Joseph Bogen2024-05-28T17:18:42Zhttps://www.jbdefense.com/feed/atom/WordPress/wp-content/uploads/sites/1103199/2023/05/cropped-John-Bogan-Attorney-site-icon-32x32.pngOn Behalf of Joseph Bogen<![CDATA[Second chances: Juvenile vs. Adult probation in Texas]]>https://www.jbdefense.com/?p=2566162024-05-28T17:18:42Z2024-05-28T17:18:42ZFocus and philosophy
The underlying philosophies guide the primary distinction between adult and juvenile probation. On one hand, the juvenile justice system’s core goal is to rehabilitate teenage offenders in an attempt to rectify their delinquent behavior.
The juvenile justice system acknowledges that teenagers are still developing and are, therefore, capable of change if they’re steered in the right direction. If you’re a parent to a delinquent teenager, this is a relief because it gives you hope, knowing that the system makes efforts to steer your child away from a life of crime.
Unlike juvenile probation, adult probation is a dance between public safety, punishment and rehabilitation. While it offers offenders a second chance, the criminal justice system is very keen to hold adult offenders accountable for their actions for the sake of public safety.
Age and jurisdiction
If your child commits an offense between the ages of 10 and 17, they will navigate the juvenile justice system. The Lone Star State refers to offenses committed by such teenagers as delinquent conduct, whether they’re classified as felonies, misdemeanors or truancy. However, most of these teenagers qualify for probation as an alternative to conviction.
On the other hand, if your teenager has turned 18, they will be treated as an adult offender. In this case, they may be convicted of a felony or misdemeanor in a criminal district court. However, they, too, can qualify for probation under specific circumstances.
With this information, you can advocate for your child’s rehabilitation to save them from a life defined by their time in the system. By speaking with a reliable legal team, you can help secure the second chance your child is entitled to in the Lone Star State.]]>On Behalf of Joseph Bogen<![CDATA[How the exclusionary rule could lead to dismissed charges]]>https://www.jbdefense.com/?p=2566142024-04-29T22:25:39Z2024-04-29T22:25:39ZAll evidence must meet certain standards
To present criminal evidence in court, the evidence needs to be authoritative and reliable. Scientific specialists typically need to agree with the state's interpretation of the evidence, and the process used to gather the evidence must be appropriate and legal.
There are numerous rules restricting the conduct of police officers and other investigatory professionals. If police officers conducted unlawful searches or otherwise violated someone's rights, possibly by questioning them without providing the Miranda warning first, the exclusionary rule may apply.
A defense attorney can ask the courts to exclude or set aside evidence obtained inappropriately. In cases involving drug charges or a drunk driving traffic stop, the inappropriately-gathered evidence might be the only evidence that the state has. If a lawyer successfully argues to exclude the evidence from the trial, then the prosecutor may not be able to move forward with the criminal case.
Looking into every potential defense strategy can be a smart move for those hoping to fight criminal charges. Defendants who know their civil rights and who look carefully at the state's case can sometimes avoid criminal proceedings altogether.]]>On Behalf of Joseph Bogen<![CDATA[Understanding Texas’s “Failure to Identify” law]]>https://www.jbdefense.com/?p=2566112024-04-05T11:09:23Z2024-04-05T11:09:23ZWhen do you have to identify yourself?
Here in Texas, if you don’t comply with that kind of “request,” you could be charged under the “Failure to Identify” law. It’s a violation of that law, which was updated just last year, if a person “intentionally refuses to give his name, residence address, or date of birth to a peace officer:”
If they’ve been lawfully detained
If they’ve been lawfully arrested
If an officer has “good cause to believe [they’re] a witness to a criminal offense”
If a person is driving a vehicle, they’re required to show or give an officer their driver’s license when requested. It’s also a violation of the law to give an officer a “false or fictitious name, residence address, or date of birth.”
Not identifying yourself will only make things worse
Failing to provide a driver’s license at a traffic stop when asked is a Class C misdemeanor, which can carry a fine. Giving false identification can be at least a Class B misdemeanor, which carries a possible fine and jail time. Of course, things can get worse if a person becomes belligerent with an officer, threatens them or pulls a weapon.
