Dallas Criminal Defense Lawyer Blog

August 6, 2009

What I tell marijuana defendants

Every cannabis defendant I meet gets a few self defense tips at our consultation. Until we legalize cannabis cops are going to arrest for it. Regardless of the life altering consequences, or if the defendant is a good person, or if you “help” the police by being honest the full weight of the criminal justice system will be brought to bear on otherwise law abiding Texans.

The punishment for simple possession in Texas is up to 180 days in jail and a $2,000 fine. While most are sentenced to probation that isn’t good enough for me. No one should be arrested or put through the probation gulag for possessing a plant. Until things change, cannabis consumers owe it to themselves to exercise caution to avoid LEO’s wrath.

Once you have a possession arrest on your record things only get worse. Now, every time LEO pulls you over and runs your license he will think you are riding dirty. Cannabis consumers of America, be ever vigilante. Don’t count on your cop being “cool” and letting you go. Instead, be proactive and protect yourself from our state’s stupid pot laws.

August 1, 2009

Andrew Jordan to run for Kaufman County District Attorney

by Robert Guest

Kaufman county chief public defender Andrew Jordan is going to run for Kaufman District Attorney. My source? Andrew told me Friday. The GOP primary/de facto election is in March. Candidates have until January to file.

Mr. Jordan and Kaufman DA Rick Harrison met Friday to discuss the election. I was told that Andrew and Rick are both hoping for a clean campaign. I’m not sure how much the candidates can control the tone of the upcoming race. Reading the comments on other sites leads me to believe that ship may have sailed.

I have purposely not written about Mr. Harrison’s DWI arrest because of the vitriol. I don’t want to be a platform for sewer gossip. However, it’s important to cover the Kaufman DA election so I’m not going to avoid the topic.

July 22, 2009

Blank Pages

by Robert Guest

I haven’t felt like blogging lately. I’ve been working on an upcoming DWI trial, and not working by spending time with my wife. As much as I hate the heat, I enjoy the late evenings in the summer. I walk the dogs, swim at our friend’s pool, and spend time in the yard pulling weeds. I’m working on that work life balance, and blogging has left the life part of the scale.

One of the problems of the SEO/GET ME CLIENTS NOW!/sell out blog is that it feels like I’m working. I feel like I’m writing press releases, not blog material.

Justia did what I paid them to. They increased my SEOness and told me how to write for maximum google love (hint use geography words in the title of each post). Justia is not the problem, they are a good company, responsive and honest.

July 15, 2009

Kaufman Bar Meeting- The Texas Supreme Court is to Big Business what the Court of Criminal Appeals is to Prosecutors.

by Robert Guest

Today was the monthly Kaufman County Bar meeting. We had an excellent civil law roundup by Crandall, Texas Attorney Keena Greyling. I’m very limited in my civil practice and I don’t follow all the latest developments in insurance law etc. That being said, it’s easy to predict the trends in Texas civil cases.

Anyone can predict 90% of the decisions that the Texas Supreme Court will make by answering this question- What verdict will help big business? (For the Court of Criminal Appeals just ask- what verdict saves the conviction?)

I remember this trend from my consumer law class at Tech. The neutering of the DTPA (consumer protection act) was in direct correlation to a big business/GOP takeover of the Supreme Court. Funny how that happens.

July 13, 2009

How To Open A Solo Practice In 4 Easy Steps

by Robert Guest

Prosecutors and big firm lawyers have often asked how I started a successful solo practice. This is understandable. When a lawyer gets out of law school she has two things; a law license and a ton of debt. The first rung on the hierarchy of lawyer needs is a job that pays money. After that, meaning, autonomy, lifestyle, more money, etc become important.

Lawyers quickly become frustrated with the limitations offered by their current position and seek greener pastures. Prosecutors get tired of politics, “victims”, massive case loads, and stagnant wages. Big firm associates get tired of the legal fiefdom.

My motivation- necessity.The Kaufman DA realized that it was wrong to deprive criminal defendants of my services and quickly corrected the injustice.

July 9, 2009

On Kaufman Jurors

by Robert Guest

Kaufman is unique among Dallas bordering counties. Ellis and Rockwall have similar population numbers but Kaufman demographics are more rural. For example, Ennis (where I live in Ellis County) is larger than any city in Kaufman county. Kaufman is a spread out mix of ranchers, farmers, and smaller communities along with the commuter/family friendly cities of Crandall and Forney. It makes for a unique mix of jurors. It’s always difficult to generalize about an entire county’s jury pool, but that’s what criminal lawyers do.

Locally, Dallas county has the reputation for more defendant friendly/skeptical of government jurors, Collin and Denton are regarded as the more prosecutor oriented jurors. Kaufman is somewhere in between.

Two recent verdicts show Kaufman jurors are open to probation and rehabilitaion, even for reprehesnible offenses. Both cases were open pleas (some call this a slow plea) where the defendant pleads guilty and then both sides present punishment evidence to the jury.

July 1, 2009

Public Intoxication = Police Brutality?

by Robert Guest

I don’t have any inside information on the TABC Rainbow club raid. I did notice that the TABC was checking for public intoxication when they swarmed the gay bar in Fort Worth.

I’ve received a decent number of inquiries from PI defendants who claim to have been abused or unlawfully arrested by law enforcement.

I’ve had enough experience with criminal law to know that not every tale of police misconduct is accurate. I’ve also had enough experience with law enforcement to know that PI can be a great cover for malfeasance.

June 30, 2009

Tuesday Thoughts

by Robert Guest

I’ve discovered there is an inverse relationship between blogging and legal work. I’m grateful to be busy in this economy, but it’s giving me blog fail. What I do have time for is another roundup!!

On Sotomayor-

First, I’ll admit I have not done an exhaustive study of her opinions. I’m only familiar with the cases that have been highlighted by the media/blogosphere. My scant review of her track record indicates she is less of a liberal than a knee jerk statist. She seems to consistently side with the government over the individual. Whether it’s cops (even really bad cops), eminent domain, affirmative actions programs, et al, the winner is the state.

June 25, 2009

Thursday Roundup

by Robert Guest

Justice Thomas thinks it’s ok for the government to search your teenage daughter’s panties for Advil. Fortunately the eight other Supreme Court justices found such a perverse invasion of privacy unreasonable. Is there a less free place in America than a public school?

If there is, it’s the airport. Trey Garrison focuses his wrath on TSA security theater. He’s not taking his god damned shoes off. A must read for anyone who flies, or values freedom.

Another casualty in the war on pot. One problem with prosecuting pot smokers is that they are sent to the county jail. County jails are plagued with danger, disease, and incompetent oversight. The tragic death of Theresas Anthony in Houston is but the latest death sentence for a cannabis defendant. Ms. Anthony was serving a two week sentence for the “crime” of possessing marijuana.

June 22, 2009

How much does marijuana cost in Terrell?

by Robert Guest

I had another two court day; morning in Dallas, and afternoon in Kaufman. I had a few passes and an open plea in Dallas. I saw a few friends at the courthouse one of whom pointed out a MADD courthouse runner.

MADD sends spies to the courthouse to monitor the DWI cases. I’ve never actually seen one until today. He was an earnest looking young man armed with a notebook. I wonder who he reports to and what he is reporting? If I see him again I’ll ask.

On my open plea- I had a DWI case (don’t tell MADD), the state made a plea offer but we chose to plead open to the judge.