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DMN columnist Tod Roberson supports the drug war because he can’t understand how a legalization/decriminlization system would work. He knows that “tycoons”, “world leaders” and “smart” people support ending Prohibition, but to Tod the “details don’t add up.” Specifically, Tod has 3 concerns he can’t work through- addiction, cartels and wait for it….. the children.

Fortunately for Tod, DMN commenters have a much better grasp on the subject, and they are willing to answer his concerns. It’s one of the better rhetorical smackdowns I’ve seen in a while. So good that I have nothing to add. Go read the column/comments for yourself. The public is moving ahead of old media on this one. Now we just have to wait on the politicians to get it.

DISD Fight Club

Every year thousands of Texans plead guilty for deferred adjudication(DA) probation. A common fallacy among defendants, judges, prosecutors, and even some defense lawyers is that DA cases “won’t be on your record”, i.e. they can be expunged. Not true. In Texas, deferred cases can not be expunged. You can file a motion for non disclosure, but that is a marginal remedy at best. In most cases, a deferred plea will follow you forever.

A related misnomer is that a deferred case won’t have an impact on your future. After all, the nomenclature of deferred cases can propagate misguided optimism. The “no finding of guilt”, “no final conviction”, “case will be dismissed” language leads most to believe that after probation they can move on with their lives.

Nary a week goes by without an email from someone who can’t get a job, or a professional license, because of an old deferred case. Thousands of former defendants who dutifully fulfill their obligations and repay their “debt to society” are perpetually shackled.

I’ve spent many keystrokes railing against the SEO industry. From spam comments to fake link building these companies are heavy on pitch but short on credibility. Let me offer some hope for lawyers looing for internet marketing help.

Last year I decided to sell out and move from my gratis blogger account to a commercial lawyer blawg provider. After some deliberation I chose Justia. I was impressed with their portfolio and the broad range of legal information they provide the public. Justia is not cheap by any means, but it has been a solid investment. I would recommend Justia over any other SEO company for a few reasons.

1. They have never embarrassed me. No spam bots plaguing my colleagues blogs or splogs with spam links etc. I do have a strange presence on some “dog lawyer” website that Justia owns.. But I love dogs, and I’m a lawyer, so no problem.

You are a criminal defendant. There is a witness in your case. Your defense lawyer want to subpoena relevant instant messages, emails, or other communications sent by the witness through MySpace to prepare for trial.

Time for a quiz-

According to MySpace’s legal compliance officer, Scott McFarland, which of the following can subpoena records from MySpace.com?

I hate red light cameras. These automated taxing agents are the wretched offspring of nanny state fascism and government greed. Google has placed my site near the top for red light camera searches. Many of you come here looking for help. I share your disgust for red lights cameras. However, I do not take red light tickets. I want to help, but the numbers don’t make sense (for you or me).

This is not an accident. The government designed the system to induce massive give up among defendants. If the government was going to steal a million dollars from one person, you can bet that person would fight the case. It’s much easier for the government to steal $1 from a million drivers.

Most red light ticket are between $50-$150. To fight a red light ticket case you have to waste at least one whole day at court in front of a unaccountable administrative judge whose primary duty is to raise money for the city. This judge is going to find you guilty even if you hire OJ’s defense team. After your hearing (no jury trials allowed) you may have some limited right of appeal, but that takes more time and another court appearance. Can you afford to miss a day of work to save $100? How about two days?

This economy sucks for everyone, defense lawyers included. I’m not expecting much public sympathy for our industry. We don’t have enough political clout for a bailout. Would I trade my libertarian idealism for some free Obama “stimulus” money? Don’t ask.

Criminal defense is a somewhat recession proof industry. When the economy retracts, the police continue policing, and criminals keep criminaling (I’m going to copyright that verb). Even as GDP goes down, arrests and prosecution continue on their perpetual upward trend (Onward Prohibition!)

The lawyers I talk to are hurting. Current clients aren’t paying on time, potential clients can’t pay at all. Let me dust of my economist hat and look into this market.

It’s only a matter of time until every public space in Texas has a O Cristo Redentor. Such is the holding of our SCOTUS case of the day Pleasant Grove City vs. Summum. This case has absolutely nothing to do with criminal law. That being said….

Facts- Pleasant Grove City has a public park. A private group donated a Ten Commandments monument to PGC. PGC displays the monument at the park. (I can only assume idol worship and donkey coveting are major problems in PGC).

Summum is a religious organization that wanted a monument dedicated to the “the Seven Aphorisms of SUMMUM” displayed in the same park. PGC says no way. Summum sues because the city is discriminating against their message.

The Dallas Morning News’ editorial board wants you to quit smoking. Rather than just persuade or educate the public about smoking dangers, DMN wants to use the blunt power of government to force smokers into hiding. Even worse, they want to subject every city and community to the same rules. If they should exist, smoking bans should be local. What works in El Paso may not work in Highland Park etc.

I don’t smoke. I don’t want to smell like smoke. I don’t want you to smoke next to me. I still don’t support a smoking ban. This isn’t even morality policing, we are legislating taste.

Let’s examine the inanity. From DMN-

Here is an email I received from TCDLA. For those who are not familiar with the Keith Gore debacle here is a quick recap.

Dear Member:

Next Thursday, February 19, 2009 at 1:30 pm, a hearing will be held in the 418th District Court of Collin County on issues involving Keith Gore, the lawyer whose office was illegally searched. The Court will be hearing the state’s motion to disqualify Mr. Gore, as well as Mr. Gore’s motion to disqualify the DA’s office. The hearing is expected to last through Friday the 20th.

One of the many criticisms of the disastrous Herring opinion, is that SCOTUS missed a chance to promote accuracy and accountability in government databases. The result of SCOTUS misguided, illogical, and dangerous opinion in Herring is that innocent people will be arrested on recalled warrants, fake warrants, and other database errors.

After all there is inherent accuracy in government work. Why would the State improve database accuracy if their is no sanction for mistakes?

I saw a glimpse of the Herring future today. I was in misdemeanor court when a female defendant approached the bench crying. Apparently, this lady had written some bad checks. She had a deal with the DA that if she paid off the checks all charges would be dismissed.