What’s important to remember is that refusing to give an officer basic identifying information is always going to get you off on the wrong foot with them. If you haven’t done anything wrong, you could end up being arrested anyway for this offense – and you’ll likely appear to be guilty of something else. If you are suspected of a more serious crime, failing to identify yourself is only going to get at least one more charge added to your situation.
After providing requested identifying information, you should clearly but respectfully assert your right to remain silent until you have legal counsel present. Just staying silent isn’t the same as invoking this right. The sooner you get legal guidance, the sooner you can start protecting your interests as your case evolves.]]>On Behalf of Joseph Bogen<![CDATA[Possible defense strategies for assault charges]]>https://www.jbdefense.com/?p=2566042024-03-06T14:42:29Z2024-03-06T14:42:29Zassault in Texas is fairly broad. It encompasses everything from intentional threats to knowingly causing harm to another.
Anyone who’s charged with assault should evaluate their options for a defense strategy. Considering the circumstances of the situation can help defendants determine how best to proceed.
Self-defense
One of the most common defenses to an assault charge in Texas is self-defense. In Texas, using force to protect yourself is allowable as long as certain conditions are met, including that the force is proportional to the threat. The key factors in a self-defense claim include the immediacy of the threat and the reasonableness of the belief that force was necessary.
Defense of others
The law also allows for force if the person is defending someone else. The same key factors as self-defense should be met to use this option. This defense acknowledges the right to protect others under threat of assault, provided that the perceived threat and the response are reasonable under the circumstances.
Defense of property
Texas law also permits the use of force in defense of property under certain conditions. An individual may use force to prevent or terminate another's trespass on or theft of property if they reasonably believe that the force is necessary to prevent the other's unlawful interference with the property.
Consent
In certain situations, consent may serve as a defense to an assault charge, particularly in contexts where physical contact is a known and accepted part of the activity, such as contact sports. If it can be demonstrated that the alleged victim consented to the risk of injury inherent in the activity, this may negate the unlawfulness of the act.
Lack of intent
Since intent is a crucial element of assault under Texas law, proving that the defendant did not intentionally, knowingly, or recklessly cause bodily injury or threaten another with injury can be a defense. This might apply when the contact was accidental and not the result of reckless or intentional action.
Because of the complexity of these cases, defendants should seek legal assistance. This can help them learn how their defense options may impact their case outcome and how to most effectively pursue a favorable outcome.]]>On Behalf of Joseph Bogen<![CDATA[When can Texas police officers lawfully search a vehicle for drugs?]]>https://www.jbdefense.com/?p=2565952024-02-04T16:45:30Z2024-02-04T16:45:30ZIf an officer gets permission
One of the most common ways that police officers secure the right to search a vehicle is by asking someone to consent to the search. Most people try to comply with police officers during a traffic stop. They think that by being cooperative, they can obtain the best outcome for the situation. Unfortunately, people often fail to consider that there could be items in the vehicle from friends or a prior owner that could put them at risk of arrest.
If an officer has probable cause
Occasionally, police officers witness something when they pull someone over that makes them suspect criminal activity. They need to have a clear, articulable suspicion in order to conduct a search on the basis of probable cause. An officer who spots what they think is drug paraphernalia in a backseat or who smells drugs in a vehicle could potentially search even without the consent of the driver.
If an officer obtains a warrant
Occasionally, there is reason to believe that a vehicle could contain evidence that could lead to someone's prosecution. If a judge agrees that there is sufficient reason to believe that a vehicle might contain evidence, they could potentially sign a search warrant. Someone presented with a warrant typically must submit to a search, although some people can prevent or at least delay the search if they identify issues in the search warrant papers.
If the situation does not fall into one of those three scenarios, then a search that police officers have conducted may have been illegal. A defense attorney could potentially challenge the inclusion of evidence found during an illegal search if someone takes their case to trial. As such, learning about the laws limiting the conduct of police officers may benefit those accused of a drug offense in Texas.]]>On Behalf of Joseph Bogen<![CDATA[Keeping your Miranda rights in mind: The basics]]>https://www.jbdefense.com/?p=2565932024-01-05T14:58:48Z2024-01-05T14:58:48ZMiranda v. Arizona, play a crucial role in protecting the constitutional rights of individuals during police interrogations.
