People will often ask this question. To answer it, it is important to first understand what a “Romeo and Juliet Law” is. If you look up the Texas Penal Code, you will not find any law labeled, “Romeo and Juliet Law.” What this generally refers to is the Sexual Assault statute, specifically referencing sexual assault…

“According to the plain text of Article 39.14, criminal defendants now have a general statutory right to discovery in Texas beyond the guarantees of due process.” Watkins v. State, 619 S.W.3d 265 (Tex. Crim. App. March 3, 2021) Just four months before this seminar, our Court of Criminal Appeals fully gave teeth to the Michael…

Another big question people ask regarding sexual assault allegations is “How drunk is too drunk for consent?” The answer, as always is, it depends. There is no bright line rule like for DWI that if someone is .08 or above they are intoxicated and therefore are too intoxicated to provide consent. This ultimately at first…

A DWI conviction can have lasting effects on your life. The more DWI convictions you have will normally come with harsher punishments. When a DWI becomes a felony, the consequences are far more severe than the typical first time DWI arrest. A DWI becomes a felony in Texas when it is your third or more…

Host Aida Leisenring, with guest host Marty Tankleff, exoneree now attorney, and guest Steven Brand, a criminal defense attorney, talked about what it means to be wrongly convicted or falsely accused. It is important to remember that the falsely accused are victims, too. Listen to the Podcast: https://soundcloud.com/jvcbroadcasting/crime-and-justice-radio-5-3-21 From your first meeting in our firm,…

It is not actually an insurance policy. It is also called a Certificate of Financial Responsibility. It is a form filed with the State proving that you have the minimum liability insurance required for your state. While you have SR22, DPS will be notified if you have a lapse in your auto insurance or cancel…

A DWI conviction comes with many collateral consequences, a driver license suspension is one of them. However, if your case is dismissed or if the DWI charge is changed to another crime, such as Obstruction of a Highway or Passageway, then the short answer is it depends. There are two opportunities for your driver license…

The only crime eligible to be labeled “Capital” is murder. Technically there is no “Capital” label but rather Texas Penal Code Section 19.03 is entitled, “Capital Murder.” Think of Capital Murder as Murder, as defined under Penal Code Section 19.02(b)(1) plus one of the 10 below factors which then makes it Capital. It is important…

Let’s start with basics but please note that what is considered Sexual Assault in Texas is far from basic. We were not addressing Aggravated Sexual Assault here which is Sexual Assault plus a specific aggravating factor listed in the law. Sexual Assault is found in Section 22.011 of the Texas Penal Code A person commits…

Mike is 23 years old. He and his 2 male friends have individual hotel rooms at a conference for the week. One night all 3 decide to go out drinking on the Riverwalk in San Antonio. They have several drinks each and wind up at a piano bar where they start drinking more alcohol. Jen…

No doubt these are crazy times. COVID-19 has paralyzed this country for nearly a year and a half now. But there are people that the states and the Federal Government have kept in jail awaiting trials for years (they may have already spent a year in jail before COVID hit) who continue to be offered…

“Cross-examination is the greatest legal engine ever invented for the discovery of truth. You can do anything with a bayonet except sit on it. A lawyer can do anything with cross-examination if he is skillful enough not to impale his own cause upon it.”—John Henry Wigmore WARNING for the reader The methods in this paper…

This week, Travis County Commissioners and the Travis County DA, met for a press conference to say that “Survivors” of sexual assault will be believed. Now, just like many things these days, no one defined what a “survivor” of sexual assault is–but it appears to be anyone who claims they were sexually assaulted. That’s it….

All charges filed against Grace McDonald have now been dropped, according to her defense team. The team is now headed to the Ector County Jail where they will pick up Grace. Grace had been charged with Capital Murder, Criminal Conspiracy, and Prohibited Sexual Conduct. This move comes a little more than a month after her…

Defense lawyer Steven Brand and Colton Turner’s great aunt Diane Battles react to Michael Turner’s sentence to 20 years in prison in the death of his 2-year-old son outside a Travis County courtroom Friday morning. From your first meeting in our firm, we know you will recognize this is more than what you expected out…

In this episode, Jen interviews Austin criminal defense attorney Steve Brand of Brand & Resendez Law about defending those accused of domestic violence and sex crimes. Listen to the Podcast: https://audioboom.com/posts/7704896-steve-brand-returns From your first meeting in our firm, we know you will recognize this is more than what you expected out of a law firm….

Elizabeth Resendez, partner at Brand & Resendez Law, has been named to The National Trial Lawyers: Top 40 under 40 – a professional organization composed of the top trial lawyers from each state or region who are under the age of 40. About Elizabeth Resendez As a Partner at Brand & Resendez, Elizabeth brings a…

Expertise.com scored 562 Criminal Defense Lawyers in Austin, TX and named Brand & Resendez one of the top criminal defense law firms in Austin (2020). Why were we picked? Expertise.com’s goal is to connect people with the best local experts. We were scored on more than 25 variables across five categories, including: Reputation A history…

Jen chats with Austin criminal defense attorney Steve Brand to learn about Gov. Abbott’s Executive Order No. GA-13 and other Covid-19 issues in the criminal justice world. Listen to the Podcast: https://audioboom.com/posts/7563908-covid-19-talk-an-interview-with-steve-brand From your first meeting in our firm, we know you will recognize this is more than what you expected out of a law…

Abbott’s executive order blocking jail releases during a pandemic highlights conservative opposition to the growing movement to end wealth-based detention in Texas. On March 26, 15 people incarcerated in the massive jail looming over Buffalo Bayou in downtown Houston wrote a joint letter predicting a “catastrophic outbreak” of the novel coronavirus if officials didn’t act…

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