The Defense Perspective
A criminal defense blog touching on issues of interest to the client accused of a crime.
Author: Stephen Gustitis is a solo practitioner in Bryan, Texas.
Blawg Related Categories: Criminal Justice • Solo / Small Firm • Legal Information • Private Defense
Recent Posts from The Defense Perspective
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Texas Statute of Limitations
Several cases have come into the office recently in which the statute of limitations (SOL) was a big question for the client. An expunction case, for instance, might not be ripe for filing until the…
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Reporting Child Abuse
A member of my church contacted me a few weeks ago about their duty to report child abuse in the context of child care situations and spiritual counseling. After some online research in the Texas…
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In the Defense of Experts
The prosecution often uses expert witnesses to meet their burden of proof in a criminal case. Common examples are breath test technical supervisors in a DWI prosecution; forensic chemists who analyze DNA in a sexual…
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Other Expunction Laws
Over the last several weeks we've looked at the process of expunging felony and misdemeanor criminal arrest records under Article 55 of the Texas Code of Criminal Procedure (CCP). There are other laws providing the…
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Procedure for Expunging Criminal Records
Over last few weeks we've looked at a person's right to expunge records relating to a criminal case for which they were arrested. We looked at misdemeanor expunctions here and felony expunctions here. Once a…
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Expunging Felony Arrest Records
Last week we examined the expungement of misdemeanor arrest records. Today we'll look at the more difficult case scenario . . . Expunging the felony arrest record. Regarding felony charges, the Texas Code of Criminal…
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Expunging Misdemeanor Arrest Records
Potential clients often call asking whether their particular case is expungable. My first question is whether the person was arrested for a felony or a misdemeanor offense? If arrested for a misdemeanor, my next question…
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Deferred Adjudication and Non-Disclosure Unraveled
Many people have heard of deferred adjudication. Deferred adjudication typically occurs by way of a plea bargain when the accused person pleads guilty to an offense, but the judge "defers" a finding of guilt while…
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Only A Ticket for Marijuana?
Several potential clients called and were confused about a relatively new law allowing police officers to simply "ticket" a person for possessing marijuana rather than formally arresting them and taking them to jail.In 2007 the…
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Applying For a Texas Pardon
Last week we looked at Texas executive clemency (pardons) and the opportunity convicted persons have to restore their citizenship rights through full, conditional, or innocence based pardons. Now a short study of how folks go about…