To be able to answer the question posed in the title of this post, we have to understand what asset forfeiture means. The words themselves can be a little misleading. Asset forfeiture does mean what it says. A person has assets and they are forfeited, usually because...
Experienced Trial Lawyers
Mingledorff Law
Federal crime charges often follow clear signals
Some months ago, we wrote about an apparent shift in prosecution focus in Harris County regarding some alleged drug offenses. The highlight of that item was that the district attorney planned to make going after marijuana misdemeanors less of a priority. What, we...
Are there limits to free speech?
We enjoy freedom of speech in Texas. It's protected under the Constitution. But there are limits. You can't yell fire in a crowded move theater. Banning certain speech is legal in a private home or business. Social media sites have a right to delete content deemed...
Rule of law applied in violent crime charges
Judging from the headlines, we might believe we live in times that are more violent than in the past. In the wake of several recent trials in which juries acquitted police officers charged in deadly shootings, it might also leave some asking whether justice has taken...
‘Sexting’ may be common, but it’s often illegal
"But everybody's doing it!" That's a common refrain from youngsters. Of course, the common response from most parents to such a remark is equally well known. "Just because everybody's doing it doesn't make it right." 'Sexting' may well be said to be the "everybody's...
Sometimes optimal outcome in criminal case isn’t what’s expected
Sometimes circumstances when we are in a frail mental state can lead to irrational behavior. If that behavior gets you charged with a criminal act, even if it isn't one of violence, what should the punishment be upon conviction? Some months ago, a story made headlines...
What evidence can police access from your cell?
Ratified in 1791, the drafters of the Fourth Amendment could never have imagined the role cellphones would play our 2017 day-to-day lives. The "right of the people to be secure in their persons, house, papers and effects" was to meant to prohibit "general warrants"...
Texas among the toughest states for crimes against animals
As with many areas of law, claims of animal cruelty can bring federal or state charges. In some cases, there might be local ordinances addressing the subject. Regardless of what jurisdiction brings animal cruelty charges, it's important to meet them with a strong...
You have rights under police questioning. They might not tell you
Just because you have the right to remain silent doesn't mean the police have an obligation to let you know it. This might surprise some readers. The recitation of the Miranda warning every time TV and movie cops slap handcuffs on a suspect is so common that it might...
From charging decisions to bail determinations
Every moment from an arrest matters. As the gears of the criminal justice system slowly begin to crank, past convictions could re-emerge that increase a charge or penalty. An initial hearing will discuss release conditions and almost always set monetary bail. Without...