I have the right to have an attorney. Where does that come from? Your right to have an attorney (at least in criminal cases) comes from the Sixth Amendment to the U.S. Constitution and Article 1 Sec. 10 of the Texas Constitution. Similar to your Fifth Amendment Right to Remain Silent, this amendment is jam
I’m going to write this blog post in two parts. The first part will be about what’s on everyone’s mind when they’re arrested and can’t afford a lawyer. The Second blog post will be your Sixth Amendment right to have a lawyer for your criminal charges. I want to explain a bit about Court appointed
Guest Blog Post by Cory Roth, Attorney in Houston, Texas. Criminal Discovery, What Does It All Mean? When you hear the word, “discovery,” a few things might pop into your mind. For example, I think of the Discovery Channel, world explorers such as Christopher Columbus, and criminal discovery. Criminal discovery is the only one of
What does the Right to Remain Silent really mean? How many times have you heard someone say “I’m going to plead the Fifth.” If you’ve heard that before, they’re referring to our U.S. Constitution and the Bill of Rights. The Bill of Rights is the first 10 Amendments to our U.S. Constitution. These rights protect
GPS ankle monitoring is usually part of Conditions of Bond or Conditions of Release. At this point you’ve already been bailed out of jail and now you have a GPS Ankle Bracelet monitoring your every move. The bracelet is bulky. It needs to be recharged often. You don’t want to wear shorts in public. You
How are conditions of bond are set? In a previous post we talked about types of bail bonds in Texas. If you remember, bond is your promise to come back to Court for future dates until your case is over. Sometimes, in addition to your promise or money, the Court will put conditions of release
Police, Searches, and Your Car – Oh My! This post ties into a previous post on Search Warrant vs Warrant of Arrest. Why? That’s because we’re dealing with a search. Same rules apply in this post as the previous post. I know, at this point, most people can recite Jay-Z’s song 99 Problems from heart.
What’s the difference between a Search Warrant vs. a Warrant of Arrest? A Search Warrant and a Warrant of Arrest serve similar but different purposes. They are the same because they give police the authority to search (I’ll explain later), and if necessary, seize things and people. Search warrants are required by the Texas Constitution
How does bail work in Texas? Bail is the legal term used to describe getting someone out of jail. Bond is the legal term for a promise to the Court that you will show up for all court dates after you are released from jail. Despite what some might think, bail is not meant to be
In a previous post I wrote about the two types of record sealing in Texas. In that post, I explained how there are expunctions and non-disclosures. That post dealt more with non-disclosures. Non-disclosures are available much more often than expunctions. Sealing criminal records in Texas can be a bit tricky if you don’t know the
I wanted to write this post about the 5 Myths About Criminal Justice because I’ve heard these from people over and over again. I think there is a lot of confusion in the public about how the criminal justice system works. Most of these relate to getting charges dismissed or avoiding jail/probation/fines/court costs. I’m going
Recently I’ve been thinking about my clients, their expectations of me, legal services I provide, and the general cost of legal services. I would say that at least once a week, someone calls me and says “I got arrested for ________________. I was wondering how much you charge for representing me in court for ________________.”
