read More

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COVID-19 Notice
We are here to help and support you through these generally challenging times with your specific legal issues. You will be able to reach me or my staff through our main telephone numbers, and of course by email: [email protected]. Phone conferences for existing and potential clients are available, as is the video conference feature through the Zoom app. Zoom may present some privacy challenges so phone conferences are preferred. Please take care of your health by following the measures recommended by the CDC, and by state and local authorities.
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