Experiencia de un Prisionero

By | Criminal, Driving While Intoxicated, Immigration

Podría empezar esta historia en tantos lugares diferentes que el hautte coutre de Hollywood tendría un día de campo con él. Pero siempre que mi mente recorre mi “historia de prisión”, siempre comienza en el mismo lugar. No es, como tendría sentido para la mayoría, mi primer día “en el slammer” cuando la gran puerta de acero golpea detrás de usted como usted ve siempre en las películas. No, para mí, mi primer día siempre comienza con mi último día…

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Jury Charge and Instructions

By | Criminal, Criminal

the court shall charge the jury in terms of the presumptions and specific element to which it applies as follows: • The facts giving right to the presumption must be proved beyond a reasonable doubt. • That such facts are proven beyond a reasonable doubt. If such facts are proven beyond a reasonable doubt, the jury may find that the element of the offense ought to be presumed exist, but is not bound to self find. • And even though…

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Expunctions DWI Obstruction of a Highway Jury Instructions

By | Criminal, Driving While Intoxicated, Immigration

So, in this situation where the DWI is dismissed and there’s no probation for the DWI but it’s reduced to a deferred, not a conviction but its reduced to a deferred so the person is not convicted. In most jurisdictions that DWI’s going to be able to be expunged. Unfortunately, in the jurisdiction of the 3rd court of appeals and other courts that may follow that, we’ve got a real bad case called ‘Travis County attorney versus M.M.’ and in…

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Immigration Consequences Deportations for Criminal Convictions

By | Immigration

Where it’s illegal to possess or sell Phantom ware automatic sale suppression devices. I didn’t even know what these were so I looked them up and they’re devices or software used to falsify sales data on electronic cash registers and I guess businesses have been using these to avoid payments of sales tax. It’s a State Jail Felony if you do that. The other thing is License Plate Flippers, sorry to let you know that they are now going to…

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Informants, tips and cooperating witnesses child pornography community care taking

By | Criminal, Criminal, Immigration

A smart cookie and a good rider. She wrote the Duarte opinion. Reed Huddleston from Texarkana, “I live in West Texas, my wife’s from Mahaya, he spell out with an “x” and while I’ve used to give these talks 8-10 years ago,” I “tee he” about you know some opinion from the Texarkana Court Of Appeals where last week they got their first full set of teeth. you know Tee he and haw haw like that. Not anymore! I’ve been…

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Liens and Subrogation

By | Criminal, Immigration, SEO

I get asked a lot to help other lawyers on both sides of the docket figure out, do I really have to pay the subrogation interest on this lien because you know, when you’re client is not getting any money, it’s an impediment to settlement that hurts both sides of the docket. And I get asked this question a lot and there’s is really no one answer but I have developed 8 rules that will help give you some guidance,…

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jury selection voir dire personal injury trials

By | Criminal, Criminal, Driving While Intoxicated, Immigration, SEO

You have one goal in voir dire. Find bad jurors. Hunt them out and find them. That is your goal, any other goal is subservient to that, any other goal is, not in many case contradictory to that. Your one goal in voir dire, find bad jurors. That’s what the voir dire is all about. Now what are the mistakes that I typically see as I’m sitting up there. Mistake number 1, omitting critical questions, a lot of people just…

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Preservation of Error In Criminal Cases and Defenses

By | Criminal, Criminal

It basically means that if the trial court – it’s that whole rational jury thing again if no rational jury could agree with that. And number two; the existence of the presumed fact is submitted to the jury, the court shall charge the jury in terms of the presumptions and specific element to which it applies as follows: • The facts giving right to the presumption must be proved beyond a reasonable doubt. • That such facts are proven beyond…

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Criminal Investigation with Public Records

By | Criminal

Public records! Now we’re going to get to the simple lesson on cutting your finger! Look at everything and make notes. Go to the courthouse. Any place that person’s lived. Type in their name or give it to the clerk. If they don’t have anything you can type. If it’s a witness who’s going to testify in your case. If it’s your client, go pull their file. I’ll give you a couple of illustrations. This is just nothing, but boring…

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Witness Interviews in Criminal Case Investigation

By | Criminal

Let’s talk about approaching witnesses. And this didn’t matter, its family violence, domestic assault, the gang shooting out in front of the club Rio or whatever. You kind of get your mind right. You’re going to be Colombo here. You’re going to be talking to people. Now police have an inherent advantage. They’re the police! They’ve got a gun. They’ve got a badge. There’s little fear and respect that goes with that. When they come up, “I want to talk…

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