Blog
After 14 days of deliberations the jurors were unable to reach a verdict on all but one count in Governor Blagojevich’s trial. So the question on everyone’s mind who is following this case is what is likely to happen next. Before I attempt to answer that questions I want to recap a little history. Blagojevich…
Now that British Petroleum’s deep water well in the Gulf of Mexico is no longer spewing oil, at least for the time being, and hopefully soon a relief well will be established, the public’s attention will turn more to issue of punishing the petroleum conglomerate. BP is a fabulously wealthy entity and naturally people will…
Clients often wait to retain us until they are actually indicted. Many times, however, had the client come to us when they first became aware they were under criminal investigation they might have avoided indictment all together or, at least, been in a better position to defend themselves once they were indicted. Just as it…
A potential client came to see me the other day. The potential client was charged in federal court with possession and distribution of child pornography. When the potential client called me to set up the appointment, it was clear that he did not have much money. He was being represented by a Federal Public Defender…
There are many Texas attorneys who advertise that they will “serve as both your bail bond agent (bondsman) and your attorney” and that they provide “competitive rates” for bail bonds that can later be applied to legal fees. Never Hire an Attorney that will also be your Bail Bondsman We strongly recommend that you NEVER…
In rare cases in federal court, it is possible to make the government pay for a wrongful prosecution. On November 26, 1997, Congress passed the Hyde Amendment which provides that if a defendant prevails in a prosecution brought in federal court and the court finds that the prosecution was “vexatious, frivolous or in bad faith,”…
On May 26, 2009, the Supreme Court handed down another important decision pertaining to Constitutional procedure. Almost everyone is familiar with “Miranda” rights. These are the warnings that police give suspects upon arrest. They are derived from the Supreme Court’s decision in Arizona v. Miranda, in which the Supreme Court held that suspects are entitled…
On Wednesday January 14, in the case of Herring v. United States, the Supreme Court further signaled its hostility to the exclusionary rule. The exclusionary rule is the rule that does not permit state or federal prosecutors to use evidence against defendants that was acquired in violation of the law or the Constitution. Many people…
On December 10, 2008, the Court of Criminal Appeals (the Texas Supreme Court for Criminal Cases), in a case that I argued, handed down a decision reversing the lower court. The Texas Court of Criminal Appeals is arguably the most unfriendly appellate court for criminal defendants in the country, so anytime a defendant wins in…
When a potential client calls our firm and tells us they have been charged with a criminal offense, our first question is if the charge is for state or federal court. There have been several instances where we have even represented two individuals at the same time, charged with similar crimes. Although one is in…