Stephen Gustitis, Attorney at Law

Bryan, Texas Criminal Defense Lawyer

Stephen Gustitis, Attorney at Law

102 E 26th St
Bryan, Texas 77803

Phone(979) 823-9111

Website www.gustitislaw.com
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Law Firm Overview

Stephen Gustitis, Attorney at Law, is a criminal defense lawyer located in Bryan, Texas and serves clients throughout Brazos County and the College Station region.
Practice areas include DWI/DUI, drug charges, internet crimes, assault and domestic violence, and Aggie student rights, as well as appeals and expunction.

Stephen Gustitis has practiced criminal law exclusively since 1990 - first as an assistant district attorney with Brazos County and then in private practice for more than 20 years. He has been Board Certified in Criminal Law by the Texas Board of Legal Specialization since 1995 and is admitted to practice in Texas courts, the U.S. District Court of the Southern and Western Districts of Texas, and the U.S. Court of Appeals, Fifth Circuit. Mr. Gustitis is approved by the Texas Court of Criminal Appeals for capital murder Ė post conviction writs of habeas corpus and approved for capital murder lead counsel and appeals in the Texas Second Administrative Judicial Region.

A seasoned Brazos County trial lawyer with extensive appellate experience, Attorney Gustitis has defended thousands of clients in felony and misdemeanor charges since starting private practice in 1994. He is committed to working with clients in pursuing favorable results with highly skilled and knowledgeable counsel and advocacy.

Year this Office was Established: 1994

Languages: English, Spanish.

Areas of Law





Additional Areas of Law: Aggie Student Rights


Lawyers

Stephen Gustitis Mr. Stephen Gustitis
Attorney
Criminal Law, DUI, DWI

  

Affiliations

  • Texas Criminal Defense Lawyers Association
  • Brazos County Bar Association
  • National College for DUI Defense

More Information on Stephen Gustitis, Attorney at Law

DWI/DUI Defense
Sexual Assault
Drug Defense
Internet Crimes Defense
Domestic Violence Defense
Expunction
Criminal Appeals
Stephen Gustitis, Attorney at Law Blog

Articles Published by Stephen Gustitis, Attorney at Law

 Motion To Suppress: How Evidence Gets Tossed Out in Court

The motion to suppress is used to challenge illegally seized evidence obtained by the police. [It is one of] the most powerful motions in the criminal lawyer's arsenal.

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 Challenging a Warrantless Search by Police in a Constitutionally Protected Space

Warrantless searches by police of a place that is protected by the Fourth Amendment are presumptively unreasonable.

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 Administrative License Revocation (ALR) Defense in Texas

Administrative License Revocation (ALR) court is where we fight to protect a client's drivers license from suspension and get dirt on the cop.

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 The Persuasive Case - The Story

The story is the vehicle through which a case is built for the jury. Juries are programmed to listen to good stories.

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 The Persuasive Case - Evaluate & Narrow

The criminal defense attorney selects the best interpretation and arguments for the client from all the possible cases.

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 The Persuasive Case - Brainstorming for Ideas

Brainstorming for ideas is key to a successful trial lawyering practice. Focusing too much on legal analysis inhibits the generation of ideas.

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 The Persuasive Case - Get the Facts

Gathering facts is a critical aspect of developing a persuasive criminal defense strategy.

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 The Persuasive Case - Credibility

A criminal attorney's stock-in-trade is their courtroom lawyer credibility. Without credibility the criminal attorney has no hope.

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 Sex Offender Registration

Sex offender registration requirements make the sex offender stigma more tenacious than any other criminal charge.

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 Defending Accusations of Sexual Abuse

Research showing children are susceptible to suggestive interviewing techniques by local child advocacy center employees helps defendants.

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 Immigration Consequences for Non-United States Citizens

The immigration consequences related to criminal charges for non-U.S. citizens can be severe.

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 Texas Probation Travel Issues Resolved

Probation travel issues were addressed in the June 24, 2008 Interstate Commission for Adult Supervision (ICAOS) advisory opinion.

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 Unforeseen Consequences of Conviction

For a person with a felony conviction, many problems faced are the result of collateral consequences of getting convicted this serious offense.

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 Is Much of Forensic Science Unreliable?

A report from the National Academy of Sciences says much of what passes for forensic science does not meet minimal scientific standards.

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 Why Should Defense Attorneys Polygraph Their Client?

Client control and management is often a challenge even among the most experienced defense lawyers. Use the polygraph to help control clients.

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 The Plea Bargain

In a plea bargain the accused person agrees to enter a plea of guilty in exchange for a punishment recommendation from the prosecutor.