The Miranda decision stemmed from the case of Ernesto Miranda. He was convicted based on a confession obtained without being informed of his Fifth Amendment right against self-incrimination and his Sixth Amendment right to an attorney. In this case, the Supreme Court's ruling led to the mandatory practice of informing suspects of their rights before police questioning.
What are Miranda rights?
Miranda rights consist of several vital protections. These include:
The right to remain silent
The right to an attorney
The right to invoke these rights at any time
To effectively invoke Miranda rights, an individual must be clear and explicit. Simply remaining silent isn't enough to invoke these rights. A clear statement such as "I am exercising my right to remain silent" or "I want to speak to an attorney" is sufficient. Once these rights are invoked, police officers must stop questioning until an attorney is present or the individual voluntarily agrees to proceed with questioning.
Consequences of Miranda rights violations
If law enforcement fails to advise a suspect of their Miranda rights before interrogation or continues questioning a suspect after these rights have been invoked, any statements or confessions made by the suspect after the violation are generally inadmissible in court. This means the prosecution can’t use these statements as evidence against the suspect in their trial.
It's important to note that the invalidation of these statements doesn’t automatically render a case void. The prosecution can still proceed if other evidence is available.
Understanding Miranda rights is crucial for those facing interrogation. If their rights are violated, that point can become a central focus in their defense strategy. Because there might be other points of the case to consider, it’s critical for all concerned about such matters to seek personalized legal guidance accordingly.]]>On Behalf of Joseph Bogen<![CDATA[3 facts about juvenile justice worth understanding]]>https://www.jbdefense.com/?p=2565912023-12-03T17:09:18Z2023-12-03T17:09:18ZThe process is different from adult court
One major difference between the juvenile justice court and the adult criminal court is that juveniles don’t have jury trials. A jury must be made up of the defendant’s peers, but juveniles can’t make the decisions that would be necessary in a trial. Instead, the juvenile stands before a judge who determines what needs to happen. Other participants may include the prosecutor, defense attorney and professionals who are involved in the case.
Many cases focus on treatments
The juvenile justice system often focuses on treatments for affected juveniles. Family members may also be included in the plan. In some cases, they may be placed on probation so the supervising officer can monitor how they’re progressing with their program requirements. They must be released from probation by the time they’re 18 years old.
Several dispositions are possible
Probation isn’t the only disposition in the juvenile justice system. It’s possible for some juveniles to be sent to the Texas Juvenile Justice Department. This sentence can be determinate or indeterminate. A determinate sentence may lead to a transfer to the adult prison system at 16 years old, but it depends on specific circumstances. An indeterminate sentence requires the juvenile to be discharged by 19 years old.
A juvenile who is scrutinized by the juvenile justice system generally has the same rights as an adult defendant. Once they have legal representation, the juvenile is the client so they get to determine how their defense is handled. They should be provided with information that can help them make informed decisions. Working with an attorney who regularly represents juveniles can be beneficial as a result.]]>On Behalf of Joseph Bogen<![CDATA[The police can generally lie to you]]>https://www.jbdefense.com/?p=2565892023-11-01T12:50:19Z2023-11-01T12:50:19Zcan definitely lie, and they often do so. They are not obligated to be honest or held to any type of higher standard. They may be deceitful, they may stretch the truth or they may entirely invent things that are not true on any level.
Why would they do so?
There are a lot of different reasons why the police will do this, but most of them revolve around manipulation. Lying is a way for them to get what they want. For example, say that the police arrest a juvenile suspect. They can tell that the person just wants to put the situation behind them and is very stressed. Officers may say that they will be allowed to go home if they just admit what they did. This is not necessarily true, as an admission of guilt could put them behind bars, but the officers may lie to the suspect anyway to secure a confession.
