mintzerlawIn 2008, the United States Supreme Court silenced the debate over the meaning of the Second Amendment to the U.S. Constitution with its ruling on District of Columbi a v. Heller, thus upholding the right of people to keep and possess firearms. The decision included an acknowledgment of the right of the states and the federal […]
Unlike other states where disorderly conduct is a minor violation punishable by a fine, Texas lawmakers made disorderly conduct a misdemeanor charge. A misdemeanor is a criminal offense punishable by a fine, probation or jail. Typical penalties for a first offense are a fine and, depending upon the circumstances, probation. Police frequently use disorderly conduct when other criminal […]
It appears at times as though every person charged with committing a crime has watched enough police shows on television to know the Miranda warnings by heart. As soon as the suspect is “collared,” the star of the show begins reciting the litany that begins with “you have the right to remain silent.” The problem […]
The defendant in a criminal case is the person accused of committing a crime. A defendant in the United States has the benefit of the presumption of innocence. This places the burden upon the prosecutor to prove the defendant’s guilt beyond a reasonable doubt. The accused does not have offer any evidence in opposition or offer […]