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The NFL’s response to the Ray Rice domestic violence case has generated some much deserved criticism. But what the media rarely talks about is the domestic violence problems in the law enforcement community. Let’s compare the problem the NFL faces with domestic violence vs Law Enforcement. Here is a case from California in which an officer brutally pummels a 51 year old grandmother. This video garnered some national press, but nothing like the Ray Rice case. That probably has more to do with our celebrity culture, but it is a sign that while we are focused on pop culture and sports, we are ignoring a much larger group of victims and assailants.

Click the link above and watch the video. Both videos display a level of violence and misogyny that are shocking, but only the NFL is being taken to task for it’s response to violence against women. With the sheer amount of police violence in America today maybe another assault on a suspect is just noise. In the United States the Government doesn’t even track police shootings, much less beatings.

Now let’s look specifically and law enforcement domestic violence. Here are some stats to scare the shit out of you from the National Center of Women and Policing-

So you have been arrested and you are worried about how this will affect “your record”? Well, you should be. In Texas, convictions last forever. And by forever, I mean it’s on your record until you get a pardon but in Texas we don’t really do pardons because our Governors hate defendants so, forever. However, part of our defense strategy is finding a way to minimize what records are available when you case ends. So let’s start with what exactly is your “record?” When people talk about their record they usually assume there is some formal criminal history branch of the government , perhaps in Austin, that has all the bads thing you done in a file somewhere.

Not exactly, whenever you make contact with the criminal justice system in Texas records are created. When you are arrested there is a mugshot, bond paperwork, arrest affidavit etc. Those are all public records. When you are case is filed more records are created. There is an information or indictment, a file at the clerk’s office with more information about your case, and perhaps some online information that the county provides.

Part of your defense lawyer’s job is finding outcomes that maximize your ability to get rid of these documents. For example, if you get deferred adjudication probation in Texas you are not eligible for an expunction, but you may he eligible for a non disclosure (having your records sealed). Some offenses can not be placed on deferred probation (DWI etc). So if you want your DWI “off your record” at the end of the case, you may have to have a trial and hope for a not guilty verdict because not guilty verdicts can be expunged.

In Texas our pro conviction appellate courts have blessed the practice of law enforcement profiling drivers and investigating routine traffic stops as drug trafficking.  This practice involves an officer deciding that you are a drug dealer and then following you until you commit a traffic violation.

I thought racial profiling was illegal in Texas?

It is. But to get anywhere with that you an officer honest or dumb enough to testify that race was a factor in his investigation. LEO learns quickly to keep those thoughts to himself. Our numerous traffic laws allow great cover for profiling. DPS knows to just follow who they want to stop until they can find some evidence of a traffic violation. That’s considered great police work in Texas. We allow and encourage non-racial profiling. Which means a DPS Trooper can list any reason but race as a reason to follow you and wait for a traffic violation and then search for drugs.

First, you should understand what your rights are, and then we can discuss why the police did not read them to you.

You do not have to wait for Miranda warnings to remain silent or ask for a lawyer!

In Texas you only have to ID yourself if you are detained. If you are driving you have to provide proof of insurance. Beyond that you can remain silent, ask for a lawyer, refuse to answer any questions and ask “am I free to go” and “am I being detained?” If you want to say something say “I choose to remain silent until I can speak with a lawyer.” You do not have to answer any questions beyond identifying yourself. That means you don’t have to wait for the police to Mirandize you before you ask for a lawyer and quit talking. I will say that not cooperating will make most LEO’s angry, and they will threaten to arrest you or get in your face and yell at you about how bad it will be if you don’t talk, but it’s all a show to intimidate you. Just remain calm and keep quiet. If you need to say something ask for a lawyer, and ask if you are free to go. Rinse, repeat.

The State Bar of Texas has rolled out a program to help the refugee children in Texas and volunteer attorneys are needed.  Here are details on the upcoming training seminars in Dallas, there are also events in Houston and San Antonio. Here is the form you can fill out to volunteer, or attend a training seminar.

