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The Judge Showed Mercy

Placing a defendant on probation or deferred adjudication probation happens all the time.  However, when a defendant who is already on probation or deferred adjudication probation picks up a new charge, the likelihood of the defendant being placed back on probation is slim to none.  This is the challenge that I dealt with last week.  ...

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Motion for Bond Reduction Argument: Theft of Service Conviction is Not a Crime Involving Moral Turpitude

Two convictions charged under Crime Involving Moral Turpitude (CIMT) not arising out of the same scheme of misconduct, regardless of whether confined and regardless of whether convictions were in a single trial,  is a mandatory no immigration bond.  Crime involving moral turpitude has been defined as an act or omission that is so far contrary to the ...

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Use of Phone is NOT Sufficient for Conviction of Criminally Negligent Homicide Charge in Texas

In Texas, use of a cell phone at the time of auto accident was found not to be sufficient to support conviction of criminally negligent homicide. Montgomery v. State, 2011 WL 2150230 (Tex.App.-Hous. (14 Dist.) June 02, 2011) (NO. 14-09-00887-CR).  “One of the State’s [expert witnesses] testified that he believed cell phone usage was a ...

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