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Financial Responsibility Insurance Certificate (SR-22) Requirements in Texas A common question that eventually comes up after a person is arrested for a DWI in Texas is how long that person will have to keep an SR-22 Insurance Certificate on their vehicle. An SR-22 Insurance Certificate is a form that is issued by a liability insurance company in Texas that is kept on file with ...
Over 341 people have been exonerated through DNA evidence after being convicted of crimes they didn’t commit. The Texas Legislature recognized the need to require DNA testing, especially in the most serious of criminal cases, which are those cases in which the death penalty is sought. Effective September 1, 2013, the Texas Legislature amended Code of Criminal Procedure Article 38.
A Federal Criminal Sentencing Example The United States Sentencing Guidelines (USSG) was an attempt to reach the goal of consistent sentencing among the 94 federal districts. In other words, the United States Guideline Commission was established to try to ensure that persons sentenced in Georgia were punished similarly to persons punished in Washington State for the same offense.
The Fourth Amendment of the United States Constitution establishes the right to be free from unreasonable searches and seizures. Except for certain well- delineated exceptions, the Fourth Amendment prohibits law enforcement officers from conducting searches without a search warrant. Recent incidents involving body cavity searches have prompted concerns about the lack of polici ...
In a 6-3 vote, the U.S. Supreme Court ruled in favor, expanding the ability of law enforcement to search homes without warrants in situations when two occupants disagree about letting officers inside and the person who is refusing to let officers enter the home is placed under arrest. Additionally, the Court ruled that an occupant may not object to a search when they not at home.
FAQs about Occupational Driver Licenses in Texas Our attorneys regularly help individuals obtain occupational licenses. In most cases, we are able to do this without the client showing up to court. What is an occupational driver license in Texas? An occupational driver license or “occupational license” is a judicially-issued permit to drive a vehicle in Texas after a person’s li ...
Can the prosecution call a witness by Skype video conference? The Quick Answer on Using Video Conferencing Outside of the special rules that apply to child victims, in order for the prosecution to call a witness by Skype video conference, the prosecution must be able to show exceptional circumstances that warrant a departure from the preference for in-person testimony.
Tarrant County DWI Court Judge Deborah Nekhom, the presiding judge over County Criminal Court Number Four in Tarrant County, has successfully established a DWI Court in Tarrant County. A DWI Court is designed to prevent high-risk high-needs individuals from reoffending. A misdemeanor DWI Court focuses on identifying and treating individuals that might otherwise continue to drin ...
Luis v. United States Background Sila Luis was indicted for healthcare fraud. At the time, she had about $2 million which she hoped to use to fund her legal defense. 18 U.S.C. §1345(a)(2) allows the government to freeze assets belonging to a citizen accused of health care fraud or bank fraud. The statute allows for the seizure of 1) proceeds 2) property traceable to the crime an ...
What is Judicial Clemency? One of the least discussed areas of criminal law in Texas a judge’s power to set aside certain straight probation sentences. (Click here to read about the differences between “straight probation” and deferred adjudication.) Article 42.12, Section 20 of the Texas Code of Criminal Procedure sets out the legal basis for “judicial clemency.
Can I get in trouble for leaving my child alone at home or in the car? Depending on the circumstances, a person may be charged with Abandoning a Child, Endangering a Child, or Leaving a Child in a Vehicle. Abandoning and Endangering are both felony offenses and they apply to offenses involving children under the age of 15. Leaving a Child in a Vehicle applies children who are under the age of 7.
The State Jail System in Texas Texas currently has 19 state jails housing approximately 9,500 state-jail offenders. See House Research Organization, Bill Analysis, Tex. H.B. 1546, 84th Leg., R.S. (2015). Under Texas Penal Code section 12.35, a person serving time for a state-jail felony may be punished not more than 2 years but not less than 180 days with a fine of up to $10,000.
The Supreme Court handed down its decision in Wearry v. Cain yesterday. In doing so, the Court ruled that prosecutors violated Wearry’s due process rights by withholding evidence during the trial. Michael Wearry was on death row in Louisiana after being convicted of capital murder and being sentenced to death. His conviction was based primarily on the testimony of two jailhouse snitches.
Can you avoid a DWI in Texas by sleeping it off in your car? When most people think of Driving While Intoxicated as an offense in Texas, they think of exactly that: a person driving a vehicle while they are intoxicated. The term “DWI” is somewhat of a misnomer in Texas. A person does not have to “driving” a vehicle in order to be charged with driving while intoxicated.
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