Is an impartial judiciary important for criminal defendants? Even if the defendant is charged with DWI? DWI enforcement has already destroyed many Constitutional Protections for DWI suspects. The 4th, 5th, and 6th amendments were long ago sacrificed to ensure efficient DWI convictions. Unfortunately MADDness and DWI hysteria are now threatening…
Dallas Criminal Defense Lawyer Blog
CP Swinger Party Not Up To Duncanville Police Standards
The debate on the CP raid is evolving. My original post generated some good discussion on liberties, lifestyles, and law enforcement. Thanks to all for reading and posting. One justification for this raid that hasn’t been discussed is the nanny state view. The idea that adults need police protection from…
Kaufman’s Broken Intoxilyzer- Self Diagnostics, Repair and Maintenance
I had a pre trial hearing today regarding the broken Intoxilyzer machine in Kaufman. In Texas, technical supervisors are employed by DPS to maintain and verify these machines. I was looking to suppress the evidence from a machine that had proven to be faulty and was taken out of service.…
Texas Bomb Threat Law- Kaufman Courthouse Edition
The Kaufman courthouse has been evacuated. Allegedly, someone called in a bomb threat. Texas law makes it illegal to call in a fake bomb threat. Here is the law. The question is… is today’s bomb threat fake? I really hope so. And, is a courthouse a “public service”. If so,…
Duncanville Police Raid The Cherry Pit
Late Saturday night the Duncanville Police raided the “cherry pit”, a private residence that also hosts swinger parties. According to DMN the police stormed in guns drawn (insert joke here). From DMN Duncanville police executed a search warrant at the club, the Cherry Pit, which has been the subject of…
What is a plea bargain? Why are so many cases plea bargained?
This is a piece I wrote for the Ellis County Press on plea bargains. Joe Goodguy is charged with aggravated assault with a deadly weapon, a second degree felony. The criminal case against Joe has problems. The “victim,” Bob Badguy, is a felon who was high on crack during the…
Texas Open Records Law For Bloggers
I’m off to Austin to speak at Netroots Nation. I’m in the Open Records Laws For Bloggers roundtable with some other great speakers. Here is the official Robert Guest guide to Texas Open Records Law For Bloggers If you don’t want to read two pages of brilliant public information information,…
Kaufman DWI – Intoxilyzer Goes On Disabled List
Besides being inaccurate, Intoxilyzer machines break down frequently. Last year Kaufman County’s DWI breath test machine was taken out of service. Here is what happened. Reference Sample Breath test machines are never calibrated on humans. By that, I mean that you don’t have a human take a breath then a…
Collin County Sheriff Deputy Takes Second Job With Drug Cartel
DMN reports that a Collin County Sheriff Deputy, Robert Benavidez, has been charged with abuse of official capacity. Allegedly, Mr. Benavidez has been working for a Mexican Drug Cartel, the Zetas. Let’s look at this story from a two angles. Prohibition=Corruption Only 3 entities can supply drugs to the American…
Defense Experts= Hired Guns. State Experts= Humble Public Servants
An anonymous commenter posted this reaction to my interview with Dr. Greg Kane, an expert witness. Wow!! Amazing!! A man who wants money from defense lawyers states that nothing LE does is correct?? What are the odds of that? Dr. Kane detailed the statistical manipulation used to legitimize field sobriety…