Texas state law allows individuals to make an arrest if they witness a crime. Those who find themselves the subject of a citizen’s arrest have the same rights as when police conduct an arrest, particularly the right to remain silent. A citizen making an arrest cannot...
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Criminal Defense
Is Stealthing A Crime In Texas?
Discussions around consent are important. They often start early, with parents talking with teenage children to impart the importance of getting consent before moving forward with sex with a partner. But how do we define consent? When it is okay for an individual to...
Is Street Racing Illegal In Texas?
We have all seen at least one action movie with a heart pounding race scene. Perhaps the race was an impromptu highway chase or a staged event between two vehicles down a culvert or neighborhood street. Although these races are fun to watch, we can all acknowledge the...
How Do New Braunfels Police Use Dash And Body Cameras?
Tech is all around us and helps in various aspects of our lives. This can include the need to build a defense if charged with a crime. The availability of video recordings in everything from our own cell phones to security cameras throughout most neighborhoods can...
When Is A Driver Allowed To Leave The Scene Of An Accident?
The law in Texas very clearly requires that those involved in a collision stop at the scene to check on the other people involved and then wait for police officers to arrive so that they can submit a police report about the crash. In all but the rarest of...
Are threats considered assault in Texas?
Assault is one of the most common violent charges that Texas prosecutors file against individuals. Allegations of assault can vary in severity significantly. Some people end up accused of assault because they’ve seriously injured someone else or negligently caused an...
Is It Assault To Leave A Child Alone In A Car?
Parents have a legal obligation to meet their children's basic needs and to avoid actions that would endanger their children. Any Texas parents accused of doing something unsafe can face criminal charges. For example, in recent years, the media has drawn attention to...
Can a Sheriff Choose Not to Enforce Certain Laws?
Any time you encounter law enforcement, there’s a chance you could be meeting a sheriff. A sheriff, unlike regular police officers who often serve within city limits, is typically an elected official who serves to keep the peace and enforce criminal laws within a...
3 affirmative defenses that can work and 1 that won’t
Straightforward criminal defense involves someone responding to allegations of wrongdoing by asserting they did not break the law. There are numerous means of mounting a successful defense, from providing a compelling alibi to preventing the consideration of certain...
What Does Proof Beyond A Reasonable Doubt Mean In A Texas Criminal Defense Case?
You’ve probably heard this before, but every defendant in this country is presumed “innocent until proven guilty.” But, what exactly does it take to prove someone guilty of a crime. At every stage of a criminal investigation, the authorities have certain restraints on...