June 25, 2018

Barratry and Client Solicitation So I want to take few minutes to talk about barratry, Barratry is in person or by phone solicitation of the client. The advertising rules have really confused lawyers about what barratry is but it’s very clear under the Penal code, you cannot go up to a client who are a […]

Jury Selection in a Criminal Case As of their past experiences, you’re dead in the water at the beginning which is why a lot of lawyers think that jury selection is where you win or lose a trial. The other thing you can let them know, it is a privilege to serve on a jury.

Challenging Jurors in a Criminal Case In terms of establishing the challenge; You’re going to start off by starting the cause question. Ask the specific juror of how they feel and why they feel – and if they don’t – and if they don’t admit to the bias –that’s fine – move on to another

Challenging Jurors on Burden of Proof Burden Of Proof; I would like to save it for the end of Jury selection and the reason why it is because I know I am absolutely entitled to talk about it. So if I am running out of time I want to make sure that is at the

Juror Questionnaires in Criminal Cases Juror Questionnaires; When do you use them? We use them in cases with complex issues or sensitive issues. So, the sexual assault case as I mentioned where you got 1/3 of your panel who is affected by this. A lot of people are not going to want to admit that

Discovering Facts in a Criminal Case One of the reasons I had to change up my power point a load a bit because they did such a wonderful job yesterday morning, talking about the new discovery laws. So what I wanted to do is to focus on your own investigation and your discovery that you

Preserving Evidence in a Criminal Case One of the things that you need to be going through your mind is what evidence is there that is going to be susceptible to being destroyed. Either purposefully or through dis laps in time. If yo u have a theft case then lot of times all of the

Expunctions Related to DWI Reductions to Obstruction of a Highway I had that situation, had that successfully expunged in your jurisdictions. Really, not many? Ok. Well, there’s a disagreement among the courts in Texas about exactly how this is supposed to play out. Now, the current version of the law says, ” no court ordered

Expunctions Related to Charges that were not filed So, charges that have not been filed. You got different timelines for your cases that have never been filed and your cases filed and dismissed. if an indictment or information has not been presented: then you have the right to expunction, a 180 days after your arrest

Expunctions Related to Cases Dismissed after Completion of Pre-Trial Diversion or Intervention Programs Pre-trial intervention program. Like we said, a pre-trial intervention program allows somebody to get an expunction as soon as they complete the program. Now these are going to be your programs, it says ‘ authorized by government code 76.001’ these are programs