The Saputo Law Firm Criminal Law Guide is a comprehensive (and growing) online repository of articles explaining various criminal law topics of importance to everyday people, but written with footnotes and additional information so that the articles will be helpful to both lawyers and judges. The Criminal Law Guide is categorized into six topic areas.
CRIMINAL LAW TOPICS
The Texas Crimes topic area examines offenses codified in law by the Texas State Legislature. The Federal Criminal Law topic area covers various issues in federal criminal law. The Record Clearing topic covers various state law procedures to clear your criminal record and get cases dismissed even after you may have been convicted. The final topics are Probation, Driver’s License Law and Extraditions, topics of interest to many of our clients.
You may also be interested in Range of Punishment and grades of Felonies and Misdemeanors for Texas Crimes, Sex Offender Deregistration (Early Termination) and Criminal Appeals & Writs of Habeas Corpus.
Criminal Appeals and Writs of Habeas Corpus are two different types of post-conviction relief, so they are only available if you have already been convicted of a crime. But just because you have been convicted does not mean that justice has been done. When a conviction is unfair, the result is unjust. When the law is incorrectly applied or the law itself is unconstitutional, you deserve to have your rights defended in an appellate court.
Sometimes the law may have been applied unconstitutionally to you in your individual case. Whatever may have happened, our criminal appeals practice examines the circumstances and the law in you case and seeks to correct any injustice that may have resulted from a flaw in the Texas criminal justice system. Learn more about Appeals & Writs of Habeas Corpus
The most powerful way to clear an adult’s record is through an expunction, but it is only available if you were never convicted and you never plead guilty (or no contest) to the offense. There are several exceptions to this rule, however. If none of the exceptions apply and you still want to clear your record, you may be eligible for an Order of Non-disclosure if you successfully completed a deferred adjudication probation. If you are not eligible for this either, then you may be eligible for Judicial Clemency, but this does not exactly remove an arrest from your record.
Driver’s License law is handled almost exclusively in the Texas Transportation Code. However, Texas uses driver’s license suspensions as a penalty for various criminal convictions and civil infractions. For instance, you license can get suspended for a DWI conviction or for failing to pay a liability judgment. If your license is suspended, you may be able to get an Occupational Driver’s License in order to keep you driving. Additionally, there are various ways you may be able to contest a driver’s license suspension.
Most Texas offenses are eligible for a sentence to be probated. Either a judge or jury may probate a sentence, in which case the person must serve a period of “community supervision” (usually much longer than the jail sentence) successfully in order to stay out of jail or prison.
In addition to understanding whether you may be eligible for probation, it is also important to understand how probation works, how probation violations are litigated and the differences between straight probation and deferred adjudication probation.
Federal criminal law is complex and, in any respects, a more challenging area than state criminal law. There are no run-of-the-mill cases in federal court. Federal criminal cases can involve anything from fighting over sentencing guidelines to battling powerful federal law enforcement agencies like the FBI, ATF, DEA, DHS and Secret Service.
A couple topics of interest:
“How much time can I get for…” is probably the most common question we get as criminal defense attorneys. The first thing to remember is that you can’t get ANY time unless you’re convicted. If you have not been convicted yet, the first thing to do is to call an attorney.
Once a guilty verdict has been obtained, then a court must order a judgment of punishment. Texas criminal laws put various minimum and maximum time limits on how each offense can be punished. These are broadly based on the type of misdemeanor or felony. In addition, there are many different ways in which a punishment might be enhanced. Learn more about the range of punishment in Texas law and about the grades of felonies and misdemeanors
Many sex crimes require a convicted person to “register” on the sex offender registry and comply with the many different requirements of being on the registry. However, under new Texas law, some people may be able to deregister after a certain amount of time has passed. Not all sex crimes are as serious as others. A 15 year old who is convicted of Sexual Performance of a Minor for taking a picture of her 13 year old brother kissing a neighbor is not always a scary person who should be required to register for the rest of her life. There are many other people on the registry that are similarly non-threatening, and a bloated sex offender registry makes the registry itself less useful. Learn more about sex offender deregistration and early termination