Criss & Rousseau Legal Issues Blog

Many people in Texas and across the United States are concerned about excessive criminalization and the involvement of too many people in the criminal justice system. Some have drawn attention to absurd or overreaching laws that remain on the books that can lead to a felony conviction. For example, an athlete who went for a snowmobile ride was then lost in a blizzard, racking up costs to the government to find and rescue him. However, he wasn't just hit with a large bill; instead, he was convicted of a federal criminal offense and sentenced to six months in prison.

In another case, a security contractor was convicted for telling customers of a company that he previously worked for about a breach in the company's security system. He was convicted and served a 16-month sentence for "impairing the integrity" of the system for exposing the security hole. While his conviction was later abandoned by the Justice Department following high-profile outrage, it continues to serve as an example of the potential for overzealous felony prosecutions. People convicted of felonies can be subject to heavy fines and jail or prison time. Even more, they can lose opportunities for housing, work and education, and in some cases, they are denied the right to vote.

When most people plan their estate, the primary concern is often avoiding probate court. However, for heirs and beneficiaries, as well as people planning their estate, it's important to understand that probate court can have some benefits.

Probate involves a professional, experienced judge reviewing the case and ensuring that the allocation of assets and debts complies with Texas law and follows the wishes of the testator. There are three distinct benefits to going through probate instead of avoiding it, particularly with a complicated estate with a variety of valuable assets.

A pair of criminologists from Texas State University believe that people who are accused of committing highly publicized crimes are often wrongly convicted because some police officers develop tunnel vision when they decide they have identified the perpetrator. The researchers came to this conclusion after studying the investigative missteps that led to 50 wrongful convictions. Several of the cases were investigated by detectives who either coerced confessions or changed their theory of the crime after being presented with exculpatory evidence.

One such case involved a man who was released from prison after spending 16 years behind bars when DNA evidence proved his innocence. Police investigating the murder of a 15-year-old girl quickly focused their investigation on obtaining a confession from one of the slain girl's classmates, and they changed their theory of the crime instead of pursuing other leads when forensic evidence exonerated him. The man was eventually convicted based largely on a confession that he claimed was coerced and he later retracted.

Having children may prompt many people in Texas to think more about planning for the future, especially because they want to ensure that their kids will be taken care of in case of a tragedy. However, this can also be a reason to do more with an estate plan than simply creating a will. Simple wills are appealing to many because they are straightforward and can be completed quickly. However, they are less appropriate for passing on assets to minor children. People who want to make a bequest to their young children may wish to consider a trust in addition to a will.

Trusts can enable people to create a mechanism to provide for their children under the age of 18. In addition, many people do not want their children to inherit their entire estate as soon as they become legal adults. A trust can help to make sure that the children are provided for and that they receive the full benefit of the estate when they are better able to manage their finances. By having a trustee manage the funds, parents can make sure that a responsible person is looking out for the future interests of their children.