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Errors and the Role They Can Play in Your Criminal Defense

Whether or not you have had any personal experience with the criminal justice system, you may be aware of the importance of procedures and protocols for those working within it. From street level law enforcement to the courts and penal system, following protocol is vital to proper job performance and to protecting the rights and safety of individuals involved.

Unfortunately, procedural flaws within the criminal justice system are not uncommon. If you have been charged with a crime and an error that concerns your case has occurred, your defense attorney needs to know about it. What follows is a discussion of some common examples.


Sobriety testing procedures have evolved incredibly over the past several decades, with newer techniques and instruments designed to produce ever increasingly accurate results. However, improper handling of tools, materials, and samples happens, and when it does, your defense attorney needs to know. Any procedural errors that may compromise the results of your sobriety test are important for your future and may play a pivotal role in the outcome of your DWI case.

Drug crimes

Searches and arrests related to drug crimes are sometimes motivated by improper or biased suspicions on the part of law enforcement, including racial profiling and other unconstitutional practices. If your rights were violated in the process of being arrested and charged, tell your drug crime attorney. Moreover, flaws in laboratory procedures and other improprieties in evidence handling can occur as well. Such actions, which may have resulted in the tainting of evidence against you, can be of great use in your criminal case.

When to Inform your Defense Attorney

If you are facing criminal charges, any errors that may have occurred can make a critical difference in the outcome of your case. If you believe that an error of any nature has occurred, call an experienced Houston defense attorney at the Downey Law Firm today.

Professional Memberships
  • National Association of Criminal Defense Lawyers
  • Texas Criminal Defense Lawyers Association
  • State Bar of Texas Criminal Justice Section
  • National College of DUI Defense
Professional Positions
  • Instructor, DWI "Top Gun" School , Texas Criminal Defense Lawyers Association

  • Faculty, State Bar of Texas Annual Advanced Criminal Law Seminar

  • Co-Chairman, Houston Police Department Crime Laboratory Serology Investigation Panel

  • Author, Instructing the Jury, 2012 State Bar of Texas Annual Advanced Criminal Law Seminar

  • Author, Subpoenaing Big Brother, 2010 TCDLA Annual Top Gun Seminar

  • Author, Picking a Skeptical Jury in A Short Amount of Time, 2008 TCDLA Annual Top Gun Seminar

  • Former Felony Prosecutor, Harris County District Attorney's Office

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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

Phone: (713) 651-0400
Address: The Downey Building, 2814 Hamilton Street, Houston, Texas 77004

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