One of the most common general philosophical discussions concerning law and crime in Texas involves what is known as the “necessity defense.” The necessity defense allows for certain criminal conduct to be excused when the conduct was necessary to prevent a greater harm. Self-defense is a type of necessity defense, as is the violation of…
Terminating a person’s parental rights is a serious consequence. In Texas, a trial court must find clear and convincing evidence to terminate parental rights. To meet this high standard of proof, the Texas Department of Family and Protective Services (“the Department”) will introduce evidence that termination is in a child’s best interests. However, if the…
Criminal defendants in Texas with prior criminal convictions can be disadvantaged at nearly all stages of the Texas prosecution. Law enforcement officers who notice that an individual has a lengthy criminal record may have a bias against them and seek them out for arrest. Many Texas crimes can be charged at a higher level if…
In a typical divorce proceeding, property division and child custody will likely be two main issues among the parties. In Texas, property owned by one spouse before the marriage is usually not subject to division. However, if the other spouse increased the property’s value through specific contributions, that spouse may be entitled to the fair…
Texas prosecutors often rely on the testimony of alleged victims or eyewitnesses to obtain convictions for violent crimes. It is important to remember that witnesses are only human, and sometimes they will testify in a manner that the prosecution did not expect. Such surprise testimony may put the defense at a serious disadvantage by not…
When dividing property in divorce proceedings, courts will distinguish between separate property and community property. Separate property represents any property or assets that one person has held since before they were married. Conversely, community property constitutes property or assets shared between spouses. Typically, only community property is subject to division among the former spouses. Texas…
A recent criminal case before a district court in Texas highlights the importance of specific and credible testimony during trial. At issue in this appeal was the defendant’s conviction for aggravated assault by threat. On appeal, the defendant argued there was insufficient evidence to prove he threatened one of the complainants in the case. Upon…
White-collar crimes, often involving financial deception or fraud, present a unique set of challenges for lawmakers and criminal attorneys alike. The evolving economy in the digital age necessitates new laws and regulations to address the evolving nature of white-collar crime. A recent judicial opinion from the Court of Criminal Appeals of Texas sheds light on…
Prosecutors in Texas have the incentive to pursue the most serious charges and convictions that they can justify, as their reputations may depend on the number of serious crimes that they have prosecuted. Because of this, prosecutors are often known to overcharge defendants; pursuing charges for crimes that a defendant could not reasonably have committed….
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