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Criminal Law Blog

How Criminal Cases Start and How the Prosecution Operates

Posted on January 3, 2018 by Law Office of Brett A Podolsky

In Texas, a criminal investigation starts either by an individual filing a complaint about a crime or a crime occurring. If an individual files a police compliant, they allege someone committed a crime against them such as stalking or assault. The alleged victim may name the person they know or believed committed the crime. The police take the information given and investigate to determine if a...

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What is Probable Cause?

Posted on November 21, 2017 by Law Office of Brett A Podolsky

Many people ask, “What is probable cause?” Probable cause in Texas is a legal term that, in its simplest form, means that a certain circumstance occurred more probably than not. For instance, to arrest an individual, law enforcement must believe that it’s probable that he or she committed a crime. Probable cause is the standard of proof that’s applicable for an arrest, warrant, search, and seizure. ...

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Police Investigation? Know Your Rights

Posted on October 9, 2013 by Law Office of Brett A Podolsky

Facing a police investigation can be one of the most frightening and confusing experiences that a person can have. It can be easy to forget that in the United States anyone accused of a crime is innocent until proven guilty. It is important to remember that the rights of people who are being investigated by the police are under constitutional protection. By keeping this fact in mind,...

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To Avoid Sitting in Jail Forever, You Have to Request a Speedy Trial

Posted on June 26, 2013 by Law Office of Brett A Podolsky

The Sixth Amendment to the U.S. Constitution guarantees defendants the right to a speedy trial. This right is granted so that an individual will not be arrested and then placed in jail indefinitely. It also helps people avoid having charges hanging over them if they are released on bail. No specific length of time is specified by law. Instead, courts look at a number of factors...

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What is an Indictment?

Posted on March 19, 2013 by Law Office of Brett A Podolsky

One interesting aspect of the criminal law process involves the handing down of indictments to formally charge suspects with the commission of a crime. If you have been named in a criminal indictment, the services of a qualified criminal law attorney will be required to preserve your freedom. It is important that you carefully review the indictment that was filed against you. It can be invalidated...

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