Archives: FAQs

The role of the jury in a criminal trial is to listen to all of the evidence and make a unanimous decision as to the guilt or innocence of the defendant. The jury is the trier of fact. The judge rules on the law.

Obstruction of justice is intentionally interfering with the investigation or prosecution of a suspect/defendant.

Perjury is intentionally lying while under oath.

There are various standards or burdens of proof in the justice system. Probable cause is the lowest burden. An officer only has to meet the burden of proof of probable cause to make a warrantless arrest or to obtain a warrant. This standard is much different than that of the prosecutor’s at trial, which is beyond a reasonable doubt.

If you ask for a lawyer but the officer continues to question you, any admissions or evidence obtained after requesting a lawyer may not be admissible at trial.

The laws of the State of Texas are uniform from county to county. However, the practices of each county vary. It is always a great idea to have counsel who works on a regular basis in the county in which you are charged. Our lead attorney, JL Carpenter-Rambin, is a former prosecutor from Galveston County, with a strong criminal defense practice in Harris County and reputable professional relationships in Brazoria and Fort Bend Counties.

This year a new law came into effect entitled the Michael Morton Act. This Act provides that the prosecuting attorney must turn over all of the State’s evidence to the defendant and his/her attorney. At our firm, once we have received all of the State’s evidence, we like to bring our clients into the office and go over the evidence with the client as we discuss our defense strategy going forward.

Despite what is seen on television, the Miranda rights only come into play during a custodial interrogation. If a defendant is in custody and being questioned by law enforcement, the defendant should have been told his/her rights – Miranda rights.

Force should be used in only the minimum amount needed to achieve a legitimate purpose. Police brutality is a direct violation of the laws within the police force. The use of excessive force is also a direct violation of the Fifth and Fourteenth Amendments of the U.S Constitution regarding cruelty and protection of the laws.

Double jeopardy means a defendant cannot be tried twice for the same offense. Jeopardy attaches once a jury is selected and the jury has taken its oath.

If a jury returns a guilty verdict, the Defendant may appeal the case. However, the appellate court reviews the trial court’s legal rulings to ensure the defendant was given a fair trial, but the appellate court does not use the facts of the case at trial to overturn a conviction.

It is always best to consult an attorney prior to engaging with law enforcement. You may delay meeting with law enforcement to consult with a lawyer first.