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Criminal Defense Archives

What to Do at a Texas DWI Checkpoint

Being stopped at a sobriety checkpoint is a major source of anxiety for many drivers. Regardless of whether or not you have been drinking, the process of being stopped at a roadblock, questioned by the police, and possibly being subjected to further interrogation can be an unsettling experience - especially if the police should have reason to suspect that you are guilty of driving while intoxicated (DWI). Fortunately, there are several things you can do to ensure your rights are protected and reduce your chances of winding up in the back of a squad car.

I've Been Falsely Accused of Child Molestation - What Do I Do?

One of the worst things that can happen to a person is to be falsely accused of a crime they did not commit - especially one as serious as child molestation. Texas child sexual molestation laws are some of the strictest in the country and can expose a person to incredibly harsh penalties upon conviction, including a lengthy prison sentence and the possibility of being required to register as a sex offender for life. Unfortunately, many allegations of child molestation are either deliberately false accusations by a child or are the result of simple misunderstandings, causing parents, teachers, babysitters, and other accused parties to be placed under serious legal scrutiny.

An Overview of Texas' Statutory Rape Laws

In the state of Texas, those aged 17 or younger do not legally have the ability to give informed consent to sexual activities. Therefore, an adult aged 18 or older who engages in sex with them is said to have committed a crime known as "statutory rape," even if the sex was actually consensual. In statutory rape cases, the prosecution is not required to prove that any force or violence was involved, just that sexual conduct occurred between an adult and someone younger than the age of 18.

Court Mediation for Settlements and Lawsuits

The thought of filing and processing a lawsuit can be daunting-after all, it requires both sides to have prepared arguments to present in front of the judge and jury. For those who wish to try to settle the dispute out of court in a private and more casual manner, mediation may be the perfect option. In most mediations, a third-party outsider will work to help both parties come to a mutual agreement. The parties are not obligated to come up with a solution, and can rely on the mediator to add in clauses that make an agreement. This can also save on lawyer fees, as most of the time the individual parties represent themselves.

Who is Considered an Expert Witness?

If you have watched a courtroom drama, you have probably heard of the prosecution or defense calling an "expert witness". But in a day and age when everyone claims to be an expert in something, how can these specialized witnesses actually be trusted to help jurors understand complicated, technical concepts. What types of expert testimony may be permitted, and who qualifies as an expert?

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