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Discussion Topic  RE: What offense to charge (in Criminal) by Ken Sparks
Did they have sex and was it with consent? If it was consensual, I think you have nothing....
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Defense Bar Eats Its Young (in Criminal) by Ken Sparks
I believe that creating an office of Appellate Public Defender in the larger counties would be of gr......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: MIred in the tar.. (in Civil) by Ken Sparks
There is probably no good answer except to let the grand jury decide. Otherwise, you will be second ......
TDCAA > TDCAA Community > Civil

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: Felon in Poss. Firearm - prior on appeal (in Criminal) by Ken Sparks
He is not a felon until his conviction is affirmed. You cannot file the charge afterwards, since the......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Disposition of Seized Weapons (in Civil) by Ken Sparks
It may depend on the language of the forfeiture order. If your forfeiture order specifies that the w......
TDCAA > TDCAA Community > Civil

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: Handcuffing person not under arrest. (in Other) by Ken Sparks
As Diane Beckham states in the TDCAA Manual, Warrantless Search and Seizure, page 16, a suspect may ......
TDCAA > TDCAA Community > Other

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: Magistrate warnings transporting suspect out of county (in Criminal) by Ken Sparks
There may be no effect. There was a 2005 amendment to CCP Art. 14.06 allowing a prisoner arrested in......
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: 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: Bond fortfeiture (in Civil) by Ken Sparks
CCP Art. 17.19 (e) authorizes a peace officer, security officer, or a licensed private investigator ......
TDCAA > TDCAA Community > Civil

Discussion Topic  RE: bad investment, is it a crime? (in Criminal) by Ken Sparks
Misapplication or theft would get the job done....
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Fake SS card (in Criminal) by Ken Sparks
It could be a third degree forgery or a second degree tampering with governmental record for his con......
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


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