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 Corroboration Required in Accomplice, Snitch, and Informant Cases in Texas

The Texas legislature had the good sense to require corroboration of any accomplice witness before a jury could legally convict.

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 The Motion to Revoke Probation in Brazos County, Texas

People on probation sometimes face Motions to Revoke Probation based on alleged violations of their supervision conditions.

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 Possession Issues in Drug and Marijuana Cases

Possession of drugs and marijuana charges are common. University students are often common targets of the police, as well. There are some aspects of possession cases that all defense lawyers should consider.

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 Failure to Communicate Plea Offers to Clients

Ineffective assistance of counsel occurs if the criminal defense lawyer fails to timely communicate plea bargain offers to clients.

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 Touch DNA and Criminal Defense Lawyers

When someone touches an object, a small amount of skin cells are left on the object and can be later found by touch DNA forensic scientists.

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 Warrants Required For GPS Tracking

U.S. vs. Jones is great news for private citizens and their criminal defense attorneys which requires warrants for GPS tracking devices.

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 Police Line-Ups Unreliable

Many wrongful convictions are due to mistakes made during police line ups. Defense lawyers must be ready to challenge these identifications.

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 Judges: Appointed v. Elected

We are taught from a young age that the best form of government is one that we the people elect. Is electing judges the best way?

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 Jury Selection in Texas Capital Murder Cases

Voir dire is the process by which both the prosecution and criminal defense attorneys attempt to select the most favorable people to sit on a jury and decide a criminal case, especially a death penalty jury.

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 Criminal Lawyers Use Technology To Help Persuade Jurors

Technology in the courtroom can help defense attorneys persuade jurors if the presentation is organized and runs smoothly.

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 A Primer on Search and Seizure Law

Search and seizure starts with probable cause. Police must have sufficient reason to believe the thing to be searched contains evidence before they can search without your consent.

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 Criminal Defense Lawyers and Forensic Evidence: Parting Wisdom for the Courtroom Warrior

When defending criminal cases involving forensic evidence, the final counsel for lawyers battling prosecutors on this front is this - don't be afraid. Hire experts to assist your cross-examination preparation.

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 Amendments to the Texas Expungement Statute May Help Clients Erase More Mistakes

Changes to the Texas expungement statute may open opportunity for persons to expunge individual offenses arising from the same arrest event.

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 Should We Allow Our Clients to Tell Us the "Whole Truth?"

How the defense attorney controls the flow information from the prospective client is often a tactical decision. Knowing less may be better.

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 Why We All Should Love Learned Treatises!

The key to effective cross-examination of an expert witness is the learned treatise. Criminal lawyers love them!

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 Should You Blow into a Breathalyzer During Your Next DWI Stop?

With the advent of blood test search warrants, the mainstay advice of "don't blow" may have changed. It is easier to attack the breath test science than attacking the blood test. Read more!

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 The Blood-Breath Partition Ratio and the Intoxilyzer 5000 Breath Test

One key attack upon the Intoxilyzer 5000 breath test is the blood-breath partition ratio. It is possible for someone to register over the legal limit on the breath test, but be under the legal limit based on a simultaneous blood test. The partition ratio explains why.

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 Setting Fees in Criminal Cases

Setting fees in a criminal case is always difficult. The fee should fairly compensate the attorney and also be within the client's acceptable range of prices.

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 Will Texas H.B. 3016 Change the Way Criminal Lawyers Defend DWI Cases?

A new Texas law provides for sealing certain DWI convictions. The question is whether the new law will change the way criminal defense lawyers defend DWIs.

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 Lawyer Advertising

The best criminal lawyer advertising is selling solutions to potential criminal clients, rather than selling yourself.

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 Choosing a Criminal Defense Lawyer

Choosing a criminal lawyer for your charges can be a daunting task. Most people who find themselves in search of a criminal defense attorney are not accustomed to dealing with the law and, therefore, often don't know what to look for or what to expect from a lawyer.

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 Can We Continue to Afford the Luxury of the Death Penalty?

The death penalty consumes tremendous amounts of financial and labor resources. In fact, making the death penalty expensive is a key component of defending these cases. That begs the question whether the death penalty has become to expensive to continue.

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 Are You Required to Open the Door When the Police Are Knocking?

Whether or not to answer the door when police are knocking is a common question for lay persons concerned with understanding their rights and responsibilities when interacting with law enforcement.

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 Will Lowering the Legal BAC Limit from .08 to .05 Criminalize Responsible Behavior?

Some States have lowered the legal BAC limit to 0.05. The question is whether that move punishes people for acting responsibly. There will always be pressure to lower legal BAC limits, but at some point private citizens must have the freedom to engage in legal activities, like responsible consumption of alcohol, without fear of arrest and prosecution.

