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criminal defense Archives

Penalties for marijuana reflect its dangerous potential

Many advocates of marijuana have scoffed at the notion that it is a so-called gateway drug which will inevitably lead to the use and abuse of harder drugs. While its legalization for medical purposes has proven beneficial in some states, the evidence remains that it is linked to increased likelihood of heroin and cocaine use.

The basics of bail

When an individual is taken into custody, that person may be given a citation and a promise to appear in court. However, a Texas resident may also be taken to jail after being taken into custody, and at that point, it may be necessary to bail out. A judge will determine if a person is eligible for bail and how much a person needs to pay to buy his or her freedom.

How are jury members chosen?

Jury selection happens at the very beginning of a criminal trial and is a crucial part of the process that has a major impact on the outcome. As the finder of fact, the jury will decide what pieces of evidence and testimony are credible and will deliver its verdict based on what it determines the facts of the case to be. Of course, no human being is perfectly objective, and each member of the jury comes with his or her own background that influences his or her perception of credibility. The task of an effective defense attorney is to aim for the inclusion of jurors able to be fair to the defendant and to challenge any improper actions on the prosecution's part.

When a prosecutor must share exculpatory evidence

When an individual is charged with a crime in Texas, the prosecutor is obligated to share any exculpatory evidence uncovered during their investigation of the defense. Unfortunately, some prosecutors skirt this responsibility, which could lead to the conviction of an innocent person.

Man pleads guilty to $2 million theft

In September, a man in Texas pleaded guilty to two counts of theft over $200,000. The 69-year-old Killeen man was accused of embezzling over $2 million from the 195 Lumber Co. while he was employed as the company's chief financial officer. A sentencing hearing for the man's case has been scheduled to take place on Nov. 4.

A comparison of misdemeanor and felony assault

When an attack or altercation breaks out in Texas and authorities file assault charges, the circumstances of the situation will determine the severity of the alleged offense. The extent of harm caused and the target of the violence or threat play significant roles in the application of the laws.

Elements of an accomplice

If a Texas resident is said to be complicit in a crime, it means that he or she helped or played a role in the commission of the felony or misdeameanor. In some cases, an accomplice may face the same penalties as the person who actually committed the crime. This is generally true if a person encouraged an illegal act to take place or didn't do anything to prevent it from happening.

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