Category: Austin Criminal Defense Lawyer

Austin Criminal Defense lawyer David Frank is based in Texas and has a reputation for being a tough and experienced criminal trial lawyer. In April of 2014 he challenged the Texas Mandatory DWI Blood Draw Statute in two test cases. The appellate courts agreed and found that the Mandatory Blood Draw Statute runs afoul of the Fourth Amendment. In November 2014 he helped lead a State-Wide effort against a SOAH rule change. That effort led to a simpler process to subpoena witnesses for ALR Hearings. He is the Past President of the Criminal Defense Lawyers Association and currently serves on the Texas Criminal Defense Lawyers Association Strike Force Committee.

McCoy v. Louisiana – Following Your Client’s Instructions

Austin Criminal Defense Lawyer

On January 16, I wrote about McCoy v. Louisiana a case where defense counsel argued that his client was “crazy”. This was a triple homicide where the evidence for guilt was overwhelming. The defendant, Robert McCoy, nonetheless maintained his innocence and instructed his lawyer not to concede guilt. Convinced of his client’s guilt and perhaps… Read more

Franks v. Delaware – Material Omissions v. Misstatements?

Austin Criminal Defense Lawyer

Franks v. Delaware – Material Omissions v. Misstatements? In Franks v. Delaware, 438 U.S. 154 (1978), the Supreme Court held that a defendant may challenge the validity of a search warrant affidavit and is entitled to an evidentiary hearing if the veracity challenge is supported by a specific offer of proof.  The challenge must allege… Read more

Inconsistent Reasoning from the Court of Appeals

Austin Criminal Defense Lawyer

Austin dwi Lawyer Yesterday, the Court of Appeals told the defendant he was wrong for requesting a jury instruction that could have helped him. Blithely ignoring its own reasoning, the Court provided a separate jury instruction, that could only have helped the State. There appears to be little even-handedness in this opinion and it telegraphs… Read more

Not Guilty: DWI Blood Test More Than 0.15

Austin Criminal Defense Lawyer

TRIAL REPORT – DWI Blood Test More Than 0.15 Austin DWI lawyer Court:  Travis County Court at Law Number 6 Judge Brandy Mueller Offense:  DWI First with BAC greater than 0.15 g/dl Offense Level:  Class A Prior Convictions Admitted? None Did Defendant Testify? Yes Offer prior to trial:  1 Day Travis County Jail + $1,000… Read more

Cross-Racial Eyewitness Identification

Austin Criminal Defense Lawyer

Despite the numbers of reported media accounts of Eye Witness Identification leading to false convictions, misidentification is not a defense set out in the Texas Penal Code and Texas law does not authorize a trial court to give a Cross-Racial Eyewitness Identification Instruction to the Jury. Courts are concerned that a written instruction to the… Read more

Presentation on Scaled Questions

Austin Criminal Defense Lawyer

Scaled Questions are an excellent way to remove biased jurors from the panel. A scaled question asks jurors to respond to a statement and rank how strongly each juror agrees or disagrees with the statement. I like to use a scale of 1 to 8 with “1” being strongly disagree and “8” being strongly agree…. Read more

Boating While Intoxicated Dismissed

Austin Criminal Defense Lawyer

Client was having a peaceful afternoon on the lake with friends.  It was beautiful.  The boat was safely moored and everyone was having a good time.  After a few hours, Game Wardens with the Texas Parks and Wildlife Department came by to conduct a water safety inspection. They came up along the port side and… Read more

Police Violated the Warrant Requirement When they Illegally Entered Client’s Home

Austin Criminal Defense Lawyer

A driver alleged that my client damaged her vehicle and left without exchanging information.  In a quick series of events, my client became the subject of a DWI investigation.  Deputies entered my client’s home and began a search for evidence.  We argued that the Police violated the warrant requirement when they illegally entered client’s home… Read more