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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

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