Another example is if police officers lie about the evidence that they have. Someone may claim that they didn’t commit a crime, but the officers may say they have that activity on video or that another suspect has already admitted to everything. Once again, they may just be trying to manipulate the person to get them to admit to the crime, even if the officers don’t have any video or any testimony from another suspect.
Why is this important?
Understanding that the police can lie is important because Americans have a right to remain silent. It is often best not to talk to the police at all, especially without your legal team at your side. Even if the police officers seem like they are being honest and trying to help, suspects can never know if that is actually the case. It’s much better to exercise one’s right to remain silent and begin looking into all potential criminal defense options by seeking legal guidance immediately.]]>On Behalf of Joseph Bogen<![CDATA[Tips for talking to the police]]>https://www.jbdefense.com/?p=2565042023-09-29T18:45:51Z2023-09-29T18:45:51ZRemain calm and polite
Do not escalate the situation, even if you believe the police are wrong. Stay calm and be respectful when speaking to law enforcement officers. Avoid confrontational or aggressive behavior, even if you feel unjustly treated. Although approaching the situation in this way won’t guarantee your safety, it will help you to remain as safe as possible.
Stay silent, if necessary
You have the right to remain silent under the Fifth Amendment of the U.S. Constitution if you are arrested and questioned subsequent to that arrest. This right may also apply in other scenarios when you may be at risk of incriminating yourself. You can politely exercise this right by saying, "I wish to remain silent" or "I want to speak to an attorney." Be aware that anything you say can be used against you. For this reason, you want to be very careful with what you say – and it is often best to say nothing at all beyond giving officers your name and identification if requested.
Do not consent to searches
You also have the right to refuse a search of your person, vehicle or property if the police do not have a warrant or probable cause to engage in one. Politely and calmly inform them that: "I do not consent to a search." You do not have to provide a reason beyond that. If the police really want to conduct that search anyway, they can go get a warrant and use it to do so. If they engage in a search despite your protestation, don’t fight them. Leave it to your attorney to address the situation in the aftermath.
Don't lie
Avoid lying to the police. Lying to law enforcement can lead to legal consequences, so it's often best to say nothing if you don't want to answer a question. At the same time, remember that it is often legal for the police to lie to you, even if you are prohibited from lying to them.
Exploring your legal options
Remember that the specifics of police encounters can vary widely depending on an individual’s circumstances. Additionally, even if you stay calm and handle everything perfectly, you could very well still face arrest. If this happens, be sure to seek legal guidance promptly to better ensure that your rights remain protected going forward.]]>On Behalf of Joseph Bogen<![CDATA[Why do young people break the law?]]>https://www.jbdefense.com/?p=2564962023-08-27T16:46:04Z2023-08-27T16:46:04ZPoor judgment and brain development
First and foremost, young people often have poor judgment. They may not really understand the ramifications of their actions. They know that what they are doing is illegal, but they haven’t thought about what jail time would actually look like or the impact on their future.
Part of the reason for this is just a lack of brain development. The process of human brain development does not end until someone is around 25 years old. Someone who is in their teens may feel that they are very grown-up and wise, but their brain could still be a decade away from full development, and they may have poor decision-making skills as a result.
Peer pressure
Another thing to consider is the impact of peer pressure. When young people are around others who are going to break the law, they are more likely to do so themselves. In some cases, they will try to do this to prove themselves to the group or to try to fit in with their peers.
Interestingly, one study found that simply being around others who have been convicted of criminal activities can increase the odds that someone will engage in criminal activity themselves. As the study put it: “Results suggest that increasing the proportion of peers who engage in criminal activities by 5 percent will increase the likelihood an individual engages in criminal activities by 3 percentage points.” This suggests that teens may simply get the idea to break the law from seeing it happen around them, whereas someone who is not exposed to such activity is less likely to engage in such actions themselves.
Criminal defense options
No matter why a young person has broken the law, parents are likely well aware of the future ramifications if their child is convicted of wrongdoing. They need to know exactly what legal steps to take and all the options they have to fight for their child’s future. Seeking legal guidance is a good way to start.]]>