Expunctions and Orders of Non Disclosure Here, I will provide just kind of a general framework for those of you who are not familiar with them. And also to just kind of give the more seasoned of this, some tips to kind of up our game on expunctions. And so what I’ve titled it is,” […]
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The Difference Between an Order of Non Disclosure and an Expunction Now, Let’s talk about kind of the difference between expunction and non-disclosure. Expunction is available when a person has been acquitted, or their case has been dismissed, or they’ve been given some kind of a pardon. And an expunction is available in no situations
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Expunction after an Acquittal or a Pardon Then there’s, if a person is acquitted by that’s a trial court acquittal we’re talking about. So, if a person is acquitted by the court of appeals or the court of criminal appeals you do the same process as you would at dismissal and we’ll get to dismissal
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Expunctions for Identity Theft and Dismissal of Charges Identity theft, like I said, another one handled by the state. They are going to need some help on that. All the client has to do is file an application and give them their fingerprints and so the DA is supposed to match up the fingerprints that
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Rule 404b Extraneous Offenses Now we are starting out with comparison of the Texas Rule and the FRE and basically what you see is that it’s roughly the same thing in term of structure. It starts out with the prohibition 1 rule, the Texas rule calls it, it’s not admissible to prove the character of
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Client Relationships Perjury and Subpoenas Part 2 The other big area for criminal defense lawyers is the avoiding the subpoena issue. How many of us gotten that call on Sunday night and the jury trial is on Monday morning and there was this panic phone call: “OMG! OMG! I’ve been subpoena to my husband trial
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Client Relationships Perjury Attorney Client Conflicts Part 3 The other big issue under conflict of interest is that it says it becomes immediately apparent that the lawyer’s responsibility has adversely effected by the responsibility to another client. That’s clear in these family violence cases. Oh! but I’ve lawyers tell me wait you can get a
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Client Relationships Attorney Duty to Withdraw Perjury Part 4 A Motion to withdraw indicates that the attorney thinks that his client is going to perjure himself, this is in the press, the weekend before the lawyer is trying to pick the jury in this case. So as you can imagine, it was all over the
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Unrepresented Pro Se Defendants and Prosecutor’s Duties Now the prosecutors may know that the criminal case is coming, I have clients routinely arrested at the protective order on the criminal charge. So the prosecutors know that they are going to have a criminal case and yet my client just knows that if they can just
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Flat Fees in Criminal Cases and Grievances So that came out and we got our discovery bill. So what we are wondering if this is going to change the way the prosecutors are handled in the State of Texas. I guess we will wait to see. I want to shift gears a little bit and
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