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Category: Criminal Law | Prosecutorial Misconduct
The wheels of justice turn inexorably slow, but they do turn.
The day of justice reckoning has arrived for John Jackson, a former district attorney and district judge in Navarro County that encompasses the small Texas town, Corsicana.…
Category: Constitutional Law | Criminal Justice Reform | Criminal Law
According to the Bureau of Justice Statistics, more than half of the jail population in the U.S. has never been convicted of a crime. That’s some 420,000 people, give or take a few thousand. They are in jail because they…
Category: Criminal Law | Sex Crimes
Legal scholars and sources, such as Black’s Law Dictionary, provide two definitions of a mistrial: first, a trial is brought to an end by the judge before a determination on the merits has been made because a procedural error or…
Category: Appeals | Criminal Law
Fines and restitution may be imposed following a criminal conviction in conjunction with the sentence imposed.
Fines are commonly imposed in all criminal cases. The amount that may be imposed is generally determined by statute or at the discretion…
Category: Appeals | Criminal Law
In most states, people convicted of crimes pay fines, restitution, court costs and other fees. Most states will refund this money should the criminal conviction be reversed. Colorado does not.
Under Colorado law, a formerly convicted person can get…
At a campaign rally in Springfield, Ohio on October 27, 2016, President Donald Trump charged that “thousands of Americans have been killed by illegal immigrants.”
During his joint address to Congress on March 10, President Trump took another opportunity…
Category: Appeals | Criminal Law | Sex Crimes
The law is as much about procedure as it is about substance. Even the most seasoned criminal defense attorney can default on a critical issue by not following the strict rules of trial procedure. This issue was underscored in a…
Texas law requires that criminal courts place “affirmative findings” in their judgment whenever it proven that a “deadly weapon” was knowingly used or exhibited during the commission of a felony. Such a finding has serious consequences on a convicted individual,…
Category: Criminal Law | Illegal Pornography | Internet Sex Crimes
Texas Penal Code § 21.15(b)(1) made it a crime to photograph someone “without the person’s consent” and “with intent to arouse or gratify the sexual desire of any person.”
In 2014, the Texas Court of Criminal Appeals in Ex…
Category: Criminal Law
On January 12, 2017, the Pretrial Justice Institute (PJI)published a money bail study that revealed it is costing American taxpayers roughly $38 million a day, or nearly 14 billion a year, to keep approximately 450,000 low risk, pretrial detainees housed…
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