Blog Posts in August, 2011
Posted on Aug 31, 2011 By Plano Criminal Defense Attorney
Simply because someone is in jail awaiting his or her trial does not mean that they waive some fundamental rights to a fair trial. Yesterday, we addressed the issue of whether a defendant can be tried ...
Continue reading "Can I Go To Trial While I Am Handcuffed?" »
Posted on Aug 30, 2011 By Plano Criminal Defense Attorney
We have discussed a defendant's right to a fair trial. Apart of this concept, is the right of the accused to be presumed innocent by an impartial jury. Many times, a trial court will set the bond ...
Continue reading "If I Am In Prison During My Trial, Do I Get To Change Clothes?" »
Posted on Aug 29, 2011 By Plano Criminal Defense Attorney
What is the process that occurs if a defendant raises serious doubts about whether he or she can receive an impartial jury because of inflammatory news coverage? Generally, the proper remedy is to ...
Continue reading "Pre-trial Media Coverage, Continued" »
Posted on Aug 25, 2011 By Plano Criminal Defense Attorney
Yesterday, we addressed the situation of highly inflammatory cases that suffer pretrial publicity due to the nature of the crime or the celebrity of the person that is charged with the crime. In ...
Continue reading "Pretrial Media Coverage: Henley v. State - A Case On Point" »
Posted on Aug 24, 2011 By Plano Criminal Defense Attorney
In cases such as OJ Simpson or Casey Anthony, there has been substantial media coverage of these "cases of the century." In all of these "cases of the century" there was a lot of ...
Continue reading "What If There Has Been Substantial Media Coverage Before My Trial?" »
Posted on Aug 23, 2011 By Plano Criminal Defense Attorney
The Texas Code of Criminal Procedure specifically states that "[i]t is the duty of the trial court, the attorney representing the accused, the attorney representing the state and all peace ...
Continue reading "Can The Media Attend My Trial?" »
Posted on Aug 22, 2011 By Plano Criminal Defense Attorney
The right to a fair trial is one of the most important requirements that must be upheld for a criminal defendant. This right goes hand-in-hand with the presumption of innocence. The presumption of ...
Continue reading "Right To A Fair Trial And Courtroom Atmosphere" »
Posted on Aug 19, 2011 By Plano Criminal Defense Attorney
As we noted yesterday, a fundamental part or requirement of due process is a fair trial. The Code of Criminal Procedure and the Texas Constitution objectives are to ensure that the accuse the right to ...
Continue reading "Right To A Fair Trial Continued." »
Posted on Aug 18, 2011 By Plano Criminal Defense Attorney
As enumerated in the Sixth Amendment, a defendant has a right to a speedy and public trial. The Due Process Clause of the Fourteenth Amendment requires that certain processes are "due" to ...
Continue reading "What Due Process Rights Does A Person Have To A Fair Trial?" »
Posted on Aug 17, 2011 By Plano Criminal Defense Attorney
In Apprendi v. New Jersey, the Supreme Court of the United States held that any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury and ...
Continue reading "What Does The Ruling Of Apprendi v. New Jersey Mean For Criminal Defendants?" »
Posted on Aug 16, 2011 By Plano Criminal Defense Attorney
Inherent in our analysis of the right to a speedy trial, is the prinicple that a defendant has a constitutional right to to be heard, in other words, have a right to have a fair trial. The phrase fair ...
Continue reading "What Does It Mean To Have A Jury Trial?" »
Posted on Aug 15, 2011 By Plano Criminal Defense Attorney
As we were discussing the Sixth Amendment last week, we were addressing the clause that guarantees the defendant a speedy trial. There are several factors that determine wehther a defendant's ...
Continue reading "Speedy Trial Act In Federal Courts And Texas Courts?" »
Posted on Aug 11, 2011 By Plano Criminal Defense Attorney
As we noted yesterday, the Sixth Amendment to the United States Constitution guarantees a defendant's right to a speedy trial. In addition to this protection, Article I, Section 10 of the Texas ...
Continue reading "What Is The Right To A Speedy Trial?" »
Posted on Aug 10, 2011 By Plano Criminal Defense Attorney
The Sixth Amendment to the United States Constitution states that In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and ...
Continue reading "What Is The Sixth Amendment To The United States Constitution?" »
Posted on Aug 9, 2011 By Plano Criminal Defense Attorney
As a general rule, if the police give a person Miranda warnings in the middle of an interrogation, whether the confession will ultimately be admissible is determined by the credibility of the officer ...
Continue reading "What Happens If The Police Give Miranda Warnings Midstream?" »
Posted on Aug 8, 2011 By Plano Criminal Defense Attorney
There was a method employed by the police that involved the police give Miranda warnings midstream--in the middle of the interrogation. What the police were doing would work the suspect of a crime in ...
Continue reading "Can The Police Interrogate Me First And Then Give Me Miranda Warnings?" »
Posted on Aug 5, 2011 By Plano Criminal Defense Attorney
We will continue to discuss the tactics that the police might use to obtain a confession. Yesterday, we addressed the issue of whether a police officer can use deception to obtain a confession. ...
Continue reading "What Deception Can The Police Employ To Obtain A Confession?" »
Posted on Aug 4, 2011 By Plano Criminal Defense Attorney
As we have noted previously, a voluntary statement must be the product of a free and intentional choice by the accused as opposed to intimidation, coercison, or deception. Becaue of this general ...
Continue reading "Can The Police Lie To Obtain A Confession? Continued." »
Posted on Aug 3, 2011 By Plano Criminal Defense Attorney
The police are charged with finding the truth. In the competitive enterprise of ferreting out crime, however, sometimes police use means are not the kind that we as a society necessarily accept. These ...
Continue reading "Can The Police Lie To Obtain A Confession?" »
Posted on Aug 2, 2011 By Plano Criminal Defense Attorney
Yesterday, we discussed the admission of a statement by the accused when the accused gives a written statement. According to the Texas Code of Criminal Procedure, the Miranda warnings must be on the ...
Continue reading "Oral Statements Under Texas Law" »
Posted on Aug 1, 2011 By Plano Criminal Defense Attorney
Texas, in recognition of the importance of the privilege against self-incrimination, has codified two important regulations. In Article I, Section 10 of the Texas Constitiution (Rights of accused in ...
Continue reading "Texas And Custodial Interrogation?" »