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Discussion Topic  RE: identity theft and the SOL (in Criminal) by Ken Sparks
The discovery rule does not apply in criminal cases. However, the defendant's absence from the state......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Prosecutorial Discretion (in Criminal) by Ken Sparks
I send a written request to recall the order of commitment for those in custody or the warrant for t......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Attorney's Fees (in Criminal) by Ken Sparks
I believe this fee is collected as part of the standard court costs by the clerk's office....
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Investigative Reporter / Witness (in Criminal) by Ken Sparks
Why not prosecute the dealer if you have the delivery taking place on tape? Simply because a reporte......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: HB 823 -- "Traveling" (in Criminal) by Ken Sparks
I agree. I think you need to submit it to the jury if you have contradictory evidence....
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Burn Ban (in Criminal) by Ken Sparks
A judge cannot legally compel a defendant to make a donation as a condition of community supervison ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Back in the Saddle (title changed) (in Criminal) by Ken Sparks
Welcome aboard, again! Say hello to your boss for me....
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Juvenile Offense (in Criminal) by Ken Sparks
We need to amend the statute to increase the punishment to a felony when a person is jailed based on......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Health and Safety Code, Section 481.141 (in Criminal) by Ken Sparks
I have not used this statute before, but I would put it in the indictment by tracking the language o......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Miranda (in Criminal) by Ken Sparks
If no statements were made by defendant, no warnings are required. The warnings and subsequent waive......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Burglary or Theft? (in Criminal) by Ken Sparks
Was this an after work-hours entry and theft or did it occur as he was leaving the house after enter......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Need Help w/ Commitment Paperwork (in Criminal) by Ken Sparks
That's "Starnes, Jane Starnes" of novelette fame!...
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Coricidin HBP - What crime? (in Criminal) by Ken Sparks
Sec. 22.04 (l)(3), added in 2005, establishes an affirmative defense for a defendant if the child vi......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Coricidin HBP - What crime? (in Criminal) by Ken Sparks
If it is an over-the-counter drug, then the 16-year old could have purchased it at a drug store and ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: A Deal is a Deal (in Criminal) by Ken Sparks
Sounds like a deceptive trade practices act case to me! Seriously, he could be prosecuted in Texas f......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Probation eligibility question (in Criminal) by Ken Sparks
I believe there is case law to the contrary, allowing an eligible person to get probation even if th......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Misidentification expunction applications (in Criminal) by Ken Sparks
In a county of 20,000 I have filed two of these in two years....
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Arson (in Criminal) by Ken Sparks
Violation of the burn ban is only a Class C misdemeanor. What about a joint civil suit by the affect......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Yes, No, Maybe So? (in Civil) by Ken Sparks
I have told my District Clerk to collect only the county's half of the fee....
TDCAA > TDCAA Community > Civil

Discussion Topic  RE: Pre-trial diversion revisit: fee and/or restitution ? (in Criminal) by Ken Sparks
You cannot charge a fine or court costs, but you could make restitution one of the rules of pre-tria......
TDCAA > TDCAA Community > Criminal


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