Dallas Criminal Defense Lawyer Blog

May 16, 2012

Kemp Police Department Disbands

Some old news from last week, the Kemp, Texas police department is being shut down due to budgetary concerns. This isn’t the first small town Kaufman County PD officer to face massive layoffs. Last year, almost the entire Combine police force was jettisoned.

How will this affect your Kemp PD criminal case? It depends on where these officers go and if they are available to testify in the future. If not, that could present some challenges for the State. Especially for the typical “pull the car over for innocuous traffic offense, find dope” case. You have a right to confront the witnesses against you, cops included.

In the interim, KSO will take over for Kemp PD.

April 18, 2012

Dallas Court of Appeals Affirms Kaufman County Drug Conviction

by Robert Guest

I often have a hard time quickly explaining to my non-lawyer friends exactly how the appeals system is stacked against criminal defendants. Fortunately today’s case, Barnes vs. State, crystallizes how the constitutional rights of defendants are effectively waived through nonsense technicalities. It’s a Kaufman County Drug case, appealed to the 5th District in Dallas.

What happened?

Barnes filed a motion to suppress claiming the police investigation was unconstitutional. Specifically, Barnes sought to exclude statements made during the investigation. This motion was denied (as are most motions to suppress).

March 30, 2012

Dallas Court of Appeals Overturns Prohibited Weapon Conviction

by Robert Guest

Today’s case of the day is Michael Scott Page vs. The State of Texas. It’s a Kaufman County weapons case that was appealed to the 5th Circuit in Dallas.

What happened?

Michael was out on bond (agg assault). While on bond Michael told his neighbor he we was going to blow up the courthouse. Michael’s neighbor called the police and relayed the details of this conversation. Michael’s bond was then declared insufficient (a topic for another post) and an arrest warrant was issued.

March 27, 2012

Dallas Appeals Court Reverses Retaliation Conviction

by Robert Guest

Today’s Dallas Court of Appeals case of the day is- Lowell Merritt vs. The State of Texas!

What happened? From the opinion.

The events leading up to appellant’s indictment on a felony retaliation charge began in July 2007 when appellant’s neighbor reported that appellant “cussed” his wife. After reviewing the report, a Collin County sheriff’s deputy filed a disorderly conduct complaint against appellant in the Precinct 2 Justice of the Peace Court of Terry Douglas.

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.

March 12, 2012

Economics of Prohibition- Video

by Robert Guest

What’s the definition of insanity again?

https://www.youtube.com/watch?v=kSXKHLkK4jI

March 12, 2012

DPS tracks your prescription information

by Robert Guest

The most frightening Texas law enforcement story of the day comes from CBS in Dallas. It appears that DPS has an online database that stores your prescription information. DPS has been hacked in the past, one can assume it’s only a matter of time before this database is also breached. Maybe we can finally get the answer to what caused this.

This wholesale invasion of privacy is, of course, another tentacle of our failed drug war, specifically the scourge of “doctor shopping” that keeps up the Prohibitionist busybodies at night. To prevent a few addicts from getting pills, we now have allowed the government to monitor everyone’s medical history, forever. It’s the usual “everyone is guilty until proven innocent attitude” we see with alarmingly regularity these days. On the list of dangers that keep me up at night, the fact that my neighbor might be doctor shopping is pretty damn low. Certainly not high enough that I want DPS in the room with me and my doctor.

Remember, next time you tell your doctor that you are in pain, or suffering from depression or anxiety, this information can and will be used against you.

September 1, 2011

New Dallas County Deferred Adjudication/Non Disclosure Admonishment

by Robert Guest

“Will this be on my record?” is a common client concern. After all, in the information age employers, friends, enemies et al, all have access to your complete criminal history with only a few clicks of the mouse. Criminal cases can leave a permanent scar. You can spend a lifetime explaining that misdemeanor pot charge you got in your 20’s. Ergo, it’s important the before you plead guilty and accept that “great” plea offer, you understand the long term effects on your criminal history.

Unfortunately, the idea that a deferred case can be expunged is probably the most common erroneous legal advice given. (Disclaimer- class c/traffic tickets can be expunged after deferred). Many defendants plead guilty thinking, again erroneously, that since a deferred case is dismissed upon a succsefful completion of probation, and leaves no conviction, they should be entitled to an expunction.

Dallas County is seeking to end the confusion with a new written admonishment, which lays out the expunction/non disclsoure ramifications of a deferred plea. I OCR’ed the text so you don’t to read the PDF.

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.

.

July 11, 2011

Texas Dog Bite Law 101

by Robert Guest

I was attacked by a dog two days ago. Here’s the short version. I was doing my usual walk to the park and back when a giant lab mix (let’s call him Kujo) took two bites out me. I fell and twisted my knee, and went to the ER for treatment.

I got a tetanus shot and some hardcore antibiotics (dog’s mouths are not clean places). I’m awaiting word on whether Kujo had rabies or not (probably not since it was someone’s pet, not a stray). My friendly ER nurse informed me that the rabies vaccination isn’t done through the stomach anymore, but it still hurts like hell and requires multiple doses and follow up treatment.

Of course whenever a dog bites an attorney the first question is “Are you going to sue?” I’ll let my partner, Scott Gray, make that decision. I’m a criminal lawyer, so let’s explore Texas Dog Bite Law from that angle.