June 25, 2018

Expunctions and Requirement of Statute of Limitations Tolling of the Limitations Now if the charge is filed and dismissed, you have to wait until the statute limitations runs. so, we’re talking about you know, no statute limitations on murder, aggravated sexual assault, indecency, 10 years on your more serious misdemeanors, 7 years on fiduciary crimes; […]

Expunctions based on Recommendation And you can also apply for this recommendation expunction. A recommendation expunction is where you get the, it’s kind of like that certification but, it’s a little stronger language than that. And if you get it past the prosecutor, I think a recommendation is a great thing to have in an

Expunction Petition Requirements The things you’re going to have to have in your petition: name, sex, race these are all in the statute and you can look in up later. Just all the person’s vital information case number in court, and then you need to have the DPS tracking number. Now, tell the truth; who

Denial Existence or Occurrence of an Arrest after an Expunction Now, as far as allowing the person to deny the existence or occurrence of the arrest. May deny does not mean that you should deny and there are some important instances in which it’s not a good idea to deny it even though the expunction

Jury Charges in Criminal Cases First of all, there is a presumption and you may have a difference of opinion on this, but there is a presumption that; juries do follow instructions. Now, this is a rebuttable presumption. However, the US Supreme Court says that; they’re going to presume, as all the appellate courts do,

Defensive Theories in Jury Charge Now defensive theories! This is where I think some prosecutors get tripped up sort of like Brady, ok! Trial court who are former prosecutors and never done anything else like some of them in Bare County. They tend to think that if the evidence is unbelievable or they think it’s

Jury Charge and Sufficiency of the Evidence So will be very hard overturning a case on sufficiency of the evidence based on jury charge error, Ok! Let me talk about talk about this for a moment, we had a case of my firm I think Mick Geris here I saw on earlier from Jim Well’s

Note Taking by Jurors and Lesser Included Offenses in Jury Charge Lesser included, we’ve talked about that, a jury cannot convict the defendant of lesser included offense of… of lesser included offense, it’s not submitted in the jury instructions, that means a jury can’t take it upon themselves to go back in the jury room

Unanimity Requirement in Jury Charge Ok, jury unanimity! That’s very important when you have different manner and means. But the court of criminal appeals has been very consistent in holding that the jury does not have to agree on the manner and means. They only have to agree on the gravamens of the offense which

Federal Sentencing By Judge Judges increasingly, judges like Judge Weinstein in New York. Judges are writing opinions that are getting all around on the internet explaining why these guidelines simply are not the right way to treat human beings that is; punishment by the numbers. May make federal judges comfortable if they never did any