Every county in Texas has its own flavor when it comes to criminal justice. Procedures, policies, personalities, expectations, and even unwritten rules can vary significantly from one county to the next. If you or a loved one is facing criminal charges in Montgomery County, Texas, understanding how the local justice system operates can make a realContinue reading “5 Things to Know About Montgomery County’s Justice System”
Tag Archives: Court
5 Important Reminders About Probation in Montgomery County, Texas
Probation, also commonly referred to as community supervision, can feel overwhelming and even a little frustrating, especially in a county like Montgomery County, where the system is known for strict supervision and real enforcement. Whether you’re on community supervision for a misdemeanor or a felony, whether it’s on a deferred or subsequent to a conviction,Continue reading “5 Important Reminders About Probation in Montgomery County, Texas”
Cargo Theft In Texas: What Daryl Joe v. State Means for Texas Theft Cases
In November 2025, the Texas Court of Criminal Appeals issued a noteworthy decision in Daryl Joe v. State, clarifying how prosecutors must charge and prove cargo theft under Penal Code §31.18. The ruling answers a key question: Is the cargo theft statute meaningfully different from the organized retail theft statute, such that the State doesn’t needContinue reading “Cargo Theft In Texas: What Daryl Joe v. State Means for Texas Theft Cases”
Smith v. State (2025): COVID Masking Policies Went Too Far and Violated the Sixth Amendment Right to Confrontation
In November 2025, the Texas Court of Criminal Appeals issued an important decision in Smith v. State, a case that will matter anytime a witness appears in court wearing a mask or using remote technology to testify. The issue in this case was simple but hugely important for defense attorneys: Does a trial court violate the ConfrontationContinue reading “Smith v. State (2025): COVID Masking Policies Went Too Far and Violated the Sixth Amendment Right to Confrontation”
3 Situations Where a Pre-Trial Diversion (PTD) May Not Be Right for You
In the context of criminal defense in Montgomery County, a Pre-Trial Diversion (PTD) is often considered a golden outcome for first-time offenders. When you complete a PTD, your case is dismissed and you become eligible for an expunction, an opportunity to wipe the arrest from your record as though it never happened. But PTD isContinue reading “3 Situations Where a Pre-Trial Diversion (PTD) May Not Be Right for You”
Five Unfair Practices in the Criminal Justice System (And How We Can Do Better)
No reasonable person likes crime. Most of us want to live in safe, orderly communities where people follow the law. But a truly just society also has to protect the rights of the accused. Our founders spent much of the Bill of Rights limiting government power, not expanding it. Instead of focusing on one caseContinue reading “Five Unfair Practices in the Criminal Justice System (And How We Can Do Better)”
Can I Still Be Charged in Montgomery County If the Victim Doesn’t Want to Press Charges?
One of the most common questions people facing assault charges in Texas ask is: “Can the State still prosecute me if the victim doesn’t want to press charges?” The short answer is yes, and understanding why is important. An uncooperative or recanting victim is not a “golden bullet” that automatically ends a criminal case. 1. The SystemContinue reading “Can I Still Be Charged in Montgomery County If the Victim Doesn’t Want to Press Charges?”
What Happens in Montgomery County After an Arrest?
Montgomery County is known as one of the toughest criminal justice jurisdictions in Texas. If you or someone you love has been arrested here, understanding what happens next can make an overwhelming situation feel a little more manageable. The Arrest: Warrant or Instanter This guide walks you step-by-step through what to expect from the momentContinue reading “What Happens in Montgomery County After an Arrest?”
Hardridge: Texas Higher Court Affirms That Affidavit Without Verbal Oath Invalidates Search Warrant
In a significant ruling for Texas criminal defense, the Fifth Court of Appeals in Dallas recently affirmed that an affidavit supporting a search warrant must be sworn under oath before a qualified officer or magistrate. An officer simply signing the document is not enough. The case, State v. Hardridge, serves as a powerful reminder of theContinue reading “Hardridge: Texas Higher Court Affirms That Affidavit Without Verbal Oath Invalidates Search Warrant”
What to Expect at Your First Court Appearance in Montgomery County, Texas in 2025
Attending your first court appearance can be an overwhelming experience, especially if you’re unfamiliar with the legal process. If you’re facing criminal charges in Montgomery County, Texas, understanding the logistics and expectations can help ease your anxiety and ensure you’re prepared. Here’s a comprehensive guide to what you can expect at your first court appearanceContinue reading “What to Expect at Your First Court Appearance in Montgomery County, Texas in 2025”