Houston Criminal
Law Blog
What is an Arraignment?
Posted on April 24, 2013 by Mintzer Law
An arraignment is the first step of a criminal case after an arrest. Its purpose is to inform the accused person of the charges against him. The U.S. Constitution's Sixth Amendment guarantees the accused the right to know what they are accused of. The Founding Fathers added the "arraignment" clause to protect Americans from languishing in jail due to political persecution. Since the Sixth Amendment closely...
Read the full post»Sixth Amendment Right to a “Speedy” Trial
Posted on April 17, 2013 by Mintzer Law
The Sixth Amendment to the U.S. Constitution guarantees defendants the right to a speedy trial by a jury of their peers. This right dates back to England’s King Henry II (1154 – 1159) and the Magna Carta (1215). While it seems fairly straightforward, the term "speedy" has been difficult to define. Purpose of the "Speedy Trial" Clause The original purpose of the "speedy trial" clause was to...
Read the full post»What is a Statute of Limitations?
Posted on April 10, 2013 by Mintzer Law
The United States is not unique for having statutes of limitations; in fact, the idea migrated across the pond — originating in ancient Rome. A statute of limitations puts a time limit on the filing of civil lawsuits and the prosecution of crimes. No state has a statute of limitation for murder, although different states vary concerning the law's other particulars. There are several reasons to...
Read the full post»What is a Subpoena and How is It Used?
Posted on April 3, 2013 by Mintzer Law
From the Latin "under punishment," a subpoena is a written document that requires a person to appear before a court or other legal proceeding at a certain time and place. Failure to do so results in punishment, such as a fine or jail time. Even if the time or place of the legal proceeding is changed, the subpoena remains binding. Conversely, without a subpoena, no...
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