CRIMINAL DEFENSE LIBRARY

Trial, Evidence & Constitutional Rights

Evidence does not come into court just because the State has it. A criminal file may contain body-camera footage, witness statements, laboratory reports, text messages, medical records, jail calls, photographs, co-defendant statements, business records, and other evidence. But possession of evidence and admissibility of evidence are different things.

A criminal trial requires the court to decide: What may the jury hear? and ultimately the jury to decide: What does it actually prove?

Taylor Defense Firm's Trial, Evidence & Constitutional Rights Library examines the issues that can determine what reaches the jury, how witnesses may be challenged, whether constitutional protections apply, and whether the State has actually carried its burden beyond a reasonable doubt.

Articles

Burden of Proof & Presumption of Innocence

The State Has the Burden of Proof: What "Beyond a Reasonable Doubt" Really Means

A criminal conviction requires proof beyond a reasonable doubt—the highest burden used in the American legal system. An arrest, indictment, or police conclusion does not satisfy that burden. Understanding what the State must prove, how evidence is tested, and what counts as reasonable doubt is essential to criminal defense.

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Bodycam, Digital & Recorded Evidence

911 Calls and Body-Camera Evidence in Texas Family Violence Cases

Police body-camera recordings and 911 call recordings can become central evidence in criminal prosecutions. Understanding what the recordings actually show, recognizing hearsay issues, examining chain-of-custody for recorded evidence, and addressing Confrontation Clause concerns can shape how the jury ultimately views the case.

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Police Seized Your Cellphone: When Can They Search What Is Inside?

Cell phones can contain extensive evidence: text messages, photographs, location history, communications with others, and digital records. But police authority to search a seized phone depends upon Fourth Amendment constraints, warrant authority, and the scope of permissible searches. What police may seize and what they may examine are not necessarily the same question.

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Cellphone Location Data: How Police Use Your Phone to Place You at a Location

Cell-site records and cellphone location data can place a person at or near the location of a crime. But the accuracy of location evidence, the methodology behind the technology, and the foundation for location evidence at trial all may become important trial issues. The defense should examine how the State establishes the reliability and precision of location-based evidence.

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Digital Account Search Warrants: When Police Seek Your Email, Social Media, or Cloud Records

Police increasingly obtain access to email accounts, social media accounts, and cloud storage records through search warrants. Understanding the legal authority for digital account searches, the scope of what police may obtain, and the evidentiary significance of digital records can be important to trial defense strategy.

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Can the State Play a 911 Call or Body-Camera Statement When the Witness Does Not Testify?

A prosecutor may have a recording of an accusation when the witness does not testify. But a recording does not automatically avoid hearsay rules or the defendant's constitutional right to confrontation. Understanding when 911 calls and body-camera statements are admissible is essential at trial.

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The Police Report Is Not the Evidence: What a Texas Jury Actually Gets to Hear

A police report may contain accusations, witness statements, officer conclusions, and hearsay—but that does not mean the jury will hear all of it. Learn why the evidence behind the report can matter more than the report itself at a Texas criminal trial.

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Witnesses, Credibility & Impeachment

Child Outcry Statements and CAC Interviews in Texas: How a Sexual-Abuse Allegation Develops

In child sexual-abuse cases, the manner in which a child's allegation is initially made—the outcry statement—can become central to the prosecution's case. Understanding the procedures for child-advocacy-center forensic interviews, the risks of repeated questioning and suggestion, and the dynamics of how disclosures develop can be essential to cross-examination and defense strategy.

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A Witness Changed Their Story: Prior Inconsistent Statements in a Texas Criminal Trial

A criminal case can change dramatically when a witness tells one story to police, another story later, and something different again at trial. Those inconsistencies may become some of the most important evidence in the case. Understanding impeachment rules, body-camera evidence, and witness credibility is essential to effective cross-examination.

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Facing a Texas Criminal Trial?

Evidence, witnesses, constitutional protections, and trial procedure can determine the outcome. Taylor Defense Firm examines what the State can actually prove, challenges evidence admissibility, and builds a defense strategy based on the facts and the law applicable to your case.

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