Category Archive for "Pre-Trial"

What is a Criminal Confession in Texas

What is a Criminal Confession in Texas?

Attorney Marsh

In Texas, as in other states, a criminal confession is a formal acknowledgment of guilt during a criminal investigation. This all goes back to your 5th Amendment Right to Remain Silent. When someone is suspected of committing a crime, police will begin their investigation. The investigation may start with police making direct contact with the person accused. Before, during, or after that first contact, police gather evidence to build their case against the person accused. If the person accused makes any statements to the police, they may be considered admissions instead of confessions. Under Texas law, confessions must be recorded by video/audio…

Should I Take a Plea Bargain

Should I Take a Plea Bargain? Part 2

Attorney Marsh

This post is important. It’s a follow up to my first post on Should I Take a Plea Bargain? In that post I talked about a few considerations when you decided whether or not to take a plea. So here we are in Should I Take a Plea Bargain? Part 2. Taking a plea deal is a very important life decision. Ultimately, the decision is yours alone. I don’t make plea decisions for my clients. I can only advise them about the positives and negatives of taking a plea deal. I want what’s best for my clients. Depending on your case,…

Smartphone mit Kette und Schloss

Can Police Search Your Cell Phone in Texas?

This problem comes up more in older cases than new ones. Cell phones have become more and more important in our lives as time has gone on. Remember – ALWAYS, ALWAYS, ALWAYS KEEP A PASSWORD ON YOUR PHONE. We’ve come a long way since flip phones and phones without text messaging. The reason why, is that in June of 2014 the United States Supreme Court ruled that cell phones deserve the same constitutional privacy protections as other areas in our lives. The Fourth Amendment protects us from unreasonable searches and seizures by police. If you read the post on Search Warrant…

Williamson County Courthouse

The Williamson County Courthouse Pt 1

As time goes on, it seems like Williamson County, Texas has an ever growing reputation. I’ve heard many of my clients joke “come on vacation, leave on probation.” While that may be true for some, it depends on what time activities you’re getting involved in on the weekends. Let’s be blunt, no one likes crime in their community. If you’ve been arrested, and taken to the Wilco Jail, you’re eventually going to end up at the the Williamson County Courthouse. Not only that but, if you have a Will to probate, a family law issue, or other legal problem, in…

3 Ways Your Criminal Case Can End

3 Ways Your Criminal Case Can End

The reason behind this blog post, like so many others, is to demystify the criminal defense process in Texas. I think that many of my clients come into my office with some false ideas about how their cases will end. As I’ve said before, I like to let my clients know what to expect right off the bat. I don’t like surprises and I’m sure that you don’t either. This is especially true when it affects the rest of your life. Knowing what your options are in a criminal case, and from your lawyer, can help you make the best…

Can a Felony Case Be Dropped Down to a Misdemeanor

Can a Felony Case Be Dropped Down to a Misdemeanor?

Some of my clients that have come into my office have been charged with felonies. After looking over their cases, doing research, and preparing their case, their felony can frequently be reduced to a misdemeanor. Some of the more common felony charges may be Criminal Possession of a Controlled Substance, Assault family violence with strangulation, and even a DWI if it is your third or more. In a previous post, I talked about the legal process involved with felonies. Felonies come with the potential of long jail sentences. Not only that, but the truth of the matter is, felony convictions…

What is Assault Causes Bodily Injury in Texas

What is Assault Causes Bodily Injury in Texas?

Simply put, assault causes bodily injury is any unwanted contact between two people. In my experience, assault cases almost always happen because of drugs and/or alcohol. It doesn’t matter whether or not there was a visible mark or injury. This applies to bar fights, grabbing someone else with your hand, punching, kicking, slapping etc…. In the State’s case against you, they don’t need to show bruising, bit marks, blood, cuts, or other physical injuries. A punch to the stomach wouldn’t show a bruise, would it? How did I get charged with Assault Causes Bodily Injury in Texas? If you made…

I Need a Misdemeanor Lawyer in Georgetown

I Need a Misdemeanor Lawyer in Georgetown

Williamson county, Texas has a reputation for being extra tough on crime. I get it. Many lawyers won’t take cases here. A lot of clients have told me they’re afraid of the Williamson County prosecutors. They’ve even WISHED they had gotten arrest in Travis county. Anywhere but Wilco. It’s the reputation that the county has built. That may be right, and that may be wrong. Williamson county and Travis county each have their own quirks. Georgetown is the County seat of Wilco and it’s where the courthouse is. Some types of cases are treated much differently in Wilco vs. Travis…

Theft by Check in Texas

Theft by Check in Texas

Just sign on the dotted line, tear, and hand it to the cashier. That’s all you have to do, right? In Texas, theft by check or “Hot Checks” happen everyday by people just like you and me. However, theft is still theft. Whether you’re charged with shoplifting, theft, or theft by check in Texas, it falls under the same umbrella. I understand you’re not great at math. Maybe you slept through most of high school math class? Maybe you never actually learned how to balance a check book? That’s fine, but it can cost you BIG TIME. What is a…

Probable Cause and Traffic Stops

Probable Cause and Traffic Stops

What does it take for a police officer to search you or your car? Probable Cause. What is probable cause? In Texas, probable cause has a very slippery definition. It’s hard to explain and even harder to outline its boundaries. Basically, probable cause is the amount of details, evidence, or information that a police officer needs to arrest you or search you. Probable cause is so important that it’s ingrained in our Fourth Amendment to the U.S. Constitution. The purpose of that amendment is to protect your privacy. You have a privacy interest that the government recognizes. Don’t give it…