Dallas Criminal Defense Lawyer Blog

September 11, 2009

Forced Catherterization? Really?

One of my favorite South Park episodes is Clubhouses. Stan decides to build a clubhouse so he can play truth or dare with his girlfriend Wendy. Chaos ensues (Ewok Village 5000, inter alia) but finally, by the end of the episode Stan is expecting to be “dared” to kiss Wendy.

Instead, Wendy dares Stan to “take this twig and jam it up your peehole.” A shockingly typical SP ending.

Now replace Stan with the driving public, and Wendy with a MADD pyscho goon cop and you have the story of Jamie Lockard. From WLWT.com-

September 10, 2009

Back from Vacation

by Robert Guest

Well that was quick. My wife and I (along with another couple) just got back from a 5 day Carnival cruise out of Galveston. I can’t remember my Trip Advisor password so let me offer a quick review.

First, what I didn’t like. Cruises are like day care for adults. You can literally quit thinking for 5 days and let the staff take care of you. Some people might enjoy a strict schedule and constant group activities. My wife and I have ample experience traveling Mexico and missed the freedom to explore on our own.

I would highly recommend a cruise for travelers with kids. One thing I didn’t notice was children running wild over the boat. I learned that this trip had over 300 children on board. The Carnival staff did a marvelous job in loco parentis, kudos.

September 4, 2009

Juror Experiences Needed

by Robert Guest

If you have been a juror for a criminal trial in Texas and would like to share your experience please email me (robertATrobertguestDOTcom) or answer in the comments.

1. What was the offense?

2. What was the verdict/punishment?

August 29, 2009

NORML Legal Seminar- Key West

by Robert Guest

Just booked my trip to the NORML legal seminar in Key West. I’ve been on the NORML legal committee ever since I opened my private practice. I’d like to encourage any lawyer who is ashamed of cannabis prohibition to join the NLC.

Besides the justness of the cause being an NLC member usually pays for itself. Cannabis consumers/producers and medical marijuana patients appreciate an attorney who won’t judge them, and recognizes that these defendants are America’s political prisoners in the War on Drugs. For far less than you would pay an SEO scam company you can join the proud freedom fighters on the NLC.

This years conference is at the Pier House in Key West. I’ve never been to Key West and I look forward to exploring the island. Do you need some CLE hours and a vacation? Meet me in Key West. You do not have to be a NORML member to attend (though you do get a discount on registration).

August 28, 2009

I got a Mac

by Robert Guest

Macbook Pro

I sent the Dell back last month and decided to get my first Mac. I”ve had my Macbook Pro (13inch) for a week now and let me offer a quick review.

This thing is fucking awesome.

August 26, 2009

Even Prosecutors Know The Drug War Is Futile

by Robert Guest

I’m in a jury trial so this will be a short post. But holy shit, this is amazing. A very honest prosecutor had the courage to challenge the War on Drugs on the TDCAA message board. It’s a short thread at this point. But the point is made, even prosecutors know this is a failure. I’m assuming B Leonard can be so honest because he is not running for office anytime soon.

Prohibition is the Wizard of Oz. We need to all pay attention to this opinion from behind the curtain.

Here is BLeonard from Fort Worth

August 21, 2009

Mexico Legalizes Drugs For Personal Use

by Robert Guest

Not content with the recent domination of the US in soccer Mexico is also winning the race to embrace freedom, liberty, and drug war sanity. What caused Mexico to embrace a common sense approach to personal drug use instead of maintaining a US style “tuff-on-crime” approach?

Police corruption played a big part. In Mexico being a drug addict was a defense to possession of small quantities of drugs. Ergo, simple possession cases were rarely prosecuted after arrest. Meanwhile Mexican LEOs made great money shaking down users for cash.

We have a similar system in America. We waste billions prosecuting simple possession cases across our country. The State Jail system in Texas is a monument to this perpetual failure.

August 17, 2009

Hey baby, I’m LEO, can I bum a smoke?

by Robert Guest

As part of my regular open records work I ask for LEO disciplinary records. Today I received a thick envelope with over 60 pages of complaints and source material, including a DVD I haven’t watched yet. This complaint stood out-

On March 7th, 2005 Trooper XXXX was counseled for requesting a cigarette from a female he didn’t know, in a public place while on duty and in uniform. The arrested person later complained that Trooper XXXX was flirting with her, and took the cigarette pack from her without permission, and then arrested her when he discovered it contained a marijuana cigarette.

If the indignity of being hit on and having your smokes stolen by a uniformed officer wasn’t enough this poor lady was arrested for the “crime” of carrying a joint. Marijuana prohibition, empowering LEO creeps for over 70 years.

August 14, 2009

Just Because You Can

by Robert Guest

It shall be the primary duty of all prosecuting attorneys…not to convict, but to see that justice is done.

Texas Code of Criminal Procedure 2.01

2.01 would seem to a pretty clear directive to prosecutors across the state, justice and conviction are two separate and distinct concepts. Whereas, the language of 2.01 deals only with convictions the principle is broader. 2.01 recognizes that not every violation of the law requires state intervention. The power to prosecute, to forbid activity, should be tempered with a spirit of justice.

August 9, 2009

On the I45 Speed Trap

by Robert Guest

Steve Blow published a column on the notorious I 45 speed trap. I was happy to be interviewed to highlight the highway robbery in Ellis County.

I spoke with Steve two weeks ago and reminded him that we met in 1995 at a high school journalism conference. I was a columnist for the Eagle Eye looking to hone my craft. I remember Steve’s advise to this day- write columns like a letter to your friends. On to the speed trap.

I live in Ennis and my caseload is mainly in Dallas and Kaufman. Going to work in Kaufman means a 26 mile trip on state highway 34. The speed limit on this two lane country road reaches 65 mph. The limit is lower when passing through Scurry/Rosser.