A Defendant formally accused of violating probation also has the right to a speedy revocation hearing. In addition to statutory provisions addressing timeliness in motions to revoke, the Court of Criminal Appeals has historically recognized two sources of law which provide for the right to a speedy revocation hearing: (1)…
The reasons for the delay of a trial are important under the second prong, and the State will be required to put forward their reasons at a dismissal hearing. Right now, blood and drug results from the State laboratory are taking six months or so to process. A person sitting…
The Texas Court of Criminal Appeals analyzes both speedy trial and speedy revocation motion matters under the factors set forth by the United States Supreme Court in Barker v. Wingo, 407 U.S. 514 (1972). These factors include: (1) the length of the delay, (2) the reasons for the delay, (3)…
Going back to the Constitution of the United States, American citizens are guaranteed a speedy and public trial. The public part is why a Court cannot bar you from entering to watch a trial unless you are a witness, but the speedy part has been developed over the years. I…
Rear view of police detective standing and looking at the paper in front of the wall with map, pictures and sticky notes at office The Fifth Circuit in Cowart and sister Courts of Appeals note that conspiracy is a distinct offense from that of aiding and abetting, and involves the…
Brightly Red Colored Semi-Truck Speeding on a Two-Lane Highway with Cars in Background Under a Stunning Sunset in the American Southwest You must be prepared for the Government continuing to say that all or most drugs coming through Mexico or Central America are bound by the United States. This is…
Private jet flies past sun – in blue sky above the clouds The cocaine in Rojas was a million-dollar deal that was paid in American dollars by the Zetas, a Mexican drug cartel that a codefendant had seen sending drugs in vans towards the United States, and a meeting was…
However, the Mexican cartels who control the overland routes for drug trafficking are routinely sending loads of cocaine and methamphetamine into Europe, several of which large loads have been seized in ports like Amsterdam. This development has grown since the Fifth Circuit Court of Appeals Rojas case and particularly in…
The Sherman and Plano Federal Courts are full of extradition cases from Latin America regarding drug smuggling. These individuals have often never set foot into the United States, so how can they be prosecuted here. Like the previous blog on airplane jurisdiction, the United States Congress has passed laws to…
In Morrison v. National Australia Bank, 561 U.S. 247 (2010), the Supreme Court applied the presumption against extraterritoriality to securities fraud statutes. Again in Kiobel v. Royal Dutch Petroleum, 133 S.Ct. 1659 (2013), the Supreme Court applied the presumption and held the plaintiff lacked extraterritorial jurisdiction under the Alien Tort…