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Law Blog

Firearms Prohibited Persons: Who is Prohibited From Possessing a Firearm?

Posted on August 28, 2013 by Mintzer Law

In 2008, the United States Supreme Court silenced the debate over the meaning of the Second Amendment to the U.S. Constitution with its ruling on District of Columbia v. Heller, thus upholding the right of people to keep and possess firearms. The decision included an acknowledgment of the right of the states and the federal government to impose reasonable restrictions on gun ownership as long...

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9 Common Types of Disorderly Conduct That May Land You in Jail

Posted on August 21, 2013 by Mintzer Law

Unlike other states where disorderly conduct is a minor violation punishable by a fine, Texas lawmakers made disorderly conduct a misdemeanor charge. A misdemeanor is a criminal offense punishable by a fine, probation or jail. Typical penalties for a first offense are a fine and, depending upon the circumstances, probation. Police frequently use disorderly conduct when other criminal charges might not fit the exact set of...

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Miranda Rights: You Have the Right to Remain Silent When Interrogated by Police

Posted on August 14, 2013 by Mintzer Law

It appears at times as though every person charged with committing a crime has watched enough police shows on television to know the Miranda warnings by heart. As soon as the suspect is "collared," the star of the show begins reciting the litany that begins with "you have the right to remain silent." The problem is that, while most people now know the warnings, few...

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Face Lesser Penalties With 3 Common Affirmative Defenses

Posted on August 7, 2013 by Mintzer Law

The defendant in a criminal case is the person accused of committing a crime. A defendant in the United States has the benefit of the presumption of innocence. This places the burden upon the prosecutor to prove the defendant's guilt beyond a reasonable doubt. The accused does not have offer any evidence in opposition or offer a defense to the criminal charges. A defense in a...

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