Posted on
March 29, 2025 in
I like that Texas appellate courts mostly video-record oral arguments now, and I like to share my argument videos, because I enjoy oral argument, and I think my arguments are generally entertaining to watch. (Sharing them also gives potential clients a chance to see me "taking my wits for a walk," thinking on my feet in the courtroom, before they hire me; that's not a bad thing.)
Posted on
May 26, 2023 in
Under section 46.05(a)(3) of the Texas Penal Code, it is a felony to possess, manufacture, transport, repair, or sell a "prohibited weapon," including a chemical dispensing device. Chemical dispensing device means a device, other than a small chemical dispenser sold commercially for personal protection, that is designed, made, or adapted for the purpose of dispensing a substance capable of causing an adverse psychological or physiological effect
Posted on
March 26, 2023 in
Introduction In the realm of criminal law, the stakes are often high, and the consequences of a conviction can be severe. One aspect of criminal law that adds even more complexity and potential hardship for defendants is the concept of enhanced penalties. In this post, we will explore the world of enhanced penalties, the factors that can lead to them, and how a skilled criminal defense
Posted on
March 23, 2023 in
Online Solicitation of a Minor is one of two offenses created by sections 33.021(b) and 33.021(c) of the Texas Penal Code: Sec. 33.021. ONLINE SOLICITATION OF A MINOR. (a) In this section:(1) "Minor" means:(A) an individual who is younger than 17 years of age; or(B) an individual whom the actor believes to be younger than 17 years of age.(2) "Sexual contact," "sexual intercourse," and "deviate sexual
Posted on
March 20, 2023 in
A "defense" and an "affirmative defense" are two distinct legal concepts used in criminal law. A defense is a claim or argument made by the accused that negates or refutes the prosecution's case, without admitting to the commission of the crime. Essentially, it asserts that the defendant's actions were justified, or the prosecution has not met its burden of proving the defendant's guilt beyond a reasonable doubt.
Posted on
March 19, 2023 in
Entrapment is a rarely-used defense in Texas criminal cases for several reasons: Difficult Standard. "It is a defense to prosecution that the actor engaged in the conduct charged because he was induced to do so by a law enforcement agent using persuasion or other means likely to cause persons to commit the offense. Conduct merely affording a person an opportunity to commit an offense does not
Posted on
March 19, 2023 in
This is a frequently asked question. People will see "PCSWID PG1 >400g" on a government document, and wonder what it means. This refers to an allegation of possession of a controlled substance in Penalty Group 1, in a quantity of more than 400 grams, with the intent to distribute. PCS = Possession of Controlled Substance; WID = With Intent to Distribute; PG1 = Penalty Group 1;
Posted on
March 19, 2023 in
When it comes to theft crimes in Texas, the line between simple theft and more serious charges like robbery or aggravated robbery can sometimes be blurry. Today, we're going to explore the differences between robbery and aggravated robbery, the punishments associated with each crime, and the potential defenses that may be available to those charged with these offenses. Robbery: The Basics Under Texas law, robbery is