Dallas Criminal Defense Lawyer Blog

I’ve been using IPhones as long as there has been IPhones. I recently became upgrade eligible (Christmas for tech geeks) and instead of getting the IPhone 6/6 Plus I decided to switch to Android and purchased a Samsung Galaxy S5 Active. I’m a week into this and I wanted to share the experience for those of you thinking about making the switch. I chose the Active version of the S5 with the hope of going without a phone case. It feels much less delicate than my Iphone and I like not having an extra layer of plastic around my phone.

Should you switch? TLDR

I know this is what most of you want to know, so I’ll cut to the chase. If you are somewhat tech savvy, use google apps and enjoy technology with less limitations then yes, switch to Android. You won’t miss IOS/Iphone and you can still use your old Ipad if you do. If you just want a phone that works and is simple to use, stick with Iphone. Android isn’t especially difficult to use, but you have to know/care enough to go through the settings for different apps to get the most out of Android.

We convict a lot of innocent people in Texas. For a lucky few defendants, we figure out they are innocent before we take away years/decades of their life or put them to death. Let’s say you are arrested but it turns out that there was no probable cause and the charges are dropped, can you sue and hold anyone in the government accountable? Sure you can sue, the better question is, can you win? That can be tougher that you’d think, even for blatant constitutional violations, like arrests without probable case.

The reason for this is qualified immunity. Qualified immunity is a monument of police state judicial activism, in which our federal courts invented a doctrine that shifts the costs of wrongful arrests (sitting in jail, bail money, hiring a lawyer etc) to the public. What started as a limited common law defense grew as the court added more and more hurdles for Plaintiffs to clear to bring a case and survive summary judgments.

Again, the federal doctrine of qualified immunity is not a law passed by Congress, federal judges just made it up, and it protects officers who make mistakes on the job. I don’t have immunity in my law practice, you probably don’t have immunity in your job (although negligent doctors in Texas bought practical immunity with the help of TLR), but government actors do.

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.

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.