No Probable Cause in Self Defense Case

Published on May 15, 2026
Duration: 12:49

This video from Armed Attorneys discusses a case involving unlawful carrying of a weapon where the defendant was 17 years old and acted in self-defense. The discussion highlights the importance of probable cause hearings, particularly in self-defense cases, and clarifies that Texas law, as interpreted by case law like Andrews v. McCraw, does not prohibit individuals under 21 from carrying a handgun in certain circumstances, especially when acting in defense of others. The legal team emphasizes that prosecutors sometimes misapply the law and that a strong defense can lead to dismissal of charges.

Quick Summary

In Texas, a probable cause hearing is a crucial opportunity for defendants to argue self-defense against charges like unlawful carrying of a weapon. Case law, such as Andrews v. McCraw, clarifies that individuals under 21 may legally carry a handgun in certain circumstances, especially when defending others, potentially leading to dismissal of charges.

Chapters

  1. 00:01Case Introduction: Harris County Arrest
  2. 00:20Topic: Unlawful Carrying & Self-Defense
  3. 01:04Judge Fleischer's Court & Open Court Doctrine
  4. 02:02Charges: Unlawful Carrying of a Weapon
  5. 02:11Understanding Probable Cause
  6. 02:48Forms of Unlawful Carrying in Texas
  7. 04:34Case Scenario: 17-Year-Old's Actions
  8. 05:13Judge's Reaction & Defense Strategy
  9. 06:00Defense of Others & Age Issues
  10. 06:25Legal Arguments on Age & Carry
  11. 07:03Prosecutorial Misapplication of Law
  12. 08:07Case Law: Andrews v. McCraw
  13. 08:15Real-World Case: 19-Year-Old in Harris County
  14. 09:01Self-Defense vs. Unlawful Carry Charges
  15. 10:13Legal Briefs & Court Filings
  16. 11:04Judge's Final Decision: No Probable Cause
  17. 11:49Age for Permitless Carry in Texas
  18. 12:10Balancing Harm: Necessity Defense

Frequently Asked Questions

What is probable cause in a Texas criminal case?

In Texas, probable cause is the legal standard that must be met for an arrest or search. In misdemeanor cases, a judge determines if there's probable cause, meaning it's more likely than not that a crime occurred. For felonies, a grand jury makes this determination. It's essential for the prosecution to establish probable cause for a case to proceed.

Can a 17-year-old legally carry a handgun in Texas for self-defense?

While Texas law generally sets 21 as the age for carrying a handgun without a license, case law like Andrews v. McCraw has created exceptions. A 17-year-old acting in defense of others, as in the video's scenario, may be legally justified, and charges like unlawful carrying might be dismissed due to this defense.

What is the significance of the Andrews v. McCraw case for Texas gun laws?

The Andrews v. McCraw case significantly impacted Texas's unlawful carry statute by restraining the state from enforcing age restrictions solely based on age for individuals under 21, particularly when they are otherwise legally permitted to carry or when exercising rights like defense of others.

Why is a probable cause hearing important in self-defense cases?

A probable cause hearing is a critical early stage in a criminal case. For self-defense claims, it provides the defense an opportunity to argue that the actions were justified, potentially leading to the dismissal of charges like unlawful carrying of a weapon before a full trial, saving the defendant significant stress and resources.

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