The sorry tale of Dallas Police Sergeant Walter Clifton came to an end yesterday. Sgt. Clifton was involved in the phony tickets scandal in Dallas. Here is a summary. Sgt Clifton and his officers would write many tickets to homeless or transient defendants. These defendants sometimes missed their court appearances.…
Dallas Criminal Defense Lawyer Blog
Dallas DWI- Forced Blood Draws and The Right To Counsel
Dallas Morning News has yet another story on the proliferation of DWI blood warrants. This time the Dallas Police are joining the bandwagon of cities who have chosen to circumvent the law and violate your right to refuse blood testing. What about the right to counsel? Will these DWI suspects…
National Polka Festival- Ennis, TX
I live in Ennis, TX. Ennis is a wonderful city 25 miles south of Dallas of I-45. This weekend (5/23-5/25) Ennis is hosting the 42nd annual Polka Festival. There is a parade, dance contest, run/walk and the usual Czech food and beer. It’s a great reason to visit Ennis. Polka…
Texas Age of Consent Law
A reader asked me what the age of consent is in Texas. Great question. Let me begin by stating there is no section of the Texas Penal Code that defines “age of consent.” Rather, you have to begin in the Sexual Assault Provisions of the TPC. § 22.011. SEXUAL ASSAULT.…
Texas Law- Defining Intoxication
When I use a word it means just what I choose it to mean, neither more nor less.’ – Humpty Dumpty, Through the Looking Glass Most of the rhetoric surrounding DWI includes statements about drunk drivers. For example, Texas MADD has a “campaign to end drunk driving.” No one supports…
Dallas ALR- A Morning At The State Office Of Adminstrative Hearings
I spent the morning at the State Office of Administrative Hearings in Dallas. SOAH is where all live Dallas ALR hearings are held. You can also request a telephone hearing. Ceteris paribus, I prefer a live hearing. A live cross examination contains more useful information than one by phone. What…
Dallas SWAT
Until yesterday I had never viewed any of A&E’s Dallas SWAT reality show. Last night I caught about 15 minutes of one episode. This 1/4 hour of television showed much of what is wrong with law enforcement. Here is what went down on Dallas SWAT. Home Invasion Search The SWAT…
The Cory Maye Tragedy- Reason.TV
The story of Cory Maye encapsulates the worst of our drug war- racism, injustice, loss of civil liberties, and needless death. Drew Carey produces another must see Reason.TV episode.
What is a Writ of Habeas Corpus?
Here is an article I wrote for the Ellis County Press. What is habeas corpus? “The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion, the public safety may require it.” – United State Constitution Art. 1, Sec. 9 A…
SDSU Drug Bust- Point, Counterpoint
DEA managed to bust some San Diego State students who were allegedly selling drugs. Since when does the SDSU party scene warrant federal intervention? The investigation started when SDSU lost a student to an overdose. The DEA loves piggybacking on tragedy to try and legitimize their existence. From the DEA-…