Dallas Criminal Lawyer – David Finn

As Enron’s financial difficulties became public, Arthur Anderson, Enron’s auditor, instructed its employees to destroy documents pursuant to its document retention policy. Anderson was indicted, tried, and convicted by a federal jury. The Fifth Circuit Court of Appeals affirmed the conviction.
But earlier today, the United States Supreme Court reversed the conviction because the trial [...]

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A person is presumed to be “traveling” under the unlawful carrying of a weapon statute if the person is: (1) in a private motor vehicle; (2) not otherwise engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic; (3) not otherwise prohibited by law [...]

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The following new laws are in effect Sept. 1:
1. No prosecutor may “initiate or encourage an attempt to obtain from an unrepresented defendant a waiver of the right to counsel,” or even “communicate with a defendant who has requested the appointment of counsel.”
2. No court may “direct or encourage the defendant to communicate with [...]

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Defense, Prosecution Play to New ‘CSI’ SavvyJuries increasingly are expecting TV-style forensicsBy Jamie Stockwell
May 22, 2005 MSNBC News
HINGTON – A Prince George’s County jury would not convict a man accused of stabbing his girlfriend to death because a half-eaten hamburger, recovered from the crime scene and assumed to have been his, was not tested [...]

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When faced with that question, here’s what a Texas Panhandle DA decided.This recent story was written by The Associated Press.
Panhandle DA faces DWI chargeThe Associated Press
Another Panhandle district attorney has run afoul of the law.
Clay Ballman, district attorney for Hutchison and Hansford counties, faces a misdemeanor charge of driving while intoxicated.
Rick Roach was the district [...]

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HB 2193 passed. Its key features:
Credit for time spent in jail as a condition, or time spent in a court-ordered program or facility, is mandatory.
Maximum probation terms for third-degree felonies is 5 years.
Juries can give probation to state jail felons (except for drug offenders who get automatic probation), but cannot give probation in murder [...]

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Remaining reciprocal discovery bill may have life.
David Finn
SB560, the reciprocal discovery bill, remains dead. However, the Senate amended HB969 with all the language from SB560, plus language that meets the objections from the prosecutors raised late in the session. This, too, is now a reciprocal discovery bill.
This bill is now in conference. When there [...]

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ONE TO WATCH – SEX OFFENDER REGISTRATION AND DUE PROCESS Coleman v. Dretke, U. S. Fifth Circuit Court of Appeals No. 03-50743 Coleman was convicted of burglary of a habitation in 1986. While on parole in 1991, he was indicted for aggravated sexual assault of a child and indecency of a child by contact. Pled [...]

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Judge David Finn
SB166 passed the House. It provides:
Art. 55.03. EFFECT OF EXPUNCTION. When the order of expunction is final: (1) the release, maintenance, dissemination, or use of the expunged records and files for any purpose [other than a purpose described by Section 411.083(a) or (b)(1), (2), or (3), [...]

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Here are some of the features of SB1266, the probation reform bill currently in the Senate and likely to be voted on soon:
Shortens the period of supervision for some (non 3g) offenses
Deletes minimum period of community supervision in felony cases
Deletes judge-authorized increases in the maximum period of community supervision
State jail felons (other than drug offenders [...]

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