Category

Criminal

A Prisoner’s Story on Rehabilitation

By | Criminal

Truth, justice, and the American way. I beg you to believe that I absolutely embrace these qualities from the bottom of my heart. Yeah, I know committed a heinous crime, but I KNEW what I was doing was wrong. In my heart, I believed in what was right, even though I chose not to do it. I grew up in a working class family, and I often watched as both of my parents worked full-time jobs to try and make…

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Non Disclosure for DWI Driving While Intoxicated Charges

By | Criminal, Driving While Intoxicated, Immigration

The Texas State Legislature in its 85th Session passed a law to take effect in September 2017. Any person who has been convicted of DWI (1st time) where there were no accidents or injuries will be permitted to file for a non-disclosure. There is a 2 year waiting period and the BAC must have been less than .15. A non-disclosure is a petition that is filed with the Court which permits a person to seal records (from the Public) of…

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A gripping biographical essay by a prisoner friend

By | Criminal, Immigration

I could start this story in so many different places that the Hollywood hautte coutre would have a field day with it. But whenever my mind runs over my “prison story”, it always starts in the same place. It’s not, as would make sense to most, my first day “in the slammer” when the big steel door slams behind you like you always see in the movies. No, for me, my first day al¬ways begins with my last day in…

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Getting From Internet to Evidence

By | Criminal, Immigration, SEO

doublehlaw.com There are all kinds of amazing things you can discover from someone’s laptop and if they are thinking about suing you. A lot of stuff is super useful. As you might guess the law has kind of responded to company’s effort to pry into people’s work computers and on occasions employers might get an overzealous and for example using a forensic experts to fish out the Google password you used to get into your private web based email. Go…

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Computer Crimes Child Pornography Sentencing Guidelines

By | Criminal

Demystify the guidelines; Quick example; Here is how the federal system started punishing for the number of images somebody has. This is representative Sensin Burner, Head of the House, Judicial Committee. He had somebody working for him. Alright now this person working for him had a pipelined introduced into any legislation he wanted. And Representative Sensin Burner is not a fan of judges and he is not a fan of the Defense Bar. But Jay Apperson did not go to…

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Computer Crimes

By | Criminal

The problem is most of the child pornography defendants your going to see, are a little bit tougher to work with. Now you can send them to the tanning beds so that they don’t look so quite so pasty white. Now you can get them to shave off their porn stash. But, we are still going to have some problems. So, I want to talk to you about ways, principled ways that we can try and get them a lower…

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Motions to Suppress

By | Criminal

Miller v. State! There’s two ways we often lose motion to suppress when we think we got to great case, all the police went in yea without a warrant but they went in under the ‘emergency doctrine’. Or two; it was consensual. Miller is a good case for us on both those points and Miller the court got a report that a, the police got a report in carvel that Miller was a, it was a disturbance at Miller’s apartment…

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Juror Disqualification in a Criminal Case

By | Criminal

That the jurors be convicted of a misdemeanor or a felony — that’s a disqualification that cannot be waived by other party – that the juror is under indictment or other legal acquisition for a misdemeanor theft or a felony and someone who’s on differed adjudication right now, is considered under indictment. So that’s another disqualification that can’t be waived. That the juror’s insane. I never gotten to use this one even though I have practiced this one even though…

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Story Telling and Themes

By | Criminal

Everything you will ever learn, everything you will ever know, everything you will ever do, that will empower you to act, that will empower others to act, will come to you in the form of a story! We all think of facts or just the facts Ma’am. Just tell me the facts; I want to know the facts! Facts that are not caught up in a narrative. Facts that don’t have a theme. Facts become unimportant but when they’re caught…

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Case law on Experts in Sex Cases

By | Criminal

Ok, let’s talk about sex cases. Fleming is the most intriguing case I think out there. Its pending right now in the court of criminal appeals and in Fleming, the question now is; does the Texas constitution actually that’s not the question. In 2011, the case went up from the Fort Worth court of appeals and it went up with this question “Does the Texas constitution require a culpable mental state to prove ‘Statutory rape’?” and right now of course…

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