Texas Criminal Defense Insights — page 9
Practical, statute-anchored guides on Texas criminal defense — bond practice, suppression, probation, and license-defense intersections.
Posts 13–24 of 59
Tier classification and Art. 62.404 deregistration eligibility
Texas deregistration under CCP Art. 62.404 turns on a SORNA tier comparison. How counsel structures the petition, the clinical evaluation, and the hearing.
Texas outcry-witness doctrine — art. 38.072 in practice
How Texas Code of Criminal Procedure Art. 38.072 outcry-witness hearings work in practice — the gatekeeping function, the reliability hearing, and…
Texas § 46.04 felon-in-possession: the 5-year rule and how the clock actually runs
How the 5-year rule in Texas Penal Code § 46.04 actually runs — release dates, supervision, and the residence-only carve-out under DFW practice.
Suppression motions in Texas DWI cases
How Texas DWI defense counsel uses suppression motions under Art. 38.23 — stop, detention, field-sobriety, breath, and blood evidence.
Texas bond conditions under CCP Art. 17.40
CCP Art. 17.40 lets a Texas magistrate set reasonable bond conditions. What “reasonable” means in practice and how conditions are challenged.
McClellan and Art. 38.23: why Texas rejected the federal Leon good-faith exception
The Texas statutory exclusionary rule under CCP Art. 38.23 is broader than the federal rule. How counsel uses the McClellan line in Texas suppression…
3g aggravated offenses: probation restrictions explained
How the Texas "3g list" under CCP art. 42A.054 restricts probation and parole eligibility — the offenses covered, the consequences, and...
Surrender of the principal under CCP Art. 17.19 — the bondsman's risk lever
CCP Art. 17.19 lets a Texas surety surrender the principal back to custody. The statutory causes, the procedural mechanics, and how to litigate improper…
Sudden passion mitigation under PC § 19.02(d)
Texas Penal Code § 19.02(d) sudden-passion mitigation reduces murder from first-degree to second-degree at punishment. The two elements, the burden, and…
Remittitur under Art. 22.16 — post-judgment relief in surety bond cases
How sureties pursue post-judgment relief under Texas Code of Criminal Procedure Art. 22.16 — timing, eligibility, and DFW practice.
Recantation in Texas family-violence cases
Recantation rarely ends a Texas family-violence case. How counsel handles the victim
Protective orders under Code Crim. Proc. art. 7B in stalking cases
Code Crim. Proc. Subchapter 7B authorizes protective orders for stalking, sexual assault, and trafficking.
McClellan and Art. 38.23: why Texas rejected the federal Leon good-faith exception
The Texas statutory exclusionary rule under CCP Art. 38.23 is broader than the federal rule. How counsel uses the McClellan line in Texas suppression...
The Lautenberg Amendment and Texas family-violence convictions
The Lautenberg Amendment (18 U.S.C. § 922(g)(9)) is a lifetime federal gun ban for misdemeanor domestic-violence convictions.
Forum selection in dual-jurisdiction Texas warrant cases
How defense counsel selects between state and federal forum in dual-jurisdiction Texas warrant cases — the Art. 38.23 versus Leon good-faith analysis.