Criminal Defense and Constitutional Rights

Harris County Sheriff Recommends Releasing Prisoners Amid Coronavirus Concerns

On March 19th, Sheriff Ed Gonzalez highly recommended the compassionate release of hundreds of prisoners from jail who are most vulnerable to the coronavirus outbreak. Since then, Harris County felony judges have called for the release of approximately 60 people jailed for felony offenses – a drop in the bucket compared to the total number… read more

Types of Bail Bonds in Texas

In most cases of arrest, residing inside of a local jail is not an ideal prospect. Typically, the court sets bail, which allows the defendant to continue living in their own home before their trial. Posting bail can be both a blessing and a curse, as not everyone can afford to pay it outright. This… read more

What Happens at an Arraignment in Texas?

The criminal justice process consists of several phases. The first process generally includes arrest, booking, and arraignment. Once the police arrest a suspect for a crime, they will book the suspect at the police department, documenting a mug shot, the suspect’s fingerprints, and a list of all items in the suspect’s possession at the time… read more

How Do Bail Bonds Work in Texas?

The bail bond system exists to ensure that individuals charged with crimes appear for their court dates as required while allowing them to move freely between booking and arraignment. If you or a loved one needs immediate legal representation after an arrest in Houston, contact a Houston bail bond lawyer today. After someone has been… read more

Understanding “Dismissed Without Prejudice” Statutes

When a plaintiff brings a civil claim against a defendant, the plaintiff may not have the option of pursuing further legal action if he or she settles the matter or wins at trial. However, some procedural issues may lead to “dismissal without prejudice,” which essentially means that the court dismisses the plaintiff’s claim, but the… read more

When Can Police Search Your Car?

What Rights Do You Have When You Get Pulled Over? Having a cop car pull you over is stressful, but you shouldn’t have to worry about an officer unlawfully searching your vehicle. The Fourth Amendment protects against unlawful search and seizure, which means that any arbitrary car searches conducted without a warrant are illegal. Courts… read more

What Is a Felony Indictment in Texas?

How do I Know if I’ve Been Indicted? Can The Charges Be Dropped? In Texas, an indictment is a formal charging instrument. Texas courts use indictments to inform a defendant of what criminal behavior the court is accusing them of. Indictments share features with, but are distinct from, an information, which is the charging instrument… read more

Missing Jury Duty in Texas

If you’ve missed jury duty in Houston or the surrounding areas, talk to the Law Office of David A. Breston for help with your next steps. As a U.S. citizen, one of our duties is to attend court to judge a case on trial, but what happens when a person doesn’t show up for jury… read more

Can You Get a Felony Expunged in Texas?

It shocks many individuals who have undergone arrest for felonies but never received a conviction to find out that they still have a criminal record in Texas. Unfortunately, receiving a case dismissal or a not-guilty verdict does not erase a history of crime. Under these circumstances, the only way to remove a criminal history from… read more

7 Mistakes to Avoid in a Houston Criminal Case

When the police accuse someone of a crime, it is common for the person to feel the need to defend him/herself immediately. Unfortunately, this feeling of urgency can cause the individual to make mistakes that do more harm than good to the case. In many situations, people who attempt to clear their names accidentally give… read more