Criminal Law Blog
Can I Be Forced to Testify as a Witness?
Posted on April 18, 2018 by Law Office of Brett A Podolsky
What is an Indictment?
Posted on February 14, 2018 by Law Office of Brett A Podolsky
The handing down of an indictment marks the prosecution's formal charge of a suspect in the commission of a crime. The Fifth Amendment of the United States Constitution says that an individual can't be charged with an infamous or capital crime other than by indictment by a grand jury or presentment. Presentment involves the formal presentation of details to a court, such as by a sworn jury's...
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...
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. ...
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,...
