Constitutional Rights

The 4-word Retort To Assure Your Client Remains Silent

I've received some law book publisher flyers lately selling their wares about how criminal defense attorneys can teach their clients to respond to police questioning and remain silent. One publication purported to address the right to silence issue presented in Salinas v. Texas, 133 S.Ct. 2174 (2013). If you recall, Mr. Salinas was a suspect in [...]

By |2022-05-11T21:51:11+00:00April 24th, 2014|Constitutional Rights, Police Encounters|Comments Off on The 4-word Retort To Assure Your Client Remains Silent

Bryan-College Station DWI Bond Conditions Violate Right to Silence

Persons accused of DWI in Bryan-College Station are often subject to "conditions of bond" imposed by the judge who set bond after arrest. In cases where the person is alleged to have a BAC of .15 (or above) the judges have imposed conditions including the installation of an alcohol detection device (Interlock), a driving curfew, [...]

By |2022-05-11T21:51:12+00:00November 12th, 2013|Bryan College Station DWI, Constitutional Rights|Comments Off on Bryan-College Station DWI Bond Conditions Violate Right to Silence

Tips For Face-to-Face Contact With Police

Effective police work is necessary for an orderly and safe society. But when you are the target of an investigation it's important to understand your personal rights and responsibilities.    The law does not require you to incriminate yourself, nor does it require you to help the police perform their job more effectively. If questioned by [...]

By |2022-05-11T21:51:13+00:00August 7th, 2013|Constitutional Rights, Police Encounters|Comments Off on Tips For Face-to-Face Contact With Police

High-Resolution Images of Our Lives

Thanks to my friend, Robert Guest, for posting this. A study published this week by the American Civil Liberties Union shows law enforcement agencies across the country are maintaing "High-Resolution" images of our lives using scanners that capture images of passing or parked vehicles, noting their location, and uploading the information to police databases. As [...]

By |2022-05-11T21:51:13+00:00July 17th, 2013|Constitutional Rights|Comments Off on High-Resolution Images of Our Lives

Remaining Silent Does Not Invoke Your Right to Remain Silent

On June 17, 2013 the Supreme Court of these great United States (SCOTUS) ruled a criminal suspect does not invoke their 5th Amendment right to silence by remaining silent. Yep, you heard that right. Long live the Constitution!   Here are the salient facts of Salinas v. Texas. Mr. Salinas was a suspect in a [...]

By |2022-05-11T21:51:13+00:00July 3rd, 2013|Constitutional Rights|Comments Off on Remaining Silent Does Not Invoke Your Right to Remain Silent

So the Police are Knocking at My Door . . . Now What?

Occasionally I'll visit the Texas District & County Attorneys Association (TDCAA) website and check on recent articles written by Texas prosecutors. I like to see what's on their mind. I even enjoy their occasional disdain for the criminal defense bar's work protecting the constitutional rights of citizens accused. Recently, I ran across an interesting article [...]

By |2022-05-11T21:51:14+00:00May 8th, 2013|Constitutional Rights|Comments Off on So the Police are Knocking at My Door . . . Now What?

A Person’s Pre-Arrest Silence Argued as Evidence of Guilt . . . Really?

The Fifth Amendment to the United States Constitution prohibits self-incrimination. We've all heard (and can probably recite) our constitutional right to remain silent. Further, the high court's 1966 decision in Miranda v. Arizona enshrined the rights of persons in police custody, subject to custodial interrogation, to remain silent. Everybody knows we have the right to [...]

By |2022-05-11T21:51:14+00:00April 27th, 2013|Constitutional Rights|Comments Off on A Person’s Pre-Arrest Silence Argued as Evidence of Guilt . . . Really?

Is The Boston Marathon Bomber Being Treated Differently?

So my good friend (former career and decorated police officer) calls today and asks how we can treat the Boston Marathon Bomber differently than other persons who are accused of committing crime. He's like: "Dude . . . don't we all have constitutional rights?" "How can we treat the Marathon Bomber differently by not reading [...]

By |2022-05-11T21:51:14+00:00April 22nd, 2013|Constitutional Rights|Comments Off on Is The Boston Marathon Bomber Being Treated Differently?

Warrantless DWI Blood Draws Held Unconstitutional

On the SCOTUSblog, Lyle Denniston recapped the recent U.S. Supreme Court cases addressing the issue of warrantless blood draws in driving while intoxicated (DWI) investigations. (see Missouri v. McNeeley) Although Justice Clarence Thomas believed the chemical breakdown of blood alcohol in the body was sufficient to justify never having to obtain a warrant before an [...]

By |2022-05-11T21:51:14+00:00April 18th, 2013|Bryan College Station DWI, Constitutional Rights|Comments Off on Warrantless DWI Blood Draws Held Unconstitutional

New Law Compels Discovery From Texas Prosecutors

The Texas Senate voted to pass a new law, SB 1611, requiring prosecutors to provide criminal defense lawyers, among other important things, "any evidence relevant to the defendant's guilt or punishment."  Today prosecutors are not required by state law to provide evidence (except "exculpatory evidence") to defense lawyers unless ordered by the court. Many Texas [...]

By |2022-05-11T21:51:14+00:00April 11th, 2013|Constitutional Rights|Comments Off on New Law Compels Discovery From Texas Prosecutors

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