Articles Posted in Uncategorized

In Texas, discovery in criminal cases is limited. The State does not have to turn over much of the evidence used to prosecute. For example, in Texas the defendant does not have the right to obtain a copy of the police report in a case.

Attempts by defense counsel to obtain discovery are frequently thwarted by judges and prosecutors.

Defendants have less discovery rights than parties in a divorce case. Why? We are not prosecuting Al Qaeda in Texas State Court. There is no national security at stake. The State has no need for secret evidence.

Have you ever wanted to see the Intoxilyzer 5000 without being arrested? Here it is. The Bill of Rights is under assault by an Atari 2600.

How does it work? Here is the operator manual.

Is it accurate? We don’t really know. The State’s Conviction machine runs on secret software that has not been independently reviewed for errors.

I get that question often. The idea being that our system is so perfect that it is an insult to the God of Law Enforcement to defend the guilty. In my experience this sentiment is common but without much intellectual foundation.

How do I respond? I do not believe in the moral superiority of law enforcement. I see the War on Drugs as an injustice. I see DWI enforcement as a threat to liberty. How could I not defend the victims of Prohibition or Neo Prohibition?

Furthermore, it is not my job to adjudicate guilt. Judges and juries pronounce such verdicts, not criminal defense lawyers. I present my client with options and advise. If my client believes himself guilty (or the evidence overwhelmingly points to guilt) I still seek the best outcome.

Think that freedom only protects criminals? Check out this video. This cop is representative of why all stops should be recorded and why we need more protections from traffic enforcement.

The video was so outlandish I thought it may have been a hoax. However, here is the veryfying news story.

I have had a few dismissals this week. Why do cases get dismissed? Here are 3 reasons.

1. The State Can’t Prove It At Trial-

Time-Older cases are harder to prosecute. This is especially true for cases with no video evidence. Set if for trial see who shows up and who remembers what.

The title is from the Code of Criminal Procedure. The duty of a prosecutor is not to convict, but to see that justice is done.

Unfortunately the “convictions are wins, dismissals are losses” mentality seems to take precedent over idealistic notions of justice.

Today’s example is from the TDCAA message board-Here is the question.

Have you ever wanted unleash your own police state DWI propaganda campaign? Now you can!

Here are some press release “toolkits” from StopImpairedDriving.com. These toolkits contain ready made press releases for all kinds of fun events including-

Sobriety Checkpoints

Thinking about testifying in your DWI case? You should know what to expect. TDCAA’s “DWI Investigation and Prosecution” handbook offers some insight into the mind of the DWI prosecutor.

Today’s subchapter is called “Crossing the Defendant”, it should have been called “guilty until proven innocent.” Prosecutors are taught to spin or ignore evidence of innocence.

– ADA’s are taught to work out a “time line” of that day’s events with the defendant. Why? Because there is “no credible way the defendant could have kept track of that, so you will either succeed in showing their no memory of times, or he has an overdeveloped memory.”

Texas is in the process of implementing the state’s first needle exchange program in Bexar County. Texas is the last state to adopt such a program.

TDCAA had a recent discussion on the issue. The issue was, could those with needles be charged with possession or delivery of drug paraphenalia?

Those bleeding heart liberals, the Islamic Republic of Iran, started a needle program two years ago to fight AIDS. Let’s compare the sentiments of Williamson County District Attorney John Bradley with his counterparts in Iran.

The Texas Juror Experience Project is less than 1 hour old. Here is the first juror submission

1. What was the offense?- Convenience store robbery in Fort Worth, Texas

2. What was the verdict?- Not Guilty