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Posts tagged "Criminal Defense"

How a low-carb diet could affect a blood alcohol reading

An attorney in Texas got a man's DUI charge dismissed after he was able to demonstrate that the man was in ketosis from a low-carb diet at the time of the breath test. The man had performed normally during sobriety tests, but his blood alcohol content appeared to be above the legal limit when a breath test was done. However, ketosis can cause a person to blow out isopropyl alcohol, and some types of breath tests may not distinguish between this and ethanol alcohol.

Lack of standards raises concerns about facial ID technology

An increasing number of business owners in Texas and other states are using facial recognition technology to deter shoplifting. Some shop owners are also creating digital records of people entering their places of business based on collected visual data. Other stores are going a step further and using such data to share captured facial images with other businesses within the same network once someone is identified as a security risk.

Arrests more common for young Americans

A growing number of people in Texas and across the country are being exposed to the criminal justice system at an earlier age, researchers found while examining national data. According to the report by the RAND Corporation, younger Americans are 3.6 times more likely to have been arrested as a youth than older Americans. The researchers noted that this large disparity was found when comparing arrest rates before the age of 26 for people 26 to 35 years of age and those over 66. They also noted that the increase in arrest rates may be linked to lower wages, less access to work and lower likelihood of marriage.

Court says jurors can bring opinions into the courtroom

Juries convene on a daily basis throughout Texas. Prior to being selected, jurors are asked questions to determine if they have beliefs regarding the criminal justice system and whether they can reach a verdict based purely on the evidence given. Many times, a prospective juror who admits to preconceived opinions of the justice system is dismissed for cause.

Misdemeanor cases often marked by inequality

When people in Texas think about criminal cases, the first that come to mind are often felony trials. However, misdemeanors account for around 80 percent of all the criminal cases that fill American courts, according to one author. Misdemeanors are typically low-level offenses that carry sentences that do not exceed one year of incarceration. While felony cases are often the most widely reported, misdemeanors comprise the vast majority of arrests, with 13 million new cases filed every year.

Bill may allow some federal inmates to shorten their sentences

Some federal inmates in Texas could find their sentences reduced if a bill that is making its way through the Senate is successful. Despite some conservative opposition, overall, the bill has broad bipartisan support that includes both the American Civil Liberties Union and police unions as well as senators and representatives from both parties.

First Step Act could introduce criminal justice reforms

The First Step Act is of particular interest to people dealing with criminal sentencing in Texas, especially if they are in the federal court system. The bill has been backed by an unusual coalition of supporters ranging from President Donald Trump to longtime advocates of criminal justice reform. Widely understood as a compromise bill, the legislation has been criticized both for being soft on crime and for avoiding serious reforms that could change the inequalities built into the system. However, it is important for people to understand what changes may take place if the bill becomes law.

Marijuana possession charges on the rise, FBI report says

As is the case in most states, marijuana is not legal in Texas. However, its legalization is a growing trend. Advocates for marijuana legalization are pointing to this trend in the wake of an FBI report released on Sept. 24 that indicates that more people were taken into custody for marijuana-related drug charges between 2016 and 2017.

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