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 Remaining Silent Does Not Invoke Your Right to Remain Silent

The United State Supreme Court has ruled that simply remaining silent does not invoke one's right to silence. Instead, the right must be expressly invoked by a criminal suspect, or else their silence can be argued as evidence of guilt.

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 Building Your Forensic Defense Case . . . First Things First

A checklist on how to build your defense to the prosecution's forensic case [may] increase your chances of success. It's time to start studying, brainstorming, and building ideas on constructing a solid foundation.

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 Steps to Challenge the Prosecution's Forensic Evidence

What should the criminal defense lawyer do to challenge the prosecutor's forensic evidence? Here are some practical tips on how to use the law and facts to help.

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 Defending a Criminal Case Using Forensic Experts

Hiring a qualified expert might be the only way a criminal defense attorney can challenge the prosecutor's forensic evidence. Whether the hired expert testifies or simply prepares the lawyer to cross-examine the opposing expert, they may be the lynchpin to a successful defense.

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 Should We Allow Our Clients to Tell Us the "Whole Truth"

Allowing clients to tell us the whole truth is always a tactical decision. We never want to limit their ability to defend themselves in a future trial. Consequently, criminal defense lawyers should exercise caution when eliciting information from their clients.

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 University Discipline . . . The Illusion of Due Process

Higher education institutions, like colleges and universities, have student codes of conduct. A student may be prosecuted by their university for violating such a code. However, when the university prosecution is linked to a criminal investigation the student is in grave danger of self-incrimination.

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 Hearsay Exception: Why All Lawyers Should Love "Learned Treatises"

The learned treatise is the foundation for cross-examining the opposing expert witness. Here are some ideas on how to execute this strategy.

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 Does the Supreme Court Rule Defense Counsel Must Now Hire "Believable" Expert Witnesses?

The U.S. Supreme Court ruled that defense counsel must avail themselves of court-appointed funding for experts in order to render effective assistance of counsel.

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 An Immigration Strategy for Your Non-Citizen Criminal Client

Every criminal defense lawyer needs a plan when they represent non-citizens. Immigration issues can be complex and often more impactful upon the client than the criminal charge itself.

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 The Criminal Defense Lawyer as Entrepreneur

Criminal lawyers who treat their law practices like a business are the most successful. To enjoy more success, don't think like a lawyer, think like a entrepreneur.

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 How to Make Sure Your Client Remains Silent

So often our clients fail to follow our instructions to remain silent. They just feel compelled to talk. Here are some tips for clients to use if they insist on talking to the police.

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 How to Market Solutions to Potential Clients, Rather than Market Yourself

Sometimes the best way to market yourself to a potential client is to market them solutions to their problems. Taking the focus off yourself helps you appear more genuine and interested in the prospect.

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 Actual & Apparent Authority in Consent Searches

A valid consent search can sink a criminal defense lawyer's case. Knowing the difference between actual and apparent authority to consent can help the defense attorney challenge the search.

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 Criminal Defense Attorneys Should Never Give Up!

Criminal defense attorneys need the support of their colleagues and friends. Just knowing that someone else understands and has walked a mile in your shoes can be comforting.

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 Who Should Be Polygraphing Our Criminal Defense Clients?

For young criminal defense attorneys learning the ropes, "who should polygraph my client" is a familiar question.

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 How Criminal Defense Lawyers Should Charge Fees

Setting legal fees in criminal cases is always a challenge. Setting a premium fee helps the client get the best service.

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 Cross-Examine Blood Draw Witnesses: Quick-and-Dirty Phlebotomy Basics

The criminal DWI defense lawyer must know how to cross-examine the prosecutor's blood draw witness. Some phlebotomy basics will help get you started.

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 Marketing Your Criminal Defense Credibility Online

A criminal defense lawyer's credibility is their stock-in-trade. Leveraging credibility online can help the defense lawyer attract more and better clients.

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 Ignorance of the Law is Now an Excuse for No Reasonable Suspicion

Under a new United States Supreme Court case, police officers can now use their ignorance of the law as an excuse for making a investigative detention without reasonable suspicion. This is an important read for all criminal defense attorneys.

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 On Choosing the Right Law Partner

Should criminal defense lawyers fly solo or team-up with others in partnership? There are some important points to consider before choosing a law partner.

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 How Do Criminal Defense Lawyers Get Jurors to Tell Us the Truth?

Criminal defense lawyers must persuade jurors to tell the truth during jury selection. Revealing their bias is imperative to our client's right to a fair and impartial trial.

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 Using SFST Validation Studies in Your Next DWI Trial

DWI defense attorneys can use the Standardized Field Sobriety Test studies to impeach the reliability of the tests. Here are some tips for the criminal defense lawyer's next DWI trial.

