Terrence A. Gaiser
Attorney at Law
2900 Smith Street Suite 220, Houston, Texas 77006 Telephone:
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Criminal Law Newsletter
WARRANTLESS SEARCH - SEARCH IN AN INVESTIGATIVE STOP
 
If a police officer has a reasonable basis for believing that a person is involved in criminal activity or is about to be involved in criminal activity, the officer has a right to make an investigative stop of that person. More...
 
CONDUCT & CAUSATION
 
A defendant's conduct does not constitute a criminal offense unless the conduct is prohibited by a statute, a municipal ordinance, or a rule. The word "conduct" means an act or a failure to act. The word "conduct" also includes the defendant's mental state. The word "act" is defined as a voluntary movement of the defendant's body. The word "act" includes speech. More...
 
SEARCH & SEIZURE - INVESTIGATIVE STOPs
 
If a police officer has a reasonable basis for believing that a person is involved in criminal activity or is about to be involved in criminal activity, the officer has a right to make an investigative stop of that person. Another name for an investigative stop is a "Terry Stop," which name is taken from the United States Supreme Court case of Terry v. Ohio. The officer may make the stop even though he or she does not have probable cause for an arrest. The purpose of the stop is to investigate criminal activity and not to make an arrest.More...
 
The Criminal Justice Process - An Overview
 
The criminal justice process begins with the discovery that a crime has been committed. Some crimes such as traffic offenses and resisting arrest are committed in the presence of a law enforcement officer. In general, when a police officer observes the commission of a crime, the officer may arrest the offender without seeking an arrest warrant. Most crimes, however, are committed when a law enforcement officer is not present. Those crimes are investigated by state and local police departments, and federal agencies including the Federal Bureau of Investigation (FBI), the Drug Enforcement Administration (DEA), the Immigration and Naturalization Service (INS), and the Internal Revenue Service (IRS). More...
 
DEFENSE EVIDENCE AT SENTENCING HEARINGS
 
Either the prosecution or the defense is entitled to introduce evidence at a defendant's sentencing hearing. If the defense introduces evidence, it usually takes the form of reputation and character evidence or mitigation evidence.More...
 
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