Everyone is presumed innocent even cops accused of smuggling weed. But ask yourself this, where do drug dealers get the money to bribe law enforcement? Why would a cop risk his career and freedom to help them? The answer- pot prohibition profit$. I’m amazed at how many Texans believe the…
Every defendant who is stuck in county jail wants the same thing- out. Inevitably the defendant, or a friend or family member asks- “Isn’t there some 90 day release law when a defendant is not indicted?” Actually there is, and it’s 17.151 of the Code of Criminal Procedure. I also…
Drug possession cases tend to be factually simple scenarios. The State must prove that you had care, custody and control of X, and that X is illegal. We’ll save possession for another day. Today let talk about proving X is marijuana. In most cases drug DPS labs provide analyze the…
DMN has the story of a Wylie video store owner who has his customers arrested for late videos. This piece is sure to generate some outrage in the comments section. “You shouldn’t arrest someone for late DVDs!!!” etc. I’m not sure how arresting for late videos is any less repugnant…
I received a speeding citation last week on the notorious I-45 speed trap. Allegedly, I was going 73 in a 60. In my pre blogging days I would call the court and ask for deferred adjudication, pay the tax (fine) and move on. However, the Google SEO gods demand constant…
Probation can be tough for a lot of reasons. From failing drug tests, to failing to report, to missing a meeting there are dozens of ways to get your probation revoked. It has come to my attention that the revocation process is not well understood by probationers. Let me hit…
Thanks to the War on Drugs, a “tough on crime” lege, and pro conviction appellate courts Texas now has over 400,000 probationers, 25% more per capita than the average state. These probationers all have one thing in common- they don’t want to be on probation. Luckily, probationers in Texas can…
Scene: Texas Senate sometime in the past Senator Genius: The people in my district are scared about gang members. Senator Einstein: Interesting. My constituents are concerned with the threat of dildo sales. Senator Genius: Are you thinking what I’m thinking? Senator Einstein: A ban on gang members selling sex toys!…
My wife and I saw Gran Torino last night. GT is a great film worthy of all the Oscar buzz. I don’t usually do movie reviews but here goes. GT is a formulaic Eastwood in a good way. Dramatic, funny, and ultimately tragic. The whole time I was just waiting…
Having a law blog guarantees a steady stream of email questions. It has come to my attention that many of you are pursuing a certain career, and worried about the effect of a criminal charge. Readers will send me information on some old criminal case in which they took a…