The Law Office of Francisco Hernandez Blog

May 7th, 2017

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 ...

May 6th, 2017

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...

May 5th, 2017

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 ...

May 3rd, 2017

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 Coun...

May 2nd, 2017

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, t...

May 1st, 2017

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...

April 30th, 2017

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, a...

April 29th, 2017

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. An...

April 28th, 2017

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, indecenc...

April 27th, 2017

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 sa...

April 26th, 2017

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: ...

April 25th, 2017

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 ou...