Dallas Criminal Defense Lawyer Blog

October 20, 2009

Hope and Change- It’s a start

Wow. It only took nine months but Barack Obama actually moved to limit federal power and increase State’s rights. When Texas finally passes our MM laws (I’m guessing around 2109 after the other 49 states legalize), then our fellow Texans MM patients will not have to live in fear of federal, or state prosecution.

The most bizarre response to this common sense move is from Bryan Fischer at GOP.com.. Mr. Fischer argues that it’s unconstitutional for the President NOT to order prosecution MM patients who comply with State law?

October 7, 2009

CCA continues assault on right to counsel- Hughen vs. State

by Robert Guest

Remember the right to counsel? In simpler times if you were in custody and asked for an attorney, the police had to wait for counsel to arrive before beggining their good cop/bad cop routine. Such antiquated rights like the 6th Amendment and Article 1 Section of the Texas Constitution are are being replaced with exciting new rights; like the right to be executed for an arson you didn’t commit based on junk science.

Today’s Court of Criminal Appeals Case of the day is…. Hughen v. State-

Facts– Hughen was arrested and charged with agg assault and attempted murder. Hughen was taken before a magistrate. During this time Hughen asked for a lawyer.

October 5, 2009

Steve Fischer- 2010 Texas Bar President Q&A

by Robert Guest

I got an email this week that caught my attention. Steve Fischer is seeking 5000 signatures to be placed on the ballot for Texas Bar President. Bar elections are something I usually ignore. I check the candidates at the last minute, see if I know anyone, or if someone is local, and as a final tie breaker if someone went to Texas Tech law school.

In my experience most candidates are UT/SMU Big Law types. Steve’s email indicated that he wanted to be the voice of the small firm/solo practicioner. Steve kindly agreed to an interview on issues I find important. Steve has earned my signature and I hope you will support his efforts.

If you want to support Steven and/or sign the petition (you have to a licensed Texas attorney) email Steve at Fish2026(AT)aol(DOT)com

September 29, 2009

Evil NAFTA- Let’s import pot prisoners

by Robert Guest

You know what America needs, more people in jail on federal drug charges. Why limit the tyranny of cannabis prohibition to Americans? Let’s spread Nixon’s WOD all over the continent and import Canadians for incarceration! Hope and Change!

Our latest political prisoner in the war on weed is Marc Emery. Marc is a marijuana activist/cannabis seed distributor in Canada. Marc sells marijuana seeds and the Canadian government happily taxes the profits. Marc is the founder of the British Columbia Marijuana Party and a leader in the movement towards cannabis sanity in the Great White North. Marc was recently arrested in Canada, and is awating deportation to America to face a 5 year sentence on federal drug charges.

Marc is being prosecuted for sending cannabis seeds through the US mail. A google search will show you that there are a few dozen operations offering a similar service. Consensual crime enforcement is nothing if not arbitrary and capricious. When millions are breaking the law the government can pick and choose whom to prosecute. While Marc was arrested for conspiracy to distribute his real crime was being an advocate for cannabis reform. Nothing pisses of the DEA mutawas like political dissent.

September 28, 2009

Welcome to Kaufman County

by Robert Guest

The longer the recession goes on the more unfamiliar lawyers I see on Kaufman criminal cases. Here are a few quick tips for the noobs.

1. Your client always has to appear, with one exception (first setting in CC2). Kaufman isn’t Dallas and a lawyer appearing sans client is not the norm.

In extreme/emergency situations you can it’s possible to reset a case without a client present (think ER). However, you will want to call the court before the day of the hearing and bring some documentation of your client’s situation.

September 26, 2009

Answer: Go hire experienced local counsel

by Robert Guest

I take a few minutes each week to answer questions on AVVO. AVVO is an attorney review website that also allows the public to post questions for lawyers to answer. Back in pre AVVO days I had a regular feature alled “You search I answer” in which I would answer questions posed in Google searches. I have to admit AVVO is much more efficient, cutting out the Google middleman.

I can appreciate the public’s desire for free answers to their criminal defense questions. Unfortunately, many criminal defense problems can’t be solved within the limitations of AVVO. Ergo, one of my most common responses is “You need to hire experienced local counsel immediately”.

Here are some common questions that I answer, without really answering-

September 26, 2009

I want to take PI cases to trial but….

by Robert Guest

The power of Google has made my site prominent to victims of Public Intoxication citations. Despite Google’s kind introduction very few of these defendants become clients.

My preference is to set ticket cases for trial and force the State to meet their burden. Unfortunately a ticket trial setting is an expensive endeavor. More expensive than simply requesting deferred and paying the ticket, or hiring the $65 ticket lawyer for a quick plea. I want treat these cases like a “real” criminal case- investigate the facts, pick a jury, cross examine the cop etc. I can’t do those things for less than the cost of deferred probation (usually $200-$300).

Most defendants would rather take the sure dismissal with deferred than pay more to risk conviction at trial. I can’t blame them. Ticket court is set up to maximize revenue, not achieve justice. Even though the vast majority of PI defendants are arrested and thrown in the drunk tank they have no right to court appointed counsel. It’s another way we incarcerate without representation in Texas.

September 22, 2009

The War on Pain Patients

by Robert Guest

Pain patients (and providers) are yet another sacrifice to the angry jealous god of Prohibition. Reason.TV hits a home run detailing the ongoing tragedy of those with chronic pain. In order to “sent the right message” to kids we sentence millions of Americans to a lifetime of under treated, or untreated pain.

September 15, 2009

Streaks and Stats

by Robert Guest

I was talking to a friend at the Kaufman courthouse who noted that I’ve won my last 3 DWI trials (2 bench/1 jury). Neither one of us could remember any attorney who had ever won 3 Kaufman county DWI trials in a row. I’m always proud to achieve my client’s goals in criminal litigation (acquittal). However, my practice is geared toward clients, not stats.

I know that some attorneys prominently advertise their trial win percentage. The idea being that if Lawyer X wins 80% of their DWI trials then this lawyer has an 80% chance of beating your DWI. I applaud any attorney who can get a not guilty verdict from a jury. Too many defense lawyers strive to avoid trial at all costs.

In my experience lawyers who advertise a win % generally exercise great control over (cherry pick) which cases they will take to trial. Not me. The choice of whether or not to have a trial is always up to my client. If I was concerned with my W/L record I would accept only no breath test/good SFST DWI cases. I have chosen to go a different route. If I refuse to take a case it’s not because the facts are bad.

September 11, 2009

Will going to rehab make me look guilty?

by Robert Guest

I’ve seen a lot of drug cases and represented scores of drug defendants. The legal issues are generally the same- search and seizure, affirmative links, etc. What is always different is the defendant. Drug defendants can be broken down into three categories- addicts, users, and the innocent.

By far, addicts are the most difficult group to represent. Addicts can and do miss court dates (not to mention payments), pick up new cases, dress inappropriately (eg pajamas in court) and lack the mental stamina required for criminal litigation.

By definition addicts are short term thinkers. They see coming to court and worrying about their case as a problem with an easy solution- plead guilty and get probation.