DUI laws can get complicated at times, and it can be difficult to know when law enforcement can require a breath test. Police officers can't just stop motorists and test them for no reason: There are specific indicators that give officers probable cause to stop a...
Criminal Defense
What is probable cause for an arrest?
In criminal cases, probable cause must be met before law enforcement may make arrests, conduct searches, seize property and obtain warrants. Probable cause has direct ties to the U.S. Constitution’s Fourth Amendment, which protects Americans from illegal searches and...
High court strengthens defendant’s right to confront witnesses
Under the U.S. Constitution, criminal defendants have the right to confront or cross-examine witnesses in court under the Sixth Amendment. Such cross-examinations are meant to take place in person. If not, a violation of the constitutional rights exists. A recent U.S....
Facts about manslaughter in Texas
Being charged with a criminal offense is stressful and scary, especially if it is as serious as manslaughter. However, it doesn't mean that you can't fight the charges and get a desirable outcome. If you have been accused of manslaughter, it is important to understand...
Do police need a warrant? What to know.
Under the United States Constitution, the police usually must obtain a warrant to complete a legal search of your private property. This rule is in place to protect your right to privacy and against unreasonable searches. However, it is important to be aware of when...
Are there too many unnecessary traffic stops?
Receiving a traffic ticket results in more than an unexpected and inconvenient delay. Tickets come with fines and marks against a driving record. Texas residents might find their insurance premiums go up. Others could risk losing driving privileges after incurring too...
How the Constitution protects electronic data
Texas residents store a great deal of personal and confidential information on their computers, cellphones and other electronic devices, and the Fourth Amendment protects this data from unreasonable government searches and seizures. This means that police officers...
Supreme Court rules to limit warrantless searches
The Fourth Amendment gives people the right to be secure against unreasonable searches and seizures, and courts in Texas and around the country take this protection seriously. However, there are a few situations where the Fourth Amendment does not apply and police...
Is pretext for a traffic stop questionable?
"Pretext" is a term that comes up when addressing the legality of traffic stops. In Texas, the police might have a pretext to stop a vehicle for a seemingly minor violation. After pulling a car over, the routine traffic stop may escalate. A driver may wonder about...
Why going to trial might be risky
If you have been charged with a crime in Texas, you are presumed innocent until proven guilty beyond a reasonable doubt. However, many cases are resolved through plea deals that are negotiated before they have the chance to get to trial. There may be several benefits...