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Criminal Defense

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.
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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.
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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.


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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.
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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.
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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.
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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.


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Tuesday, November 30, 2021

Asserting an Alibi Defense Strategy


In the U.S. criminal justice system, defendants are considered innocent until proven guilty beyond a reasonable doubt. This is the highest threshold in the U.S.


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Tuesday, October 12, 2021

Why You Need a Local Criminal Defense Attorney


Have you been charged with a crime? Are you under suspicion for possible criminal activity? It is never too early in the process to consult with a local criminal defense attorney. The sooner you are in contact with trusted legal counsel, the more options you may have to protect yourself and your legal rights.

Why You Need a Local Criminal Defense Attorney

First of all, it is important to find an attorney who actually practices criminal defense work.


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Wednesday, September 22, 2021

Isn’t Pleading Innocence Enough?


In the U.S. criminal justice system, a defendant is supposed to be considered innocent until proven guilty. Furthermore, such guilt must be proven “beyond a reasonable doubt,” which is the highest legal standard there is. With all of this being said, you may think that simply pleading innocence is enough, right? Well, while this may be the case, a criminal defense attorney would be remiss if other steps weren’t taken to help ensure you were not found guilty of a crime you did not commit.


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Wednesday, September 15, 2021

Why Constitutional Violations Are Relevant to Your Criminal Case


Constitutional rights do not and should not waiver in the face of looming criminal charges. If you have been charged with a crime, you may feel isolated, alone, and up against a criminal justice system out to get you. Despite all of this, know that your constitutional rights remain and are designed to protect you.


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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.



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