Thousands of students face campus discipline courts each year at both public and private universities. Penalties range from letters of reprimand to suspension or expulsion from school. For students with related criminal charges the campus disciplinary process carries added risk. The unwary student, without legal counsel, runs the risk of incriminating themselves by speaking freely [...]
The proponent of scientific evidence typically bears the burden to show the evidence is reliable. [See Daubert v. Merrell Dow Pharmaceuticals Inc. 509 U.S. 579 (1993); Kelly v. State, 824 S.W. 2d 568 (Tex. Crim. App. 1992); Hartman v. State, 946 S.W.2d 60 (Tex. Crim. App. 1997)] Reliability requires proof the underlying scientific theory was [...]
Texas lawyers defending DWI breath-test cases continuously search for ways to attack the Intoxilyzer 5000 and the admissibility of test results. In recent years the Scientific Director of the Texas Breath Alcohol Testing Program has adopted formal written "Standard Operating Guidelines" (SOGs) for technical supervisors to follow in the operation and maintenance of the machines. [...]
We started our discussion about defending the forensic evidence case a few weeks ago. Now that you're committed, it's time to start studying, brainstorming, and building ideas. Here are some thoughts on constructing a solid foundation. Investigate The Crime Scene Larger police departments usually have specialized police officers trained in crime scene investigation. They're trained [...]
College Station is a big university town. Each fall the population swells by 50,000 as Texas A&M Aggies flood the streets, restaurants, and apartment complexes. Of course, local drinking establishments top this list. And it's a bonanza for local law enforcement and it's only a matter of time before horrified parents from Houston, Dallas, or [...]
Let's give a helping hand to young lawyers . . . those up and coming. Hard-workers looking for ways to defend difficult cases. Since the most satisfying reputation any lawyer can develop is one for taking difficult cases others don't want, learning to develop defensive ideas in forensic laden cases is a invaluable skill. Here's [...]
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 [...]
My kids are teenagers now. It won't be long until all three are enrolled in college and living away from home. We prepare our kids for life absent our direct supervision but once on their own they often find themselves in trouble at school, and even worse, with law enforcement. The administrative rules and [...]
Law school does a horrible job preparing the aspiring young (and old) student for the vibrant practice of law. In fact, law school may do more harm than good in many respects. I've been doing some reading on how some have thought to make law school a better launching pad for attorneys-to-be. Here's the run-down [...]
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 [...]