FORT WORTH CRIMINAL DEFENSE BLOG HOME

Using Deadly Force In Defense Of Another Is Not A Crime in Texas

By: Brandon Fulgham

Criminal Defense | Robbery

Recently in Irving, Texas, a man allegedly entered a check cashing establishment in an attempted robbery. Instead of simply robbing the place, the man allegedly took a female employee hostage and held her at gunpoint. Dramatic video shows the police in a standoff with the suspect who appears to be holding a woman with his arm wrapped around her neck. The video, captured by a man who used his cell phone to film the incident, shows the suspect turn to his left. When he turns, he keeps the hostage in front of him. Turning was the fatal mistake. An officer discharged his duty weapon in the use of deadly force immediately when the hostage was not in the line of [...]

Beware of the Private Citizen: Vigilantes & Citizens’ Arrest

By: Brandon Fulgham

Citizens Arrest | Criminal Defense

Private citizens can act as police officers when you least expect it. Texas’s law allows private citizens to help the police capture a person. Seems illogical, but it’s all legal. Therefore, you must beware of the vigilante; the person who is out for justice and will find it at any cost. This vigilante can arrest you as long as he plays by the same rules by which the police must play. If they do not, what can happen? Fort Worth criminal defense attorney Brandon Fulgham knows that when ordinary citizens stick their nose where it does not belong, good things can happen for his clients.

If police violate a person’s constitutional rights, then the evidence obtained in violation of those [...]

Can Juveniles Be Tried As Adults in Texas?

By: Brandon Fulgham

Juvenile Crimes

Sentencing juveniles as adults may not be in the interest of justice in every case.  Many factors, including the crime itself, must be taken into account when making this decision. While it may be a politically popular decision to make for a district attorney’s office, trying a juvenile as an adult may not be in the best interest of the child. Texas permits a child to be tried as an adult in certain circumstances. Texas law also allows the state to seek a “determinate sentence” of a juvenile. This is the type of sentence Tarrant prosecutors sought for Ethan Couch. Judges face difficult decisions when trying to appropriately sentence a juvenile because many factors, including the age of the child, [...]

Talking Can Lead to Trouble: Exercise Your Right to Remain Silent

By: Brandon Fulgham

Criminal Defense | Miranda Rights

Talking Can Lead To Trouble

It is human nature to want to tell your side of the story. Talking is not always in your best interest. This is especially true if you have been charged with a crime or are under law enforcement suspicion of committing a crime. The only person you should be speaking to about the facts and circumstances about your case is your lawyer. Your lawyer is your only friend in these situations; the only one you truly can trust. You do not need to try to convince your family or your friends that you did not commit the crime. The only people you need to convince are the people sitting in the jury box and the [...]

Should You Take Your Chances With A Jury?

By: Brandon Fulgham

Criminal Defense | Jury Trial

The right to a trial by jury is inviolate. It is a personal right every person who is charged with a criminal offense enjoys. In Texas, that right may be waived in most cases. There is no magic formula to decide which is best for you. That decision must be made in close consultation with your attorney. In that instance, you need an attorney with significant trial experience to guide you. Brandon Fulgham, founder of Fulgham Law firm, is a former prosecutor who has tried numerous cases to juries, and many more to judges, has the courtroom experience to properly advise his clients on the advantages and disadvantages of waiving a jury.

Every person facing criminal charges has the right [...]

Texas Law Enforcement Devotes Resources To Stopping Human Trafficking

By: Brandon Fulgham

Human Trafficking

Law enforcement in Texas, and around the nation, has begun to crack down on human trafficking. Human trafficking demeans and exploits its victims. Perpetrators of this crime frequently prey upon vulnerable populations, such as the young, the transgendered, and illegal aliens hoping to come to the U.S., among others. Many are lured through social media and are fooled by people pretending to be someone else. The victims are essentially slaves, forced to live and work in deplorable conditions that are unfit for animals, let alone humans. While police are taking a hard stand and fighting to stop this scourge on today’s society, law enforcement can rush to judgment and accuse innocent people of wrongdoing in the name of eradicating this [...]