• Gun charge thrown out in court

    From Adam H. Kerman@3:633/10 to All on Thu May 28 19:23:48 2026
    Judge Fleischer is a trial court judge in Harris County, Texas
    (Houston). Any number of YouTube channels take the video feed from his courtroom and edit it into videos.

    One point to note. These formal probable cause hearings may be somewhat
    unique to Harris County. I don't know how this issue is handled in other jurisdictions. In one of these videos, there was a lot of discussion
    that the Harris County prosecutor had agree to a consent decree with
    regard to these hearings.

    They have to do with warrantless arrests. In a scenario in which an
    arrest warrant has been issued, a judge was satisfied that probable
    cause exists. But, what, 95% of felony arrests are warrantless?

    I suppose it's the timing, that an arraignment occurs and then there is
    a bond hearing, but the defense doesn't yet have an opportunity to raise
    an objection on lack of probable cause, so even if the judge rules in
    the defendant's favor, the defandant has been in pre-trial detention or
    on bond for quite some time.

    These hearings take place at first appearance, between the arraignment
    and the bond.

    I could be misunderstanding this entirely so BTR1701 will correct me.

    A young adult, under age 21, is facing a gun charge. Does Texas have
    minimum age 21 in statute? I wouldn't have expected that.

    The prosecution reads the report, including that the defendant was
    outside a retail store with his two brothers, saw another man draw a
    knife to threaten his two brothers. He then pointed his gun at the man
    with the knife and told his brothers to run away.

    Judge immediately hears "in defense of others" and cannot understand why
    the defendant is facing charges.

    Suddenly, a criminal defense attorney shows up and immediately agrees to represent the defendant. He pulls out papers from his briefcase. "Judge,
    I have precedent as to the unconstitutionality of these charges. Here's
    from one court. Here's from another, and still another. I have an order prepared. All you have to do is cross off the name and write in this defendant's name."

    The day before, he had just defended someone who had been arrested in
    similar circumstances.

    I think the criminal law issue is the constitutionality of the age
    threshold for carrying the gun. I wish there had been a longer case so I
    could have heard more details.

    https://www.youtube.com/watch?v=SkFmSQqRDjs

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