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January 19, 2014

Does the Texas Transportation code (implied consent) trump the 4th amendment?

If there is one thing law enforcement hates, it’s the 4th Amendment’s requirement to get a warrant before searching. The reason? Warrants require an officer to have probable cause, and to explain said probable cause (in writing) before getting what they want (searching your house, stealing your blood etc). Warrants provide some degree of accountability for LEO, a very minor check on the almost limitless power of the State. Today let’s talk about searching your body, specifically your veins. In our DWI police state your blood is merely another piece of evidence for the State to gather, and they will hold you down GITMO style to do so.

The Supreme Court recently decided a case called McNeely vs. Missouri, which upheld the controversial position that holding down a DWI suspect and taking his blood without consent is a search, and a warrant is required unless there is some kind of emergency. I say this in controversial because a) prosecutors and law enforcement hate this idea and b) the Constitution usually doesn’t apply to DWI suspects.

So the Supreme Court rules on this blood search issue and now it’s up to Texas’ appellate courts to uphold this Constitutional safeguard. The problem is our appellate courts are largely pro-conviction police-state judicial activists who want the Government to win on appeal. Don’t believe me, today’s case of the day is Reeder Vs State from the Texarkana Court of Appeals.

December 11, 2013

Rules of Evidence, Harmless Error, and Facebook Posts

by Robert Guest

If you read criminal appeals you know that our appellate courts desperately want to help the State by upholding as many convictions as possible on appeal. They accomplish this in a few ways, one is by letting the State break rules and laws as often as possible without consequences. How does this look in practice? Our appellate courts embrace the idea of “harmless error”; that the State is making conviction omelettes it’s ok to break a few eggs along the way.

The Rules of Evidence are a great example. These are the rules that govern what kind of evidence can be used at trial. If the Defense objects at trial and the judge erroneously lets the evidence in anyway the idea is that you can file an appeal and have another court fix this mistake by granting a new fair trial. But this is Texas, and we have a conviction machine to protect, so on appeal the courts look for anyway to justify the fact that while the State may have broken the rules, that’s ok because we got the “right” result, which is that the Government got their conviction. The “finality of convictions” is a key phrase to look for in appellate opinions, it always accompanies injustice.

Let’s go to our case of the day.

October 17, 2013

How to deregister from the sex offender list in Texas

by Robert Guest

I’ve been getting of questions about this issue. Texas allows certain sex offenders to deregister, which means what it sounds like, you no longer have to register as a sex offender or appear on the registry.

First, it’s important to understand that deregistration is not the same as an expunction. Some people are confusing deregistration with an expunction. An expunction erases the history of the criminal case completely. If you are on the sex offender list, you are not eligible for an expunction. If you want more information on expunctions in Texas to go here.

So what does deregistration do?

September 1, 2013

Sunday Link Roundup- Improper Photography, 600 new laws, and Intoxilzyer Junk Science

by Robert Guest

Improper Photography Law Found Unconstitutional

Grits for Breakfast has a story on a 4th Circuit decision finding our State’s “improper photography” statute unconstitutional. The Defendant in the case was arrested for taking picture of people at Sea-World in their swimsuits. This definitely sounds creepy. But photography is an important part of free expression (and protected by the First Amendment).

So you may not be excited about the rights of a creepy Sea World swim suit photographers, but that is the price we pay to keep government away from your First Amendment rights, and the pictures and ideas you want to express. Of course the case now heads to the Court of Criminal Appeals, which doesn’t have an excellent track record on individual rights, so don’t get too excited about the state of the First Amendment in Texas.

August 21, 2013

SWAT Warrior Cops vs. Warrior Cop Author

by Robert Guest

Radley Balko is the leading author on the militarization of our local police forces and wrote “Rise of the Warrior Cop”, which I haven’t read yet but need to. Mr. Balko moved his blog to the Huffington Post, but The Agitator was a great read while it lasted.

Recently, some apologists for military home invasions SWAT raids have sprung up and Mr. Balko is meeting their argument head on. Here’s the link if you are interested.

Remember kids, police officers are government, and the government never wants to give up power, even the power to break up poker games and kill innocent Americans in wrong-house raids. Police departments around the country have gsome shiny new SWAT toys and piles of cash from the federal government, and they want to keep them.

July 22, 2013

Kaufman County Criminal Defense Lawyer

by Robert Guest

//www.youtube.com/watch?v=-qXs1OiQRgs

May 17, 2013

Texas Parole Eligibility Chart

by Robert Guest

So you’re facing pen time in Texas and you want to know when you are eligible to get out. It’s not as easy to calculate as you would think. Different offenses have different rules for parole eligibility, some allow for early release, some require more time be served. What you need is a chart, and a chart is what I have obtained.

First, credit where it is due, I received this chart from Michael Mowla. It’s his hard work and he deserves all the credit. Thanks for sharing Michael. Click below and download the PDF version of the chart.

Parole Eligibility Chart 2013.pdf

January 11, 2013

Rockwall, Texas Criminal Defense Lawyers

by Robert Guest

I’m proud to announce that the Guest and Gray Criminal Defense Team is opening our newest office in Rockwall, Texas. From our home base in Forney, Rockwall is actually the closest (and nicest) courthouse, so it made sense to expand there.

Tracy Gray and I will be meeting clients in Rockwall and manning the fort. Our Rockwall address will be 104 West Kaufman, Rockwall, Texas, 75087. It’s next to a 7-11, which is a pretty great feature.

Free consultations for all over your criminal defense needs. So call today.

March 14, 2012

Students loans are the new housing bubble, Law School is the equity line of credit on your McMansion

by Robert Guest

You can’t say you weren’t warned. Law school is a horrible idea right now. The industry is being outsourced and automated into oblivion. Every law job that doesn’t require a real person to appear in front of another real person is being outsourced or given to the lowest bidder. How bad is the legal market? Even the mainstream media has noticed.

Here is the latest from CBS-

University of Colorado law professor Paul Campos has studied the legal job market and found that it’s been shrinking because in part because of outsourcing and computer automation. He estimates that of the 45,000 law graduates each year, almost 45 percent can’t get jobs that require a law degree.

July 25, 2011

Texas DPS Driver License Eligibility Lookup

by Robert Guest

I get a lot of clients who have driver license issues. Most can’t get beyond the DPS run around and walls of beuracratic nonsense and get one simple question answered- What do I need to do to get my license back?

Which is why this new link is so ecxiting. DPS has a new site so you can out the status of your DL, make payments, and work towards lifting that suspension.

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