Every defendant has what the US Supreme Court is now calling a right to present a defense. This right, in general, is the right to present favorable evidence in your trial if it is reliable and other rules, such as evidence rules, might otherwise prevent it from being presented to the jury. I have used this legal theory in a serious jury trial to have hearsay evidence admitted that otherwise would have been excluded. It was also used to try to have evidence admitted that a third party committed the crime, and not my client. Because it was not admitted in the trial, the case was reversed on appeal and my client is now due to have his case retried.
DWI/DUI arrests often start out as a minor traffic violation in the evening or early morning hours—you forgot to put on your seat belt, or you failed to signal before you changed lanes. These small violations give the officer who stopped you the opportunity to stop you and talk to you. If the … [Read More...]
As almost everyone knows, specialized DWI police units are often looking for people to pull over in the late evening and early morning hours to check for possible DWI violations. Especially, in Texas, after 2:00 a.m., after the bars close. Any … [Read More...]
What does it mean to be "operating" a car for the purposes of a DWI arrest? A number of situtions have come up where a person is arrested for DWI while occupying his or her car, but not operating the car for purposes of a DWI. The Court of Appeals … [Read More...]
In a new case the Texas Court of Criminal Appeals, State v. Lionel Gonzales, No. PD-1313-13, held that the Defendant's Speedy Trial Right was violated when he was arrested on a charge of injury to a child 6 years after his indictment. The Court found … [Read More...]
Wade Russell is a Board Certified Criminal Defense attorney. Starting out as a Travis County prosecutor and as an Assistant District Attorney, he has defended citizens charged with crimes of every type: from Federal embezzlement and pornography charges, murder charges, robbery, sexual assault, to DWI and misdemeanor cases of every kind. He handles every case individually, himself, and seeks the best result for his clients, by active negotiations with the prosecutors, or by jury trials when that is what is called for. Every case is unique and deserves a unique defense. State and Federal practice. Liscensed in the State of Texas; U.S. District Court, Western District of Texas. Board Certified - Criminal Law, Texas Board of Legal Specialization.