defendant rights

The Guide to Unreasonable Search and Seizure

The Fourth Amendment to the U.S. Constitution protects against unreasonable government searches and seizures. If the police violate your Fourth Amendment rights while investigating or arresting you, you may be able to have illegally-obtained evidence excluded from court. https://www.youtube.com/watch?v=FMyIRwZPmiw What is the definition of search and seizure? A search is defined as any time an agent of the government interferes with an individual's reasonable expectation of privacy, generally by searching their property, body, or home. A seizure can refer to either the seizure of a person or a seizure of property.  A seizure of a person is defined as when a police officer’s conduct would communicate to a reasonable person that they are not free to leave. For a person to be seized, the police officer must show authority through handcuffs, physical contact, a firearm, or verbal command, and the person must submit to that authority.  A seizure of property is defined as when a government actor meaningfully interferes with a person’s possessory interest in their property. What is unreasonable search and seizure? Reasonableness is considered to be the primary test of whether a search or seizure is constitutional. If a search or seizure is conducted without a warrant, it…

The Defendant’s Guide to Shoplifting

In Texas, there is no separate criminal offense called “shoplifting.” Instead, people who steal merchandise from open retail stores are prosecuted on theft charges. https://www.youtube.com/watch?v=iO7U652YH_A What is the definition of shoplifting? The term “shoplifting” generally refers to stealing goods from a retail establishment during regular business hours. Under Texas law, shoplifting is considered theft because Texas has consolidated most theft-type offenses, such as shoplifting, embezzlement, extortion, and receiving stolen property, into a single statute.  Texas Penal Code § 31.03 reads: “A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property.” Essentially, this means that theft is taking someone else’s property without their permission and not intending to return it.  Texas law also criminalizes the possession, manufacturing, or distribution of shielding or deactivating instruments used for shoplifting under Texas Penal Code § 31.15. Is shoplifting a felony or misdemeanor? Shoplifting can be charged as either a felony or a misdemeanor offense depending on the value and nature of the property stolen and your criminal record. Class C Misdemeanor Shoplifting is a Class C misdemeanor if the value of the property stolen is less than $100; Class B Misdemeanor Shoplifting is a Class B misdemeanor…

The Defendant’s Guide to Probable Cause

Probable cause is a legal standard of evidence that police officers must have in order to arrest someone or obtain a warrant. If the police do not follow the probable cause requirement, you may be able to have evidence against you excluded from a court proceeding.  https://www.youtube.com/watch?v=DPqiwrLDDgw What is the definition of probable cause? The term “Probable Cause” refers to the level of certainty that police need to have in order to legally arrest someone for a crime. It is defined as enough evidence for a reasonable person to believe that the person had committed a crime, was currently committing a crime, or was about to commit a crime. To legally arrest someone, a police officer needs to have a good faith belief that the person they arrest has committed a crime. And they have to have sufficient evidence to support that belief. What is a probable cause hearing? The term “Probable Cause Hearing” can refer to two different types of hearings. Under Texas law, if a police officer arrests someone without a warrant, a probable cause hearing must be held within 48 hours of the arrest. During this hearing the judge will decide whether probable cause exists to support…

How to Get a Petty Theft Misdemeanor Expungement

Petty theft, which refers to the theft of property worth less than $100, is a Class C misdemeanor in Texas. In some situations, you may be able to have petty theft arrests and charges expunged from your record. https://www.youtube.com/watch?v=Fwm3230KwMI What qualifies as petty theft? The term “Petty Theft” can be used to describe any low-value theft of property. Under Texas Penal Code § 31.03, the crime of theft is defined as follows: “(a) A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property. (b) Appropriation of property is unlawful if: (1) it is without the owner's effective consent; (2) the property is stolen and the actor appropriates the property knowing it was stolen by another;   The most common type of theft is taking property without the owner’s permission and not intending to give it back. However, Texas’s theft statute also covers receiving stolen property.   The lowest theft charge in Texas, sometimes called petty theft, is a Class C misdemeanor. If you don’t have any prior convictions and the stolen property’s value is under $100, you can only be charged with a Class C misdemeanor. A Class C misdemeanor conviction for petty theft won’t land you…

How to Act When Stopped By Police

Being stopped by police officers can be a stressful and nerve-wracking experience. Knowing your legal rights will help you protect yourself from police misconduct and abuses of power such as illegal searches and seizures.   https://www.youtube.com/watch?v=LLw20mxJe_U What are my legal rights if I am stopped by the police? If you are stopped by the police, you have the following legal rights: The Right to Remain Silent You have the constitutional right to remain silent. This right almost always allows you to refuse to answer questions that the police ask you, including your name, where you live, where you are coming from or going to, or what you are doing. You can exercise your right to remain silent even if the police detain you, arrest you, or put you in jail.  Do not answer the police officer’s questions that you do not feel comfortable answering!  You have the 5th Amendment right under the US Constitution to not incriminate yourself.  Police officers are trained to ask you questions that may trip you up.  And most people that are stopped by the police, whether guilty or innocent, are very nervous.  Being nervous can cause you to answer something the wrong way or say something…