The Cherry Pit prosecution has reached a new low. Not content with mere code violations the police have invented an organized crime charge. This new charge carries a possible sentence of 99 years in jail. From DMN According to the arrest warrant affidavits for Jim Trulock, 59, and Julie M.…
Dallas Criminal Defense Lawyer Blog
Are Dildos Illegal in Texas (again)?
Texas has some stupid laws. Unfortunately Texas also has legislators who lack the courage or wisdom to repeal stupid laws. Instead, Texans must rely on federal courts, or even the Supreme Court to declare our stupid laws unconstitutional. One such stupid law bans the “promotion” (sale) of dildos. § 43.23.…
Texas MADD’s Roadblock Fetish
Another legislative session brings another request by MADD for DWI roadblocks. The Texas lege has rejected this bad idea for 10 years. Hopes springs eternal for neo prohibitionist zealots. From DMN “This could be the year,” said Mary Kardell, the executive director of the North Texas branch of Mothers Against…
Collin County Defense Attorney Office Raid Hearing- Cancelled
UPDATE- The hearing was cancelled and will be pushed into 2009. Quick recap- The Collin County DA subpoenaed a defense attorney to testify and produce evidence against his client before the grand jury. The attorney Keith Gore challenged that subpoena with a motion to quash. There was a hearing set…
Statute of Limitations- Texas Law
I’m often asked by clients if a case is too old to go to court, or if there case is so old it must be dismissed. This is understandable. Many defendants are arrested and then wait months for their first court date. For example, the Kaufman DA (wisely) tests all…
I-45 Speed Trap Follow Up
My wife and I drove from Ennis to Dallas today. Again, I was embarrassed by the proliferation of cops manning their radar guns on I-45.. Speed traps are among the lowest forms of law enforcement (TABC would also challenge for that title). I saw cops hiding under bridges, cops hiding…
Kaufman County District Attorney- Case Statistics
Some interesting stats from the Kaufman DA’s office. Total Pending Cases- Filed from 1/1/2004 – 9/26/2008 6,458 Total Disposed Cases- Filed from 1/1/2004 – 9/26/2008 11,871 Total Cases from 1/1/2004 – 9/26/2008 18,329 In the past 4 years 18,000 cases have been filed by the Kaufman DA. That seems like…
Frank Crowley Courts Building- Breakfast Review
I had court in Dallas this morning. Like many mornings with court I didn’t eat breakfast at home. Luckily, Frank Crowley has a restaurant with breakfast served until 10:30. As a public service, and to fill space, here is a quick breakfast review. I ordered 2 eggs with 3 pieces…
Discovery in Texas Criminal Cases- Open vs. Closed File Policy
In Texas defendants have very little right to learn about the evidence against them. For example, Texas law does not require the State turn over the police/arrest reports to the defendant. Those facing criminal charges in Texas have less discovery rights than litigants in a car wreck or divorce. If…
Wichita County Sheriff Recording Attorney/Client Conversations?!
An attorney with the Wichita County Criminal Defense Lawyers Association has informed me that attorney client conversations are being recorded at the jail. The WCCDLA has pled with Sheriff Tom Callahan to end this practice to no avail. My first job out of law school was with the Wichita County…