Entrapment is a legitimate defense to any criminal charge, federal or state. No federal statute authorizes the defenses, although some states have codified the defense, like Texas (Texas Penal Code § 8.06). The fact that entrapment is recognized in virtually every U.S. jurisdiction, however, demonstrates the validity and importance of the defense.
ORIGINS OF THE…

When it comes to federal drug trafficking charges, appearances can be deceiving. You don’t need to be caught selling drugs or running a large operation to face life-changing consequences. Sometimes, possession of a certain quantity of drugs is enough for prosecutors to claim intent to distribute. These cases are serious, but they’re not unbeatable.
At…

It took place in Wilkes-Barre, Pennsylvania, in the early 2000s and would become what would be known as the “kids-for-cash” scandal. It began when two Luzerne County judges, Mark Ciavarella, and Michael Conahan, initiated a scheme to shut down a county-run juvenile detention facility to accept $2.8 million in kickbacks from the builder and co-owner…

Imagine this: you’re involved in a tragic accident, and before you can fully process what happened, you’re facing accusations of vehicular homicide. It’s a terrifying thought—one moment that changes everything. While the charges are serious, it’s important to remember that an accusation is not a conviction. You have the right to defend yourself, and the…

Discovery in criminal cases in Texas has a tortured history. The State’s discovery statute, Article 39.14 of the Texas Code of Criminal Procedure, was enacted in 1965. As the Texas Court of Criminal Appeals (CCA) has often noted, the statute did not confer upon a criminal defendant the general right to discovery.
Disclosure was left…

Last month, we posted a piece about a landmark decision, Heath v. State, in which the Texas Court of Criminal Appeals held that a prosecutor has an affirmative duty to determine if law enforcement has evidence in its possession and if it does, secure that evidence over to the defense “as soon as practicable”…

In the wake of the infamous 2019 Harding Street “no-knock” raid by the Houston Police Department that left a couple and their pet dog dead and the murderous 2020 “no-knock” raid by the Louisville Metro Police that left Breonna Taylor dead and her boyfriend wounded, there have been serious state and national legislative efforts to…