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Charles Davis Thompson, Attorney at Law - Criminal Law Blog

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In the 180th District Court of Harris County, Texas, I had a felon in possession of a weapon dismissed last week!

Just had a class B possession of marijuana dismissed in Harris County Criminal Court at Law # 10 today.

Great news for a client, the assault family violence case in County Criminal Court at Law 8 was dismissed. It is a good win to have a case like this dismissed because a conviction would have long lasting effects. A family violence conviction will mean that you could not own a firearm. Also, a second allegation would be filed as a felony.

A driving while intoxicated case was dismissed in Harris County Criminal Court at Law #6 after the Judge granted the defense's Motion to Suppress Evidence after due to insufficiency!

Had a driving while intoxicated case that was filed by the Houston Police Department dismissed in Harris County Criminal Court at Law 12.

ARE YOU UNDER ARREST?

Posted by: cdthompson in Untagged  on

It is important in a criminal case to determine when some is "arrested" because certain important constitutional rights attach at the point. So, I am always entertained at what lengths the Courts of Appeals will go to so that citizens are not afforded those rights. If you were ordered to lie in a prone position while being handcuffed are you under arrest in Texas? In Jenson v. State, No. 02-10-00449-CR (Tex.App.--Forth Worth Feb. 16, 2012) you are just detained - not under arrest. If you are under age and a police officer tells you that you cannot leave, are you under arrest in Texas? In re C.M., No. 05-10-01264-CR (Tex. App.--Waco Feb 22, 2012) you are not under arrest.

Great news for an incarcerated client, I obtained a dismissal on an Engaging in Organized Criminal Activity case that I had obtained a hung jury on earlier in the year.

JURIES IN HARRIS COUNTY ARE OLD AND WHITE

Posted by: cdthompson in Untagged  on

In an excellent article by Chris Daniel in the Houston Chronicle entitled "Why Juries Don't Reflect Demographics of County" published on August 5, 2012 stated something that those of us who practice criminal law in Harris County, Texas have know for a long time. Jurors are older and 50% white. This is in sharp contrast to the demographic make up of Harris County making it harder to obtain a jury of your peers.

I believe that because the video equipment malfunction, a Driving While Intoxication Case was dismissed in Harris County Criminal Court at Law 6.

Yesterday, I had a Driving While Intoxicated case dismissed out of County Court at Law #1 of Harris County, Texas.

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