Dallas Criminal Defense Lawyer Blog

June 4, 2011

MADD admits new Tuff DWI law won’t work

Defense lawyers are not big fans of MADD, or any pro police state organization for that matter. However, one thing I will say is that their public policy liason, Bill Lewis, is an honest guy. DMN ran a round up of the various DWI bills this session. Most died sine die, however the lege did pass one new Tuff on DWI enchancement that will leave first time DWI offenders open to a greater range of punishement if they have a bac over .15 (yet another reason to NEVER take a breath test).

Won’t longer sentences stop people from drinking and driving? Shouldn’t we all celebrate this life saving measure from the lege? Not so much says MADD. From DMN-

The… act is not a bad bill, Lewis said, “but as for stopping drunk driving, the bill is just not going to do that much.”

April 27, 2011

Kaufman County DWI Court-

by Robert Guest

Facing a DWI charge in Kaufman county? Have a serious drinking problem and/or a history of alcohol related offenses? DWI court may be in your future.

What is the Kaufman County DWI court? This is from a handout I found in CC2. I think the DA’s office made this although I can’t be positive as no authorship is claimed.

“The Kaufman County DWI court is a twelve month minimum program that integrates local criminal justice resources, case management, and alcohol abuse treatment to rehabilitate targeted repeat DWI offenders. There are two aspects of the program, the Court side, and the Treatment side and there are three phases to the court side. As a participant progresses through the phases, the intensity of the program lessens.”

April 26, 2011

Lessons from the Milgram experiment; or why cops want to tase your groin

by Robert Guest

I recently watched the Christohper Hicthens/Tony Blair debate on whether religion is a force for good in the world. To paraphrase Mr. Hitchens; “You can expect good people do good things, and bad people do bad things. To get a good person to do a bad thing you need religion.” The idea being that one can bypass ordinary human decency and morality by stating that an act is divinely warranted.

The parallels with statism, positive law, and the War on Drugs, are evident to a front line observer of the Texas criminal justice system. The state may not claim divine authority, but it does share religion’s ability to get good people to do horrible things.

Which brings me to our appellate case of the day- Hereford vs. State.

April 11, 2011

Last Minute Shopping For A Criminal Defense Lawyer

by Robert Guest

When you show up in court without an attorney it’s not unusual for a judge to set you for trial, especially if you make multiple appearances sans counsel. Judges like to move their docket, and some believe that a trial setting may be what it takes to motivate a defendant to hire a lawyer, or cop a plea with the state.

If you can not afford an attorney, be sure and let the court know early on. Ask for a “Pauper’s Oath” or “Affidavit of Indigency” to apply for court appointed counsel, or the public defender.

The economy sucks, and many of you are underemployed, or unemployed, but you still may not be broke enough to qualify for a public defender. Remember, the government’s broke too, and if the County can find a way to not pay for your attorney, they will. Most defendants prefer a “free world lawyer” to court appointed counsel, but anything is better than representing yourself at trial.

April 11, 2011

KBH on cutting the ONDCP

by Robert Guest

I’ll say this. Kay Bailey Hutchinson will answer your email. Give her enough time, and you’ll get something back. I admire that, even if I don’t always agree with her answer. It’s been a while since I heard from Jim Pitts or Joe Barton. I’m probably in their SPAM folder somewhere.

Recently (as in a few weeks ago) I asked KBH to consider gutting the ONDCP as a possible debt reduction solution. Could a $14 trillion dollar federal debt be enough to make KBH question cutting the few million the feds spend on WOD propaganda?

The GOP is ground zero for the collision of social and fiscal conservatism. On one hand, the budget is in a debt death spiral, on the other, we have to think of THE CHILDREN who would, but for the genius of “this is your brain on drugs” ads, become instant crack addicts!

March 10, 2011

Judicial Clemency for Probationers- Texas Code of Criminal Procedure 42.12(20)

by Robert Guest

Everyone on paper wants the same thing, to be off paper and done with probation. The best way to finish probation is to apply for judicial clemency under 42.12(20). This provision allows the judge to not only terminate your probation early, but to do so in a way that effectively dismisses the underlying charge (with a few exceptions).

What does a DWI defendant possibly have in common with a sex offender? Both are ineligible for early release under this provision.

ec. 20. (a) At any time, after the defendant has

March 5, 2011

Mesquite PD Officer Corrupted By Drug War

by Robert Guest

If drugs were legal, if officers weren’t routinely confronted by thousands, ten of thousands, and hundreds of thousands in black market profits (in cash no less), John McAllister would still be a police officer. Instead, the former head of the Narcotics Unit of Mesquite PD is facing a federal charge for allegedly stealing what he thought was drug dealer cash in an FBI sting. The same Prohibition 2 that gave McAllister a livelihood, also gave him the opportunity to become a criminal himself.

Why did Officer McAllister start pocketing cash from drug busts? The same reason drug dealers go into the business. Assuming as economist do, that we are self interested rational actors, humans make the decision to commit or not commit an offense by weighing the benefits of crime against the probability of apprehension, and the possible punishment if convicted. Factor in other existing opportunities and a person’s moral restraint/self control, and if the numbers work out, a crime is born.

Officer McAllister’s moral compass wasn’t enough to keep him from taxing drug dealers for his own benefit. And why not? The government steals (forfeits) from users and retailers all the time. Officer McAllister just forfeited some cash for his own personal use instead of sending it down the bureaucratic black hole.

February 1, 2011

CCA’s Orwellian phrase of the day – “Related to crime”

by Robert Guest

Terry vs. Ohio gave us the Terry stop, in which cops can investigate a situation that looks an imminent crime, but where no crime has yet occurred. In Terry, an officer saw individual casing an establishment and he approached to see if a burglary was nigh.

Since then, officers have been able to prevent and investigate imminent crimes. All SCOTUS required was the officer articulate facts showing a particular crime was about to committed. With that background let’s go to our most recent appellate disaster,Derishweiler vs. State-

Facts- Derischweiler was in a McDonald’s parking lot. Derischweiler drove by a car occupied by a paranoid couple of modern day hall monitors, the Holdens. Derisch drove by 2 or 3 times, each time smiling and staring at the Holdens for 10-20 seconds. Naturally, the Holdens did what all beta loser couples do, they demanded immediate state intervention and called 911.

January 24, 2011

Dallas District Attorney Email Addresses

by Robert Guest

Need to email your prosecutor?
Dallas DA email addresses.pdf

January 22, 2011

Thank the DEA for Crystal Meth

by Robert Guest

If there is one book every prosecutor, LEO, and judge should have to read it is The Economics of Prohibition by Mark Thornton (available for FREE here). TEOP explains, with a precision and clarity that can only be found in economic theory, the set-your-watch-by-it predictability of Prohibition’s horrible externalities. That is, what terrible things happens every time a government chooses to make popular recreational drugs illegal. (Spoiler alert- cartel violence, black markets, mass incarceration, corruption, inter alia). Today’s dreadful consequence of prohibition is the “potency effect”.

From the brilliant Mark Thornton via mises.org-http://mises.org/daily/4971

Economics provides the best explanation for the surge in popularity of meth despite the disproportionate danger of its use. Increased enforcement of drug laws, backed by increased penalties, led to higher prices and decreased availability of preferred recreational drugs such as marijuana and cocaine. High prices and periodic shortages led drug dealers and consumers to find substitutes — ersatz goods that would produce similar results but at a lower cost.