What is the Insanity Defense in Texas criiminal court? Texas Penal Code, Sec. 8.01 provides the framework for the defense of insanity in Texas Criminal courts. It states that “it is an affirmative defense to prosecution that, at the time of the conduct charged, the actor, as a result of severe mental disease or defect, did not know that his conduct w...
You want to know if you should take the plea bargain that has been offered you? Naturally the answer to this question is case specific, but in order to help you in your decision I will discuss the general pros and cons of a plea bargain. Let us begin by defining “plea bargain”. A plea offer is not necessarily a "plea bargain". For an accused, a “plea bargain” is a resolution to the case that is substantially better than ...
Ed Chernoff discusses intoxication as it relates to Murder defenses.
Somewhere out there in the abyss that is the Texas Legislature, a group of individuals are discussing a way to make all open possession of handguns legal. Their argument is that we are all safer if everybody carries a weapon. In actuality, there appears to be a romanticizing of the Texas west tha...
Ed Chernoff discusses self-defense as a justification for the charge of Murder in Texas.
What is Murder in the State of Texas? Believe it or not, Murder is defined differently in different States. All Murders require a homicide, that a person died due to the actions of another human being. In Texas, Murder is defined in Penal Code §19.02, which states that a person commits the offen...
Zoom Lawyering Covid has served to disrupt the Harris County Criminal Courts. In addition to face mask requirements, the system itself has changed considerably in an effort to provide a safe and suitable court and work environment. For the last four months, many court settings have been rolled to...
The Danger of Staying Home I can't speak for other criminal defense attorneys but judging by the calls I'm getting it appears that the stress of home confinement has caused an increase in family violence. Some of it is simple bickering, some is outright hostility and unfortunately, some of the ca...
DNA Sample for a Mere Misdemeanor? Every summer, us criminal defense attorneys pay attention to the mechanizations of the Texas Legislature to determine what new laws we may be having to deal with in September. This year I was curious about a bill proposed by a Conroe legislator that mandated a ...
Listen to Your Lawyer I remember most of the stupid things I have done. One that sticks out is the day I decided to replace the pea trap under my kitchen sink. It really looked simple. Two attaching rings and maybe one pipe section that needed to be replaced? How hard could that be? I'm an educa...
The Damage of a False Accusation Many of my clients are innocent. Falsely accused, they burn with a fury that is often times difficult to reign in. I am often asked the same question, “You mean to tell me that I can be charged with a crime based only on the statement of one person?”. It is hard ...
Ed Chernoff reviewing law on Federal Detention Nuts and Bolts of Federal Detention Hearing The Bail Reform Act of 1984(18 U.S.C. §3142) is the best place to start. This law was enacted during “Just Say No” and the TV show Miami Vice, where the country was coming to terms with the proliferation...
The opioid crisis is a real crisis. People are dying. Of course, the government looks for a clear bogeymen in these situations, since it makes for palatable political fodder. In the two decades after Ronald Reagan took office as President, the main bogeymen for the drug crisis were the drug users...
Pretrial Intervention is a contract with the prosecutor that feels a whole lot like probation. That's the bad part. The good part is that the prosecutor's responsibility is to dismiss the criminal action so long as the accused fulfills the probation like conditions for which he is responsible. Th...
The crime of Harassment in the State of Texas originates from a broadly constructed statute that prohibits various types of electronic communication intended or designed to annoy, harass, alarm, abuse, torment or embarrass the recipient. Among other activities, the statute specifically prohibits ...
At least once a week I receive a phone call from a girlfriend, wife or husband who regrets calling the police on their loved one and wants to know how to “drop” charges. I know what she wants. She wants to go back in time and erase the problem without having to deal with the court system or the e...
Who Goes into Texas Sex Offender Registry? Currently, Chapter 62 of the Texas Code of Criminal Procedure governs Sex Offender Registration. It details when registration is required and for how long. If we were to condense it down to basics, just about everybody has to register for the rest of the...
Most of my clients are on bond. However, some unfortunates have cases of sufficient severity that bail has been set too high to make. One female client of mine, who is charged with two cases including Capital Murder, sits in the jail on Baker Street awaiting trial. I visit her frequently, but cou...
The Truth about Getting Domestic Violence Charges Dropped Often in the heat of an argument, a husband, wife, boyfriend, or girlfriend will call the police because they don't know where else to turn to bring calm to a domestic situation. Often they don't realize that this will result in domestic a...
When Ezekiel Elliott was accused recently of domestic violence, my bullsh*t meter started ringing. I've spoken on the topic of Domestic Violence and family assault before, but examples keep surfacing that proves my point. We, the collective society, have created an atmosphere of victimization tha...
I had to upgrade my computer last year. I went to the most powerful Mac Pro available, and added an external four terabytes. I didn't have a choice but to spend the money. I needed the video editing capabilities that only a monster processor and memory would provide. Thanks to technology, the tim...
Every now and again I check the stats on my website to see what search terms people are using to get to my website. I'm interested in finding out what the normal citizen is looking for in a lawyer. As I have said frequently on this blog, I endeavor to put as much legal information as possible on ...
What Is an MOEP? For those of you who don't know what an Magistrates Order of Emergency Protection (MOEP) is, it's an order from a Judge prohibiting an accused from, among other things, going near the residence or place of business of an alleged victim of family violence in Texas. I know it seems...
I have addressed some of the problems with pretrial diversion in all types of cases, and the dangers discussed apply in DWI cases as well. However, there are some unique issues with DWI diversions that a client needs to understand. In many respects, a pretrial diversion for a DWI is a gift. An in...
One of the great new policies of the Harris County District Attorney's office is the use of Pretrial Diversion. The program provides an accused the assurance of a dismissal with the completion of certain conditions. The conditions are usually burdensome, but no more than a regular probation or de...
Chernoff Law is committed to answering your questions about Theft, Assault, Sex Crimes, Drug Crimes, Federal Crimes, Probation Violation, Murder, DWI/DUI, and Violent Crime law issues in Texas.
I offer a free consultation and I'll gladly discuss your case with you at your convenience. Contact me today to schedule an appointment.