Category Archive for "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…

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…

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…

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…

Texas DWI Total Refusal

Texas DWI Total Refusal

Attorney Marsh

Refusal to take a Breath or Blood Test In Texas, you may have heard that there are No Refusal Weekends. This means that legally, if a police officer suspects you are driving under the influence, you are not allowed to refuse a breath or blood test. DWI isn’t limited to alcohol. It can include drugs as well. Usually these tests are to find out if you have a BAC of 0.08 or higher. In Texas, a total refusal DWI case can have long lasting effects on your life. What happens when you refuse? A total refusal off all tests, including the…

Should I Testify in My Own Defense

Should I Testify in My Own Defense?

Attorney Marsh

If you’re thinking of going to trial on your case, one question gets asked over and over again – Should I testify in my own defense? The short answer here is generally NO. Why? Because you don’t have to and the risk is great. This post relates to your Fifth Amendment right against self incrimination. The State can never force you to testify against yourself during your trial. One of the biggest decisions you can make during the course of your criminal case are: Whether or not I should take a plea bargain? Whether I want a Trial by Judge…