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 Another Nuts-and-Bolts Primer on Batson Challenges

Texas criminal defense attorneys need a plan and excellent records to combat the racially motivated peremptory strike during jury selection.

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 Texas Transportation Code Section 724.017 Compliance in ALR Blood Test Failure Cases

In Brazos County, the Department of Public Safety has been using sleight-of-hand to prove up blood test results in ALR failure cases. Their conjuring attempts to correct an evidentiary deficiency in their blood test proof.

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 How to Forge Your Fear into a Constructive Edge at Trial

Even seasoned trial lawyers experience fear. Fortunately, fear is a thinly disguised strength and can be harnessed to improve trial preparation and effectiveness.

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 Use Kelly v. State to Challenge Any Scientific Evidence in Texas

The Texas criminal defense lawyer can use Kelly v. State to challenge the prosecutor's use of scientific evidence in court. Here's a real-life example of how to do it.

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 Safeguarding the Great American Experiment

The United States of America was a grand experiment of representative government in a free self-governing society. The work of criminal defense attorneys has been at the core of safeguarding this experiment. They protect individual liberty and freedom. Values the founding fathers determined were most vital to a free society.

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 Planning for Life after the Practice of Law

Criminal defense lawyers need to plan for retirement like everyone else.

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 How to Find the One Best Case for Your Client

Where do we find the best, the most persuasive case for our client? How do we build a story which is internally consistent? How do we construct a theory integrating all the facts the fact-finder will believe, a theory uniting the entire case into the most plausible and persuasive explanation of the facts as possible? In short, we must learn to think deeply and creatively.

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 How to Cultivate Your Personal Brand as a Lawyer

Your personal brand is something to continuously shape with the intention of helping others benefit from having a relationship with you. It should represent the value you are consistently able to deliver to those you serve. Itís being a role-model, a promise-keeper, a mentor, or a voice others can depend upon. Itís being an advocate, a representative, or a courtroom warrior.

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 How to Subpoena an Out-of-State Witness to Texas Criminal Court

Here are some practical tips on getting an out-of-state witness summoned to testify in Texas criminal court.

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 Preserving Error in Texas Retrograde Extrapolation Cases

Texas DWI defense attorneys should be proficient in preserving error when the State seeks to admit retrograde extrapolation evidence against their clients.

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 More Women Criminal Defense Lawyers Wanted

Women criminal defense lawyers can add much to the profession. We need more of them defending the rights of the accused in Texas criminal courts.

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 A Toxicological Guide to Retrograde Extrapolation Cross-Examination

How do criminal defense attorneys cross examine the prosecutor's expert on retrograde extrapolation issues? Here are some tips on using toxicology to help.

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 Using Metrology to Understand Forensic Measurements

Understanding the science of measurement can help a defense attorney deconstruct a measurement relied upon by the prosecutor. Their ability to discredit a given measurement could be the key to creating reasonable doubt.

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 How Might Criminal Defendants Fare with Justice Neil Gorsuch?

How might criminal defendants fare with Gorsuch on the Court? Admittedly, we can fashion only educated guesses. Even so, by examining some of his 10th Circuit Court writings and public remarks, we may get a line on issues important to him.

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 Evaluating Anonymous Tips

Many traffic stops are conducted based upon information in an anonymous tip. The criminal defense lawyer, consequently, must have a firm understanding of how to evaluate them.

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 Do Texas Prosecutors Cheat?

Exonerations in Texas beg the question whether prosecutors regularly cheat to gain advantage in criminal cases.

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 Cultural Issues in Texas Criminal Defense Practice

Culture helps define an individual's world-view and guides their decisions. When cultural behavior results in criminal charges, the defense lawyer's job is to demonstrate how the client's culture influenced their motivations and decision-making.

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 Texas Criminal Appeals

Several new appeals came into the office this year. Fortunately, my clients possessed the presence of mind to call early in the appeal process to preserve as many of their rights as possible. The appellate timetable is unforgiving and must be complied with strictly to preserve one's right to review. Criminal defense lawyers, and prospective appeal clients alike, must be familiar with the time limits applicable to criminal appeals in Texas.

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 Reversing a Bad Result - Ineffective Assistance of Counsel

A plea bargain accepted by the trial judge waives most of a defendant's rights to appeal. However, there are a few cracks in the armor which potential clients should be aware.

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 The Hole in the Texas Non-Disclosure Statute

Non-Disclosure is a great way for persons to get a fresh start after running afoul of the law, getting deferred adjudication, and completing the deferred successfully. Orders of Non-Disclosure seal those records from dissemination into the public domain by the custodian of records, the Texas Department of Public Safety.

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