For a long time now courts have realized that a confession is certainly not voluntary simply because it is true. There are a long line of Supreme Court cases which have shown that the voluntariness of a confession is based on the "totality of the circumstances"...
Freedom of Speech of the Press is guaranteed by the First Amendment of the United States Constitution and is applicable to the States, according to the Supreme Court in a case in 1930. As such, the trial court should not attempt to wholly prevent a newspaper from...
Your past can haunt you. Especially if you have a previous false accusation that you were acquitted of or was dismissed and the statute of limitations have run or if you just did something stupid and you were given a second chance. It can loom around forever if you...
Theft is known as a crime of moral turpitude. It is especially troubling to be charged with a theft because if you are convicted or if the matter is not expunged from your record, then it will be extremely difficult for you to get a job in many instances. When...
An indictment must allege that the credit card was used without the named cardholder's consent.If a credit card abuse offense does not require that the defendant actually received the property, the indictment does not have to describe the property. Offenses that...
The elements of forgery are that the state shows that the defendant: 1: with the intent to defraud or harm another; 2: passed; 3: a writing; 4: that purported to be the act of another; and 5: that the other person did not authorize the act. An intent to defraud or...
Intoxication in an involuntary manslaughter or intoxication manslaughter prosecution has the same definition as in a DWI prosecution. However, an involuntary manslaughter prosecution was not simply a DWI case resulting in death. First, DWi is a strict liability...
Deferred adjudication probation can be a double-edged sword. The reason is because if you successfully complete all of the terms and conditions of probation then the charges will be dismissed upon your discharge from probation. That is a great thing, because with...
According to an article in the Dallas Morning News, the Senate voted to revamp the troubled Texas Driver Responsibility Program, under which more that 1 million Texans have been unable to unwilling to pay stiff surcharges on top of their regular fines for driving...
In Collin County, Aggravated Assault cases are prosecuted in McKinney, Texas in District Court. Most of the time, Aggravated Assault with a Deadly Weapon is indicted as a second degree felony and has a range of punishment of 2-20 years confinement in the Texas...
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