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Discussion Topic  RE: DWI Blood Draws (in Criminal) by Jon English
You can for the DPS lab fees for sure as a condition of probation. CCP 42A.301(b)(18) says conditi......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: nepotism (in Criminal) by Jon English
I've never charged this before, but I might be able to offer you some hints on building a charging d......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Body Cam Footage - Prior to activation (in Criminal) by Jon English
It’s not “Brady” unless it’s mitigating, exculpatory, or impeachment evidence. But if it’s any kind ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Revocations via Zoom/videoconference (in Criminal) by Jon English
If I’m following you correctly, you’re okay as long as they signed a 27.18 consent form. Gotta have ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Felony Plea in Absentia (in Criminal) by Jon English
We haven’t gambled with a felony plea in absentia, but since almost all of our defendants are in TDC......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Enhancing DWI 2d to felony (in Criminal) by Jon English
And to clarify, this isn’t a case of mine. I just jumped in on the case law research here on this th......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Enhancing DWI 2d to felony (in Criminal) by Jon English
Ah. Gotcha. I see the distinction. I may have rushed through the fact pattern myself. Thanks for the......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Enhancing DWI 2d to felony (in Criminal) by Jon English
I’m not so sure if that’s correct, even though that’s what I originally thought. Check out Gibson v.......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Enhancing DWI 2d to felony (in Criminal) by Jon English
Dismiss the misdemeanor and indict on the felony DWI before the SOL runs in February based on the tw......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Controlled Substance in Correctional Facility (in Criminal) by Jon English
Our experience in the Special Prosecution Unit (where this is our most common charge) is that anythi......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: New hemp law (in Criminal) by Jon English
So now the definition of “controlled substance” says that it doesn’t include “hemp” as defined by th......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: discharge from "straight" probation. Conviction or not? (in Criminal) by Jon English
Wait, sorry. Didn’t see this was a special offense (Family Violence). Yes, I think it counts for enh......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: discharge from "straight" probation. Conviction or not? (in Criminal) by Jon English
It’s still a conviction, but not a “final conviction” for enhancement purposes....
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Translating letter and getting it admitted (in Criminal) by Jon English
It turns out the officer who originally translated the letter in the offense report is a certified t......
TDCAA > TDCAA Community > Criminal

Discussion Topic  Translating letter and getting it admitted (in Criminal) by Jon English
I'm prosecuting an inmate for a gang hit. We intercepted a prison letter he was sending to the outsi......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Blackmail/ Extortion (in Criminal) by Jon English
I thought about that too, but in this case the victim actually donates his salary back to the organi......
TDCAA > TDCAA Community > Criminal

Discussion Topic  Blackmail/ Extortion (in Criminal) by Jon English
Woman contacts an organization and says "The head of your organization had an affair with me 25 year......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Subbing chemist from out of state lab? (in Criminal) by Jon English
Update on this thread - thanks to everyone’s feedback we were able to confirm that DPS will help us ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Subbing chemist from out of state lab? (in Criminal) by Jon English
I guess we can try asking the local lab to re-test, but the local lab only sent it off because they’......
TDCAA > TDCAA Community > Criminal

Discussion Topic  Subbing chemist from out of state lab? (in Criminal) by Jon English
Been a while since I had to deal with this: where are we on out of state lab results? We caught a ......
TDCAA > TDCAA Community > Criminal


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