Criminal Law - Practice area
Criminal Law

DWI, Drugs, Assault, Probation Revocation, Sexual Offenses, Theft, Juvenile Defense. Felony and Misdemeanor Offenses in State and Federal Court

DUI - Practice area
DWI

Driving While Intoxicated, DWI and Your Drivers License Forney, Texas DWI Defense Lawyer.

Juvenile Law - Practice area
Juvenile Law

Sexual Offenses, Drug Offenses, Assault and Violent Crimes, Theft, Truancy/School Related Criminal Charges.

DMN has the story of a Wylie video store owner who has his customers arrested for late videos. This piece is sure to generate some outrage in the comments section. “You shouldn’t arrest someone for late DVDs!!!” etc. I’m not sure how arresting for late videos is any less repugnant that arresting college kids with joints, but I digress.

From DMN-

Bell went to a Collin County justice of the peace to file paperwork on dozens of his customers who were charged with theft of services.

How can cops interrogate you if they can’t talk to you because you have a lawyer? Even a false confession requires significant psychological pressure. The kind LEO can only exert without your defense lawyer present. Welcome to the new 6th amendment, it’s no longer a right, it’s a privilege (you have to assert!).

Time for the SCOTUS case of the day- Montejo vs. Lousiana.

What happened?

I hate Windows. Every day I boot up that Windows XP logo reminds me how uncool and backwards my computer is. I want to be hip, creative, apple cool.

I feel like a serf on the Windows farm. I can’t leave, I want to leave. But I’m stubborn when it comes to software. Two programs that are essential to my practice are not Apple friendly.

The first is my law firm software, elaw. I love elaw, I can’t live without elaw. Elaw doesn’t support Apple.

Polka Fest 09-

This weekend is the annual Ennis Polka Festival. I’ll be at the KJT (Katolická Jednota Texaská) Saturday night (around 8ish) to see the Czechaholics and Brave Combo.

Come to Ennis and experience this one of a kind polkapalooza. Most of the polka dances can be accomplished with a slight variation of the country two step (quick, quick, slow, or something like that). No problem for most people to pick up. However, I largely rely on my wife to count the steps out loud while we are dancing. If NHTSA ever adopts the two step as a field sobriety test I”ll quit driving because I would fail every time.

It’s that time of year when TXDOT rolls out the Click It or Ticket revenue/harrassment campaign. The ads are typical police state propaganda- The cops are watching you, they are coming to get you, change your behavior or the state will send the police to steal your money!

Texas drivers can thank the federal government when they get pulled over. Local law enforcement gets federal funds to pump out tickets, which fills up the coffers of local governments. It’s a win/win for government at all levels. The only losers are the hard working Texas drivers caught up in this ticket pork scam.

How does TXDOT sell this steaming pile to the public? By telling you how much they care. (At least it’s not “for the children”).

I had a DWI bench trial on Thursday (no verdict yet) that sapped my weekend blogging energy. I don’t usually blog about my pending cases, so lets talk about bench trials in general.

What is a bench trial?

Bench trial, judge trial, TBC (trial before the court), or TBJ (trial before judge) are all the same thing- a trial without a jury. In a bench trial the judge not only decides the law, but also the facts.

Readers of this blog know that I am on a personal mission to inform the public of their 5th Amendment rights. If the police ever ask you about illegal activity of any kind, ask for an attorney. If you are Mirandized ask for a lawyer and shut up.

CLEAT is the Texas cop lobby. They have a disastrous two pronged legislative agenda-increase the presence and power of law enforcement in Texas (more crimes, less freedom, higher penalties) while at the same time sweeping LEO malfeasance under the rug. Great guys, these Cleaters.

CLEAT also provides legal advise to their membership. What does CLEAT tell cops to do if they are under investigation for criminal wrongdoing?

Last Friday I attended the DWI Innocence Project at the Belo Mansion downtown. It was good to see some old friends, and make some new ones. Blood topics were hot this year with more agencies choosing GITMO style forced blood draws over actual DWI investigation.

Side Note- If DWI suspects are so obviously intoxicated, why are blood draws necessary?

Gas Chromotography for Dummies

Kaufman is the county east of Dallas. Kaufman county is served by three major east-west highways; I-20, 175, and I-80. These highways see a steady flow of Dallas commuters, locals driving to Dallas and back for entertainment, Shreveport gamblers, and drug couriers. Basically, money comes from the east to Dallas, drugs flow out of Dallas towards Atlanta.

Kaufman law enforcement officers (LEO) dutifully carry on the futile sysiphean quest of highway drug interdiction. KC LEOs regularly intercept drug couriers and most of the cases shape up the same way. Let’s look at the similarities.

Dirty license plates and out of state plates

Experience should teach us to be most on our guard to protect liberty when the government’s purposes are beneficent… The greatest dangers to liberty lurk in insidious encroachment by men of zeal, well-meaning but without understanding.

Justice Louis Brandeis

The DWI roadblock bill (SB 298) is scheduled for a hearing Wednesday afternoon. We are running out of opportunities to defeat this dangerously misguided legislation. MADD is close to achieving their magnum opus; the suspicionless harassment and detention of innocent Texas motorists.

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