  • Wednesday, July 30: Informational session: “Unaccompanied Refugee Minors & Humanitarian Crisis at the Border: What’s Going On and What Can Attorneys Do?” 6-7 p.m., Belo Mansion, 2101 Ross Ave., Dallas, 75201. RSVP to Alicia Hernandez at ahernandez@dallasbar.org. Sponsored by the Dallas Hispanic Bar Association.
  • Thursday, July 31: CLE (.25 ethics): “Special Immigrant Juvenile Status Training through Human Rights Initiative,” noon-1 p.m., HRI Offices, 2801 Swiss Ave., Dallas, 75204. RSVP to Elisabeth Hagberg atehagberg@hrionline.org. Sponsored by the Human Rights Initiative of North Texas.

CLEAT, the largest police union in Texas, has developed a new app to help law enforcement officers across Texas. Now what should be a standard feature in a police app? The traffic code? Yelp listings for breakfast nearby? A list of the most wanted criminals? The local unofficial ticket quota? The best way to “lose” video evidence?

How about the ability to quickly lawyer up after you shoot someone one? Because that’s what CLEAT put in their app.

From CLEAT-

A story in DMN highlights another problem with our State’s idiotic marijuana laws. By making a very safe product illegal, marijuana, we have led people to use more dangerous drugs, like K2 or synthetic weed.  The end result… from DMN- 29 people treated at Dallas hospitals for possible synthetic marijuana overdoses | Dallas Morning News.

Dr. Jim d’Etienne, who supervises the emergency department at Baylor, said most patients came to the hospital by ambulance with signs of severe intoxication and psychosis.

He said multiple patients came in with the same symptoms, including extremely agitated behavior. According to d’Etienne, some had to be sedated.

Remember last week’s post about a DWI case where the State violated a discovery order and hid evidence from the defense and violated a discovery order that required them to turn over evidence in a timely manner? If you don’t, here’s my post about it. Long story short, the Dallas Court of Appeals said it’s ok if the State ignores a court order when it comes to discovery and doesn’t turn over evidence to the defense on time.

Not to be outdone, our state’s highest criminal court, the Court of Criminal Appeals, ruled on the same issue recently in a different case, and guess what? They came to the same conclusion, if a prosecutor hides evidence or “forgets” to turn over evidence and violates a court’s discovery order, that’s fine.

The purpose of our criminal appellate system in Texas is to uphold a conviction at all costs. It’s the reason that our appellate courts bend over backward to say a defendant “waived” all objections on appeal, while at the same time our appellate court allow (if not outright encourage) the State to ignore discovery orders, because the system wants the conviction above all.  The asymmetry of accountability between the State and Defendant is mind boggling.

Lyft and Uber are disruptive technologies (apps that let you hail a ride/cab) that threaten the entrenched taxi cartels in many cities, including Dallas. Here is how the taxi game used to work, taxi companies lobbied local government and begged to be regulated and for “consumer protection” laws. But why would an industry want to be regulated? Simple. To decrease competition. It’s not uncommon for cities to limit the number of cabs, or pass laws that create such high barriers to entry that new cab companies can’t form. Taxi companies love these kinds of laws. Economists call this “rent seeking” behavior, where companies win profits through political lobbying instead of by providing a better product. It’s also the difference between free markets and corporatism.

Taxi companies have long lobbied (ie legally bribed) their local pols to decrease competition and nobody complained much until Uber and Lyft came along. In Dallas the city tried to diligently obey their taxi masters and sent the police to arrest Uber cab drivers (Dallas is a real life version of The Wire). You know you’ve hired the right lobbyists or given the right donations when you can get the police to arrest your business competition.

I thought this was a DWI article?

The City of Kemp, Texas and it’s police chief are being sued in the Eastern District of Texas for an alleged false arrest and police brutality by Robert McCollom (Plaintiff). Kemp disbanded it’s police force in 2012 and the Kaufman Sheriff’s office was going to patrol Kemp. I am not sure when Kemp PD undisbanded (rebanded?) but apparently they are out making arrests again. The City of Kemp and the Chief of Kemp PD Jimmy Council (who was rescued last year after falling down a well in Lassie-eqsue fashion) are being sued along with a Kaufman Sheriff Deputy in a 1983 action. Let’s look at the case and learn about federal civil rights lawsuits shall we?

What’s a 1983 case?

42 USC Section 1983 allows lawsuits against state actors for constitutional violations. That is, if a state or local government official violates your constitutional rights under the “color of law” (as part of their government employment) you can sue them in federal court.

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