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“No Refusal” DWI Blood-Draw Programs Commonplace

December 20, 2011

Last year, 801 people died in alcohol related traffic fatalities in the state of Texas. This number has climbed over the past several years. In 2009, Texas had the most alcohol related fatalities of any state in the country. These numbers have pushed lawmakers to take more aggressive steps in getting drunk drivers off the road, including mandatory blood draws. [Read more…]

Filed Under: DWI Tagged With: breathalyser, criminal procedure, DWI, evidence

Harris County Stops Prosecuting Crack Possession, Peeves Cops

December 8, 2011

If you are caught with less than one gram of crack-cocaine, it is a crime. But if you are caught in Harris County, you’ll likely be let off with nothing more than a stern warning and a dirty look from the police. This is because Harris County District Attorney Pat Lykos has stopped prosecuting for such offenses, an action that has the police up in arms. [Read more…]

Filed Under: Drugs Tagged With: crack, criminal procedure, Drugs

Former Dallas Crime Lab Worker Campaigns for an Audit

September 8, 2011

Dr. Chris Nulf worked for the Dallas County Crime lab for a little over a year. In that time, he says he saw inconsistent practices and poor evidence handling procedures. He sent anonymous complaints to the Texas Forensic Sciences Commission while he was employed there and continues to speak out today. But nothing has been done and the Dallas lab remains one that hasn’t come under review by the commission to date. [Read more…]

Filed Under: criminal law Tagged With: criminal procedure, evidence

Lawmakers Change Police Photo Lineup Procedures

July 11, 2011

Early last month we blogged about pending legislation regarding the photo lineup procedures practiced by law enforcement departments across the state. That legislation passed and now Texas police departments have to revamp the way they’ve done lineups for years, all in an effort to reduce the number of innocent people being identified by witnesses. [Read more…]

Filed Under: criminal law Tagged With: criminal procedure, police

Texas Jails Hold Thousands With Untreated Mental Illness

April 28, 2011

The mentally ill seem to have drawn the short straw again this year as the state stands to cut funding to many community care programs, treatment, and counseling organizations. The state is already ranked 49th in terms of spending on mental health and it’s only going to get worse. With fewer and fewer community resources for the mentally ill, the police and local jails are left dealing with issues they simply aren’t equipped to handle. [Read more…]

Filed Under: criminal law Tagged With: criminal procedure, jail, sentencing

Travis County Offers Unique Felony Deferred Prosecution Program

March 23, 2011

The only one of its kind in the state, a deferred prosecution program in Travis County allows a second chance for some fortunate and remorseful felony-accused defendants. Though not all prosecutors are supportive of this move, the Travis County DA stands by her decision to screen some first-time, nonviolent offenders into programs that save them from a criminal record. [Read more…]

Filed Under: criminal law Tagged With: criminal procedure, deferred prosecution, sentencing

Harris County DA Turns Justice Into Game

February 18, 2011

The very same District Attorney who was elected on a platform that said “Judges aren’t referees, and justice is not a game” has turned her office into a playing field, offering prosecutors rewards for taking cases to trial rather than settling them through plea bargains. In 2008 she said convictions shouldn’t be “about the counting of scalps”, according to the Houston Chronicle. [Read more…]

Filed Under: criminal law Tagged With: courts, criminal procedure

Former Texas Convict Shares Story of Mistaken Eyewitness Testimony

January 27, 2011

Although the woman who was raped in 1983 initially told police Michael Anthony Green wasn’t one of the four who hurt her, she later changed her tune when Green was in a lineup. This changed account would end up sending Green, then 18, to prison for 27 years. [Read more…]

Filed Under: criminal law, sex offenses Tagged With: criminal procedure, evidence, sentencing, sex offender

Dallas County Has Alternative Sentencing Options

August 26, 2010

The Dallas County alternative sentencing option is being heralded a success for a variety of reasons. Not only do the defendants prefer their home to a jail cell, the county can appreciate the hundreds of thousands of dollars the program has saved in its first year.

It’s nearly been a year since the county began the program and it’s already saved $366,016, according to the Dallas Morning News. And the cost of the program—already paid for. The County had budgeted only $200,000 to get the program on its feet, well surpassed by nearly two-fold. [Read more…]

Filed Under: criminal law Tagged With: courts, criminal procedure, Dallas, sentencing

Flawed Eyewitness Identification At Fault In Two Recent High Profile Cases

August 12, 2010

Two cases of DNA exoneration in the Houston area is bringing the issue of eyewitness identification into the light. Two men who served a combined total of 46 years behind bars for offenses they didn’t commit can largely blame eyewitness identification for their convictions. [Read more…]

Filed Under: criminal law Tagged With: crime, criminal procedure, dna, evidence

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