Share

Criminal Defense

Tuesday, September 20, 2022

Violating Probation with a DWI


If you have been convicted of a crime in Texas, it is likely that part of your sentence will include a probationary period. Probation, also known as “community supervision, involves a period of you out in the community that is still monitored by the court through the assignment of a community supervision officer with whom you will need to periodically check in with. During probation, you are required to comply by certain stipulations of your probation, follow established guidelines, and comply with the law. This means that being charged with a Read more . . .


Tuesday, September 20, 2022

What is Deferred Adjudication?


Let’s face it, having a criminal record can make life tough. It can come up and cause problems on your employment applications. It can cause problems on housing applications. Fortunately, if you have been charged with a crime in Texas, you may be eligible for deferred adjudication.

What is Deferred Adjudication?

Deferred adjudication is comparable to court-ordered community supervision, commonly referred to as “probation,” but the person accepts responsibility for a crime without a conviction going on their record.


Read more . . .


Monday, September 5, 2022

Is Burglary the Same as Robbery?


There is a lot of legal jargon that is thrown around in conversation, on the news, and elsewhere. Sometimes, it gets all jumbled up and ends up being misused in everyday life. The legal terms “burglary” and “robbery,” for instance, are often used interchangeably. The reality is, however, that they are two separate crimes that are applicable under two different sets of circumstances and a conviction of one will carry a different set of consequences than conviction of the other. Let’s take a look at what burglary and robbery actually are in the legal sense.


Read more . . .


Monday, July 25, 2022

Challenging Field Sobriety Test Results


If you are being charged with a DUI, some of the prosecution’s evidence may include field sobriety test results from when you were originally pulled over by law enforcement on suspicion of DUI. Testimony as to how you responded to the field sobriety tests can be compelling and help the prosecutor secure a DUI conviction against you. There are, however, several ways to effectively challenge field sobriety test results and, thus, undermine their credibility and the weight they are given in the courtroom.
Read more . . .


Monday, May 23, 2022

Is there a Difference Between Probation and Parole?


There are some legal terms that are used interchangeably, even though there are distinct differences between them. Two such words are “probation” and “parole.” While you may have some sense as to what these terms mean, it is important to note that they both refer to two distinct legal processes. Let’s sort them out here by discussing their distinctive features.

Is there a Difference Between Probation and Parole?

Probation is court-ordered supervision.
Read more . . .


Wednesday, April 13, 2022

Double Jeopardy


The double jeopardy has been popular in movies and television courtroom dramas. A great twist for Hollywood productions, double jeopardy is a foundational legal concept the framers of the U.S. Constitution included in order to protect people from being prosecuted or punished more than once for the same crime. While you may have seen the movie, let’s dive deeper into double jeopardy as a critical legal concept in the American justice system.
Read more . . .


Thursday, March 24, 2022

What is Entrapment?


The government and its agents, whether it be a prosecutor, a law enforcement officer, or someone else, is not without limits on its powers when it comes to the investigating, arresting, or prosecuting of those suspected of engaging in criminal activity. In fact, there are well established boundaries to their authority and violations of said boundaries can be used as a defense against criminal prosecution. The available criminal defenses will, of course, depend on the specific facts and circumstances surrounding a case. Entrapment, for instance is one criminal defense that, while it may be very useful in mounting a successful defense, is very limited in scope.

What is Entrapment?

Entrapment refers to a situation where a law enforcement officer coerces or induces someone else into committing a crime.


Read more . . .


Friday, February 18, 2022

Fourth Amendment Rights and Traffic Stops


Interacting with law enforcement can be intimidating. While it is important to remain respectful and as compliant as is reasonable, it is also important in interactions with law enforcement to know your rights. You see, the power of law enforcement officials is not without limits. Some of those limits come in the form of an individual’s constitutionally protected rights. The Fourth Amendment of the U.
Read more . . .


Saturday, February 12, 2022

What to Negotiate While Plea Bargaining


Did you know that, according to the Texas District & County Attorneys Association, approximately 98% of criminal cases end in plea bargains? Plea bargains have come to play a vital role in the criminal justice system as the lack of resources, like prosecuting and defense attorneys, along with judges, juries, and other court resources, are not sufficient to process the flood of cases with a full blown criminal trial. Due to the courts and jails both being overloaded and overcrowded, prosecutors will often engage in negotiating a plea bargain with a defendant. This means they will try to reach an agreement that the defendant will plead guilty in exchange for something else, such as a lesser charge or lighter sentence.

What to Negotiate While Plea Bargaining

Plea bargaining can help a criminal defendant avoid the stress of a trial as well as negotiate for a lighter sentence. On the other side of things, plea bargaining allows the prosecutor to spare the court the time and expense of a trial when dockets are already clogged.
Read more . . .


Friday, January 28, 2022

The Key Points of an Insanity Defense


The insanity defense gets a lot of attention for the role it has played in past high profile legal cases as well as for how often it gets featured in movies and television legal dramas. The truth of the matter is, however, that the insanity defense is not often raised and even less often successfully raised. In fact, various statistical analyses show that just about one percent of all U.S. felony cases involve the use of the insanity defense.
Read more . . .


Tuesday, November 30, 2021

Impeaching Witness Credibility


The credibility of a witness can have a big impact on the weight the witness testimony is given. For witnesses with solid credibility, testimony will likely be compelling and given significant weight. For those witnesses with questionable credibility, testimony is likely to be met with skepticism at the very least. Defenses attorneys know this and how impeaching, or attacking, the credibility of prosecution witnesses can play a critical role in the case in its entirety.

Impeaching Witness Credibility

A defense attorney will attempt to impeach prosecution witnesses in order to demonstrate to the jury that the testimony of such witnesses should not be believed or taken at face value.


Read more . . .


Archived Posts

2022
2021
December
November
October
September
August
July
June
May
April
March
February
January
2020
December
November
October
September
August
July
June
May
April
March
February
January
2019
December
November
October
September
August
July
June
May
April
March
February
January
2018
December
November
October
September
August
July
June
May
April
March
February
January
2017

← Newer12 3 4 Older →


Navarrete & Schwartz, P.C. is located in Midland, Texas and serves the surrounding cities and counties, including: Odessa in Ector County, Andrews County, Martin County, Howard County, Winkler County and Crane County.



© 2022 Navarrete & Schwartz, P.C. | Disclaimer
505 N. Loraine Street, Midland, TX 79701
| Phone: 432-279-1479

Family Law | Criminal Defense | Adoption | Child Custody | Divorce | Paternity | Domestic Violence | Child Support | Stepparent Adoptions | Divorce Mediation | Assault | Felonies | Misdemeanors | Sexual Assault | DWI/DUI Defense | Burglary | Domestic Violence Defense | Spanish-Criminal Defense Overview | Drug Crimes | About Us

Law Firm Website Design by
Zola Creative


Skyline Photography by Steven Tippett Photography