Texas Penal Code

Topic will detail how various portions of the texas penal code are relevant to san antonio criminal defendants regarding their specific situation


Sue is drunk.  She is in the public.  Contrary to common belief this does not make Sue guilty of  public intoxication (in San Antonio Texas). The Texas Public Intoxication law requires that Sue not only be in the public, and intoxicated, but it requires that she be a DANGER TO HERSELF OR OTHERS.  If the danger part cannot be proven beyond a reasonable doubt, then she is not illegally publicly intoxicated within the meaning of the...

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Here is a criminal video that gives you a quick overview of the LONGEST time you can be in prison (or jail) if you commit various crimes in Texas.  I made this video using 2013 movie trailer clips, so that you could quickly get a picture for the maximum punishment. Yet, criminals almost never face the maximum punishment allowed.  So what amount of jail or prison do criminals actually face.  This article seeks to answer the question...

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When a first time offender is charged with a crime in San Antonio, Texas, we find that there is one thing in the forefront of the accused criminal’s mind: “Am I going to jail?!” No, You are (Most Likely) Not Going to Jail In San Antonio, Texas, first time criminal offenders are not going to have to go to jail as part of the punishment for the crime.  Most of the time, the person charged with a crime will have the...

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Burglary Case Dismissed

Burglary Case Dismissed


Posted on Jan 28, 2013

Congratulations to Justin Cook for getting his client’s burglary case in the 175th District Court of Bexar County, Texas dismissed today.  The Cook & Cook Client was charged with burglary.  Burglary is the legal name for the act of entering a house with intent to steal, or to assault another person.   Depending on the specific facts of the case, the punishment can range from the state jail felony level (2 years jail) all the...

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Texas, like all other states in this great country, has the Beyond a Reasonable Doubt law.  The way that I explain this concept to jurors is by telling them my own story dealing with this legal concept. In law school I had to sit as a juror during a mock murder trial.  At the end of the case, all of the other student jurors were talking and deciding on whether the defendant was guilty or not guilty.  I thought that he might be guilty....

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Ex Post Facto, Texas Penal Code 1.03

Ex Post Facto, Texas Penal Code 1.03


Posted on Aug 5, 2012

Ex Post Facto is latin for “from after the action”.  The concept in Texas and across the United States refers to the fact that a person cannot be charged with a crime that was not written at the time the crime occurred.  If Amy murdered Fred on August 14th, and the legislators failed to pass a law that murder was illegal until August 15th, then Amy cannot be criminalized for her action because the law was written Ex Post...

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