Dallas Criminal Defense Lawyer Blog

June 11, 2010

Joe Barton wants the feds to arrest medical marijuana patients

As a cannabis legalization advocate I often email my pols and ask them to consider supporting various common sense reform measures. One recent email to Joe Barton sought support for a measure to end the federal prosecution of state sanctioned medical marijuana patients. Being as the Republican party is, or was, the party of state’s right, local control, and limited government, I was sure that Joe Barton would gladly support this common sense measure. Or maybe not.

Here’s Mr. Barton in his own words.

Dear Mr. Guest:

June 10, 2010

Lessons from the Pot Smuggling Police Chief

by Robert Guest

Everyone is presumed innocent even cops accused of smuggling weed. But ask yourself this, where do drug dealers get the money to bribe law enforcement? Why would a cop risk his career and freedom to help them? The answer- pot prohibition profit$.

I’m amazed at how many Texans believe the negative externalities of prohibition (corruption, inter alia) are somehow caused by the drugs, or the people selling them.

When we choose to make pot illegal, we choose the corruption of our police officers. Think about it. Drug cartels have a billion dollar monopoly on the Texas cannabis market. What’s easier than thinking up schemes to avoid getting caught and sending mules out who could get caught and lose their precious cargo?

June 4, 2010

Plano Police Make Meaningless Celebrity Pot Bust

by Robert Guest

Apparently Plano PD didn’t get the memo that 69% of Texans want some form of legalized marijuana. Otherwise, they wouldn’t waste their time with meaningless “look I found a joint!” busts.

The latest victim of our inane cannabis war is Chace Crawford. Allegedly, Chace is some sort of TV star (Gossip Girl?) who was hanging out in Plano at Ringo’s Pub when the fuzz found an “unlit joint”. I feel safer.

Remember opportunity costs? Violent crime in Plano is up over 50% from 2009. IWhat do you want Plano PD working on? Keeping Ringo’s Pub free of unlit joints? Or solving and preventing real crime (the kind with victims)?

May 27, 2010

Don’t consent to searches. Not guilty edition

by Robert Guest

I got a not guilty today on a marijuana bench trial. In large part this was due to the work of the citizen accused who did not waive his rights on the side of the road.

Remember, if the police ask you about anything illegal; drugs, guns, drinking and driving, murder, steroids, illegal poker rooms- ask for a lawyer.

If the police ask you to search your car- always say no and ask for a lawyer.

May 25, 2010

Terrell Texas Marijuana Grow Bust- Point/Counterpoint

by Robert Guest

I’ll be the first to admit that news site comments are not the highest form of debate. However, they can be a useful gauge of how some members of the public feel on an issue. So how do the conservative readers of the TT feel about cannabis prohibition?

Here is a recent news story from Terrell, Texas courtesy of the Terrell Tribune.

Marijuana growing operation discovered off Lawson Road

May 23, 2010

Faulty Eyewitness ID = Wrongful Conviction

by Robert Guest

DMN has a piece on Dallas County’s DNA exoneration team. The goal now is move to non DNA cases where, undoubtedly, dozens if not hundreds of innocent defendants have been convicted over the years.

DNA cases are the low hanging fruit of wrongful convictions. Why are so many people wrongfully convicted? One reason is that eyewitnesses can be pretty lousy when it comes to identifying a suspect in court. Here’s a quote from DMN

Ware, prosecutor Cynthia R. Garza, investigator James Hammond and paralegal Jena Parker – the four members of the conviction integrity unit – say they are using the lessons learned from the certainty of the wrongful convictions in the DNA cases to guide them.

May 6, 2010

Kaufman District Attorney Job Opening

by Robert Guest

From TDCAA.com-

ADA needed for felony court in Kaufman County. Must have 1-2 years of felony experience as a prosecutor at a district attorney’s office. Duties will include intake, grand jury, handling of felony docket, and trial of felony cases. Great work environment with plenty of support from staff and fellow prosecutors. Two prosecutors assigned to each of the two District courts. Coat and tie only required for docket and trials. Salary is $73,954. Contact Michelle Stambaugh at (972) 932-0262 or send resume to michelles ( a t ) kaufmancounty ( d o t ) net or fax (972) 932-0357.

True that. The Kaufman county DA’s office is a great place to work. Nice people, good judges, manageable caseloads and you get to work out cases with me. What more could you want? The only downside is the lunch options are pretty limited and it’s far from Dallas.

April 27, 2010

Warrior Dash

by Robert Guest

Glorious news!! All real crime in Kaufman County has been solved. Local law enforcement is so bored that they now have time to arrest people for meaningless victimless make believe crimes like “promoting an event without a permit.” That is the only conclusion I can rationally infer from the Warrior Dash controversy brewing in Kaufman County.

What is Warrior Dash?

Adults dress up like Vikings, race 4 miles through mud and obstacles, and at the end they get a free beer and a viking helmet. Of course anything involving adults having fun and drinking beer is going to draw the ire of joykilling freedom hating nanny staters. From DMN

April 25, 2010

$tate $enator $uggests $tupid $tatute

by Robert Guest

As a Libertarian/criminal defense lawyer I am often torn between my financial self interests and my political beliefs. The reality of criminal defense practice is that the more authoritarian unjust and idiotic our state’s criminal justice system is, the more we defense lawyers make. We are pump jacks over a sea of tyrannical crude, black gold, Texas tea.

Whenever a pol proposes a new “tuff” on crime law, my immediate reaction is to cringe at the inanity and mourn the potential loss of the few scraps of freedom and liberty that remain. Last week, State Senator Jane (R- Flower Mound) announced she was drafting legislation requiring a lifetime driver’s license suspension for anyone convicted of DWI 2nd.

What is wrong with this idea? First, a lifetime ban driving for DWI 2nd convicts assumes that people can’t change. A lot of Texans get a DWI or 2 and go on to live productive lives as adults.

April 25, 2010

Kaufman County DWI Guide

by Robert Guest

This is a guide for defendants facing a Driving While Intoxicated charge in Kaufman County, Texas.

1. The Stop

The typical scenario for a DWI arrest in Kaufman is a stop by local police after midnight for an innocous traffic violation (speeding, no license plate light, failure to maintain a single lane). These are mostly “pre text” stops. That is, the police don’t really care about the speeding or turn signal. They really are hoping to arrest you for DWI. Since most local police officers are not qualified to perform field sobriety tests, a DPS trooper is usually called to the scene to assist. The usually battery of field sobriety tests are requested (HGN, One Leg Stand, Walk and Turn). Then you are off to the police station to meet the intoxilyzer. Bail will be set the next morning, usually between $1500 and $3000 for a DWI 1st. The police steal your driver’s license and you leave the jail with two yellow sheets of paper. Now what?