I’m leaving for the annual Rusty Duncan conference in San Antonio today. I am considering not blogging while out of town. So if you don’t here from me until Monday it’s because I’m on the riverwalk (I know it’s a horrible cliche tourist trap, but we love it)
I always enjoy RD, it’s good to see everyone and leave the office for a few days. Drop me a line if you’ll be in town.
That’s why restarting the system didn’t work
I got my new shiny Dell Vostro 220 in yesterday. For some reason I can’t resist putting a new machine together right away. Originally, I had decided to wait until after work to start this project, but I got back early from lunch and I could not resist. I had to get this up and running, my inner techno geek wanted a new toy to play with. So I rip open the box and quickly assemble my Vostro. No problems, it boots, I’m happy.
The plan was to use PC mover to transfer the data from old computer to the new machine. Simple right? I installed PC mover on the old PC. Then I put the PC mover CD into the new computer and F A I L.
My new computer doesn’t know it has a CD/DVD drive (optical drive). That is, the CD drive opens and closes, you can put a disc in and eject, but the PC doesn’t know it’s there.
How can cops interrogate you if they can’t talk to you because you have a lawyer? Even a false confession requires significant psychological pressure. The kind LEO can only exert without your defense lawyer present. Welcome to the new 6th amendment, it’s no longer a right, it’s a privilege (you have to assert!).
Time for the SCOTUS case of the day- Montejo vs. Lousiana.
What happened?
I hate Windows. Every day I boot up that Windows XP logo reminds me how uncool and backwards my computer is. I want to be hip, creative, apple cool.
I feel like a serf on the Windows farm. I can’t leave, I want to leave. But I’m stubborn when it comes to software. Two programs that are essential to my practice are not Apple friendly.
The first is my law firm software, elaw. I love elaw, I can’t live without elaw. Elaw doesn’t support Apple.
I had a DWI bench trial on Thursday (no verdict yet) that sapped my weekend blogging energy. I don’t usually blog about my pending cases, so lets talk about bench trials in general.
What is a bench trial?
Bench trial, judge trial, TBC (trial before the court), or TBJ (trial before judge) are all the same thing- a trial without a jury. In a bench trial the judge not only decides the law, but also the facts.
Readers of this blog know that I am on a personal mission to inform the public of their 5th Amendment rights. If the police ever ask you about illegal activity of any kind, ask for an attorney. If you are Mirandized ask for a lawyer and shut up.
CLEAT is the Texas cop lobby. They have a disastrous two pronged legislative agenda-increase the presence and power of law enforcement in Texas (more crimes, less freedom, higher penalties) while at the same time sweeping LEO malfeasance under the rug. Great guys, these Cleaters.
CLEAT also provides legal advise to their membership. What does CLEAT tell cops to do if they are under investigation for criminal wrongdoing?
There are only two traffic offenses in Texas for which arrest is not permitted, speeding and open container. I’m not sure what that says about our state. You can drink and speed but if you forget to buckle up or use your turn signal you can be sent to the clink? Such is our post Lago Vista world.
Here is the law-
Sec. 543.004. NOTICE TO APPEAR REQUIRED: CERTAIN OFFENSES.
I’m of counsel with Guest and Associates, a civil litigation firm in Irving. (Yes we are related, it’s my uncle’s law firm). Recently, I’ve assisted on some consumer debt (credit card, car loans etc) defense cases. G&A does most of the heavy lifting, I help with some filings/appearances and handle consultations. Unlike most areas of civil law I’ve found consumer debt defense highly enjoyable. Theses cases and clients really resonate with me.
What’s to like about credit card/consumer debt cases?
First, there is a similar David v. Goliath narrative in both consumer debt and criminal defense. Both cases involve the little guy fighting a giant corrupt entity hell bent on destroying the individual.
The drug war is working so well we should consider expansion. Forget the salvia debate. Think broader. Why should we limit prohibitionist zealotry to actual drugs? If only we could expand the WOD to ban products named after street drugs.
From the AG’s website
Court prohibits the selling of a drink marketed as street drug alternative in Texas
Your case is set for jury trial. The ADA makes a final plea offer (Offer A) to your defense lawyer.Your defense lawyer informs you that the offer was Offer B (Offer B is Offer A plus more fines, jail time, etc) but that he/she had worked the ADA down to Offer A.
I’ll call this practice fake plea bargaining. I heard a story of an an alleged FPB incident. I lack personal knowledge of this event. All would agree this practice would be unethical. For this post let us examine motivation.
Why would a defense lawyer fake plea bargain? Allow me to speculate.
Dallas Criminal Defense Lawyer Blog