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Mr. Capetillo was born, raised, and still resides in Fort Bend County, Texas. He graduated from B.F. Terry High School as a fighting Terry Ranger Base... (more)

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Richard T. Bell

Family Law, Criminal
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Dawn Zell Wright

Juvenile Law, Other, DUI-DWI, Criminal
Status:  In Good Standing           Licensed:  23 Years

Larry P. McDougal

Juvenile Law, Domestic Violence & Neglect, , DUI-DWI, Criminal
Status:  In Good Standing           Licensed:  34 Years

Dean Patrick Zand

Wills, Family Law, Juvenile Law, Criminal
Status:  In Good Standing           Licensed:  15 Years

Larry P. Mcdougal

Juvenile Law, Domestic Violence & Neglect, , DUI-DWI, Criminal
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Julia Hubbard Bella

Family Law, Divorce & Family Law, Juvenile Law, Criminal
Status:  In Good Standing           Licensed:  21 Years

Claudia P. Avalos

Immigration, Family Law, Divorce & Family Law, Criminal
Status:  In Good Standing           Licensed:  25 Years

Steven Rocket Rosen

Motor Vehicle, DUI-DWI, Criminal, Merger & Acquisition
Status:  In Good Standing           Licensed:  43 Years

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Joyce M. Taylor Phoenix

Juvenile Law, Family Law, Criminal, Administrative Law
Status:  In Good Standing           Licensed:  36 Years

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LEGAL TERMS

ARRAIGNMENT

A court appearance in which the defendant is formally charged with a crime and asked to respond by pleading guilty, not guilty or nolo contendere. Other matters... (more...)
A court appearance in which the defendant is formally charged with a crime and asked to respond by pleading guilty, not guilty or nolo contendere. Other matters often handled at the arraignment are arranging for the appointment of a lawyer to represent the defendant and the setting of bail.

SPECIFIC INTENT

An intent to produce the precise consequences of the crime, including the intent to do the physical act that causes the consequences. For example, the crime of ... (more...)
An intent to produce the precise consequences of the crime, including the intent to do the physical act that causes the consequences. For example, the crime of larceny is the taking of the personal property of another with the intent to permanently deprive the other person of the property. A person is not guilty of larceny just because he took someone else's property; it must be proven that he took it with the purpose of keeping it permanently.

BATTERY

A crime consisting of physical contact that is intended to harm someone. Unintentional harmful contact is not battery, no mater how careless the behavior or how... (more...)
A crime consisting of physical contact that is intended to harm someone. Unintentional harmful contact is not battery, no mater how careless the behavior or how severe the injury. A fist fight is a common battery; being hit by a wild pitch in a baseball game is not.

INTENTIONAL TORT

A deliberate act that causes harm to another, for which the victim may sue the wrongdoer for damages. Acts of domestic violence, such as assault and battery, ar... (more...)
A deliberate act that causes harm to another, for which the victim may sue the wrongdoer for damages. Acts of domestic violence, such as assault and battery, are intentional torts (as well as crimes).

BURDEN OF PROOF

A party's job of convincing the decisionmaker in a trial that the party's version of the facts is true. In a civil trial, it means that the plaintiff must convi... (more...)
A party's job of convincing the decisionmaker in a trial that the party's version of the facts is true. In a civil trial, it means that the plaintiff must convince the judge or jury 'by a preponderance of the evidence' that the plaintiff's version is true -- that is, over 50% of the believable evidence is in the plaintiff's favor. In a criminal case, because a person's liberty is at stake, the government has a harder job, and must convince the judge or jury beyond a reasonable doubt that the defendant is guilty.

DECLARATION UNDER PENALTY OF PERJURY

A signed statement, sworn to be true by the signer, that will make the signer guilty of the crime of perjury if the statement is shown to be materially false --... (more...)
A signed statement, sworn to be true by the signer, that will make the signer guilty of the crime of perjury if the statement is shown to be materially false -- that is, the lie is relevant and significant to the case.

NOLO CONTENDERE

A plea entered by the defendant in response to being charged with a crime. If a defendant pleads nolo contendere, she neither admits nor denies that she committ... (more...)
A plea entered by the defendant in response to being charged with a crime. If a defendant pleads nolo contendere, she neither admits nor denies that she committed the crime, but agrees to a punishment (usually a fine or jail time) as if guilty. Usually, this type of plea is entered because it can't be used as an admission of guilt if a civil case is held after the criminal trial.

BOOKING

A quaint phrase that refers to the recording of an arrested person's name, age, address and reason for arrest when that person is brought to jail and placed beh... (more...)
A quaint phrase that refers to the recording of an arrested person's name, age, address and reason for arrest when that person is brought to jail and placed behind bars. Nowadays, the book is likely to be a computer. Usually, a mug shot and fingerprints are taken, and the arrestee's clothing and personal effects are inventoried and stored.

JURY NULLIFICATION

A decision by the jury to acquit a defendant who has violated a law that the jury believes is unjust or wrong. Jury nullification has always been an option for ... (more...)
A decision by the jury to acquit a defendant who has violated a law that the jury believes is unjust or wrong. Jury nullification has always been an option for juries in England and the United States, although judges will prevent a defense lawyer from urging the jury to acquit on this basis. Nullification was evident during the Vietnam war (when selective service protesters were acquitted by juries opposed to the war) and currently appears in criminal cases when the jury disagrees with the punishment--for example, in 'three strikes' cases when the jury realizes that conviction of a relatively minor offense will result in lifetime imprisonment.

SAMPLE LEGAL CASES

Brooks v. State

... III. Is Clewis Necessary to Address Some Widespread Criminal Justice Problem That Jackson v. Virginia Is Inadequate To Address. We agree ... review. II. A. Logic Requires a Single Standard of Sufficiency Review in Criminal Cases. I ...

In re Schulman

In re David SCHULMAN. No. AP-75,911. Court of Criminal Appeals of Texas. April 30, 2008. 404 John G. Jasuta, Austin, for Appellant. ... We filed and set this matter for consideration. II. A criminal defense attorney's duty is to zealously represent the interests of his client on appeal. ...

Laster v. State

... No. PD-1276-07. Court of Criminal Appeals of Texas. January 14, 2009. 515 Kim Campbell, Fort Worth, for Appellant. Kimberly Colliet Wesley, Assistant Criminal District Atty., Fort Worth, Jeffrey L. Van Horn, State's Atty., Austin, for State. OPINION. ...