Introduction The Fifth Amendment to the United States Constitution is a critical protection in the legal system. It ensures that individuals cannot be compelled to incriminate themselves. While most commonly associated with criminal proceedings, the Fifth Amendment may also play a crucial role i...
The Intoxilyzer 9000 is the type of breathalyzer used by law enforcement in Texas to calculate the amount of alcohol in a person's breath. It operates on the principle of infrared spectroscopy. Here is a simplification of how it works: 1. Breath Sample Collection: when a person blows into t...
Recently, Ed McClees visited with Houston television station Channel 2 about how self defense laws are applied in Texas. Self defense is a concept that is often misunderstood by both prosecutors and the public. Below is an general overview of how those laws work in Texas. It is important to remem...
Last week Ed McClees served as legal analyst for Channel 2/KPRC's "The Bench" program, which takes an in-depth look at the A.J. Armstrong murder trial. Mr. Armstrong is currently facing his third trial, after two hung juries, where he is accused of murdering his parents in their Bellaire home. In...
Defending public corruption cases requires a comprehensive understanding of the unique challenges posed by these cases. These cases involve unique legal issues that are often misunderstood by lawyers who do not routinely represent public officials or public servants accused of wrongdoing. One of...
Under the Fourth Amendment, individuals have a reasonable expectation of privacy in their vehicles. However, the Supreme Court has recognized several exceptions to the warrant requirement for searches of cars. One important exception is known as the "automobile exception" or the "vehicle exceptio...
The statute of limitations for Securities Fraud is five years. Tex. Rev. Civ. Stat. Ann. art. 581-29-1. This limitations period starts to accrue from the date that the defendant and the complainant enter into an agreement to sell or transfer the relevant securities. Villareal v. State, 504 S.W.3d...
Last week Ed McClees obtained an acquittal in a securities fraud trial that was being prosecuted by the Harris County District Attorney's Office and the Texas State Securities Board. Prosecutors alleged that McClees's client made misleading statements and omissions about intellectual property in ...
Ed McClees recently helped secure a “no bill” from a grand jury on a sexual assault charge that turned his client's life upside down. This person retained Ed to represent him after a police investigator called him to get a statement regarding the alleged incident. Through his investigation Ed di...
Ed McClees recently helped free his client who was charged with Capital Murder. His client is a 25 year old father who had been accused of murdering two individuals. The young man's family retained Ed in the hopes that he could work a deal that would spare their loved one from spending the rest o...
With the upcoming Memorial Day weekend coinciding with the Texas governor's order allowing bars to reopen for the first time in months, we expect cops to be on the prowl to catch and arrest suspected drunk drivers, and we expect that they will literally be out for blood. Over the last several ye...
It is election season, and the mud slinging is in full form. Houston Mayor Sylvester Turner has come under fire over the hiring of intern during a hiring freeze who was paid $95,000 per year. One of the mayor's political opponents used this information in a political attack ad, which caused May...
When the government charges someone with a crime, the government is constitutionally and statutorily required to disclose to the defense information that is favorable to the defense. This includes information that indicates that the defendant did not commit the offense, and information that can ...
Ed McClees along with co-counsel Wes Rucker and Lisa Andrews secured an acquittal for a Harris County Sheriff's Deputy charged with Aggravated Assault by a Peace Officer, which carries the same punishment range as murder. When the deputy was indicted, the Harris County District Attorney's Office...
Every day millions of people use cell phones to send text messages, emails, and to make an occasional phone call. Smart phones help us find directions, check our bank account balances, find good restaurants, and so much more. Smart phones also provide police with a treasure trove of evidence that...
How are THC oil cases prosecuted in Texas? As more states have legalized marijuana, the growing cannabis industry has taken advantage of the vaping trend by selling THC oil. While recreational marijuana is now legal in some states, it is still very much illegal in Texas. And while some prosecu...
Today the United States Supreme Court issued an opinion in Timbs v Indiana where it declared that the Excessive Fines Clause of the Eighth Amendment to the Constitution applies to state forfeiture proceedings. The opinion, written by Justice Ginsburg, also stated that the Excessive Fines Clause a...
Your young child is injured. She rolled off the bed, she was accidentally burned in a bathtub or perhaps a curtain rod fell on her arm. You do what any concerned parent would do, and immediately take your child to the doctor. At first the medical staff starts asking questions about what happene...
With the new year has come new locations and schedules for the criminal courts in Harris County. Here is a link to the locations and schedules for the “Group A” courts: 176, 177, 178, 179, 183, 208, 209, 248, 262, 263, 351, RIC/Specialty Dockets. And here is the link to the locations for the “G...
Do not be fooled by law firms that aggressively market on billboard, radio and through cleverly worded slogans about whether you should or should not provide a breath sample. The truth is that there is no “one size fits all” answer to this question, because each situation is unique. At the end ...
The Houston Chronicle has reported that a 2014 DWI conviction was reversed by an appellate court because the Houston Forensic Science Center failed to disclose sloppy lab practices. Sadly, this is not surprising to those who have followed the woes of the Houston Forensic Science Center, which ha...
Local law enforcement agencies are strengthening efforts to increase DWI arrests over the upcoming Labor Day weekend. Over the last several years there has been a popular trend among district attorney's offices in Harris County, Montgomery County, Ft. Bend County and others to have “no refusal” ...
In Texas, as in many other states, the severity of punishment for a DWI increases when the person charged has prior DWI convictions. Under Texas law, a person charged with a first DWI faces a Class B misdemeanor so long as that person's BAC is below a 0.15. A person arrested on a new DWI charge...
When most people hear “DWI” they think about driving under the influence of alcohol. But with an ever-increasing number of states legalizing either the medical or recreational use of marijuana, law enforcement has started to increase its attention to those who drive impaired due to their use of ...
As more states have legalized marijuana, the growing cannabis industry has taken advantage of the vaping trend by selling THC oil. While recreational marijuana is now legal in some states, it is still very much illegal in Texas. Possession of THC oil imposes even stiffer penalties than possessi...
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