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Welcome Back Students
Welcome back students! The semester should be in full swing now with Texas A&M and Blinn College students settling-in to their fall schedules. It’s a time for meeting new friends and catching-up...
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Campus Carry Law Goes Into Effect
A controversial gun law went into effect this fall which permits concealed handgun carry license holders to possess their weapons on public college and university campuses. Many students say they feel...
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“How to Subpoena an Out-of-State Witness”
Successfully summoning an out-of-state witness to testify in Texas is a chore. Texas Code of Criminal Procedure, Article 24.28 is entitled Uniform Act to Secure Attendance of Witnesses from Without...
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“Using Metrology to Understand Forensic Measurements”
Metrology is the science of measurement. The State often relies upon measurements to prove allegations against our clients. For example, the determination of breath and blood alcohol concentrations in...
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“A Toxicological Guide to Retrograde Extrapolation Cross Examination”
Prosecutors like to use it. Occasionally, we may like it, too. Retrograde extrapolation is the method by which one estimates a person’s BAC at the time of driving based upon a chemical test result...
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Your Right to Remain Silent
We all understand the need for good law enforcement. But we also should understand our own rights and responsibilities when we interact with the police. Of interest today is a person’s right to remain...
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Beginning a New Chapter
Steve watched his daughter, Libby, graduate with a systems engineering degree from Texas A&M this past December. It was spectacular to hear her name called and watch as she sauntered across the...
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Happy New Year 2017
Although each day is an appropriate time to re-establish one’s priorities, the first day of each new year is traditionally a time of reflection, resolution, and development of a fresh outlook on the...
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“Preserving Error in Retrograde Extrapolation Cases”
Last month we introduced the toxicological aspects of cross-examining the retrograde extrapolation expert in DWI trials. Now, an understanding of toxicology will promote our error preservation before...
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“How Might Criminal Defendants Fare With a Justice Neil M. Gorsuch?”
If confirmed by the United States Senate, Judge Neil M. Gorsuch would fill the SCOTUS vacancy left by Antonin Scalia. During his 30 years on the Court, Justice Scalia moved the law dramatically...
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“More Women Criminal Defense Lawyers Wanted”
From my perspective the criminal law defense profession continues to be a man’s world. Based on 25 years of observation, the number of women defense lawyers at the county courthouse continues to be a...
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“Evaluating Anonymous Tips”
I dropped by a suppression hearing recently and listened to a prosecutor argue the merits of an anonymous tip, which they claimed justified an investigatory detention. I was puzzled. The State asserted...
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The Student’s Right to an Advisor
My youngest graduated from high school a few weeks ago. These milestones are always bitter-sweet for parents. We are proud of our children for achieving important life goals and we are excited watching...
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Summertime at Gustitis Law
Summertime at Gustitis Law can be fun as we regularly hire summer interns to help out. This year was no exception as two new interns came aboard to assist Nelda and me for the next few months. Lauren...
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Do Texas Prosecutors Cheat?
Prosecutor misconduct has been all the buzz lately,1 especially in the wake of a steep uptick in exonerations. In 2013 there were 13 exonerations in Texas,2 compared with 39 in 2014,3 and 54 in 2015.4...
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“Summoning Courage to Try Something New”
My inspiration for this piece was our colleague and friend, John Gioffredi.1 John’s approach to DWI defense has changed the way I try cases. His approach is not fancy, nor terribly difficult. In fact,...
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Pre-Trial Diversion Could Work In Brazos County
I’ve spent a great deal of time in Brazos County court this week. Meeting with prosecutors, working to resolve cases, negotiating . . . and getting nowhere. Hurry-up and wait was the maxim. So what’s...
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“Will H.B. 3016 Change the Way We Defend DWI Cases?”
Deciding to litigate a DWI first offense has historically been a no-brainer. Unless the prosecutor was willing to reduce charges and offer deferred adjudication on obstructing a highway, for instance,...
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Bryan-College Station ALR Defense
Administrative License Revocation is often a waiting game. ALR is short for Administrative License Revocation. People get involved in this administrative process after they are arrested for driving...
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How to Obtain Funds for Experts in Criminal Cases
How does the criminal defense attorney obtain funds to pay experts in a criminal case? More specifically, when a defense lawyer needs expert assistance and the client cannot afford to pay for it, how...
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