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Murder Defenses(Part 2)

Posted by Edward Chernoff | Jun 06, 2021 | 0 Comments

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...

Murder Incorporated

Posted by Edward Chernoff | Mar 22, 2021 | 0 Comments

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

Posted by Edward Chernoff | Jul 22, 2020 | 0 Comments

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

Posted by Edward Chernoff | May 27, 2020 | 0 Comments

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?

Posted by Edward Chernoff | May 13, 2020 | 0 Comments

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

Posted by Edward Chernoff | Apr 26, 2020 | 0 Comments

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

Posted by Edward Chernoff | Feb 04, 2020 | 0 Comments

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 ...

Federal Detention Hearing

Posted by Edward Chernoff | Jun 30, 2019 | 0 Comments

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 War Against Doctors

Posted by Edward Chernoff | Mar 15, 2019 | 0 Comments

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...

A Little More About Harassment

Posted by Edward Chernoff | Mar 16, 2018 | 0 Comments

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 ...

A Little More About Assault of a Family Member

Posted by Edward Chernoff | Mar 16, 2018 | 0 Comments

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...

Sex Offender Registration in Texas. Time for a Change

Posted by Edward Chernoff | Nov 29, 2017 | 0 Comments

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...

The Bachelor

Posted by Edward Chernoff | Nov 13, 2017 | 0 Comments

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 Unfounded Accusation

Posted by Edward Chernoff | Jul 30, 2016 | 0 Comments

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...

The End of the Defense Attorney

Posted by Edward Chernoff | Jan 24, 2016 | 0 Comments

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...

Who Is the Best Criminal Lawyer in Houston?

Posted by Edward Chernoff | Sep 06, 2015 | 0 Comments

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 ...

MOEP IS BULLSH***!

Posted by Edward Chernoff | Jun 10, 2015 | 0 Comments

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...

DWI Pretrial Diversion in Houston

Posted by Edward Chernoff | Aug 20, 2013 | 0 Comments

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...

The Catch-22 of Pretrial Diversion

Posted by Edward Chernoff | Jul 28, 2013 | 0 Comments

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...

Blood Test Problems and Houston DWI Cases

Posted by Edward Chernoff | Jun 20, 2009 | 0 Comments

DWI Blood Tests New Blood Test Laws As of September 2009, a new law in Texas was enacted regarding blood tests for  DWI cases. Police officers can now order a blood test from a DWI suspect if: A person other than the DWI suspect suffers bodily injury and is transported to a hospital Someo...

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