Dallas Criminal Defense Lawyer Blog

May 2, 2009

Better late than Keller

Anyone who reads this blawg regulalry knows that I enjoy taking a current news story and adding some information on the law for the lay public, or some opinion not in the original piece (e.g. pot should be legal, the 4th Amendment matters).

News reaction is not the pinnacle of blawging. Grits, Simple Justice, and Defending People regularly pen original work on broader topics, or create news themselves. That’s blawg gold. Recognizing the limitation of the form let’s move on to the continuing saga of Judge Keller.

Today’s DMN piece on Judge Sharon Keller’s financial statement debacle leaves little for me to add. Instead, I’ll just cut and paste a few sections. This is like mainlining irony.

April 30, 2009

No Arrest For Speeding, Open Container

by Robert Guest

There are only two traffic offenses in Texas for which arrest is not permitted, speeding and open container. I’m not sure what that says about our state. You can drink and speed but if you forget to buckle up or use your turn signal you can be sent to the clink? Such is our post Lago Vista world.

Here is the law-

Sec. 543.004. NOTICE TO APPEAR REQUIRED: CERTAIN OFFENSES.

April 30, 2009

Kaufman County Bench Bar Conference October 9, 2009

by Robert Guest

I’m proud to announce the First Annual Kaufman County Bench Bar Conference will be held October 9, 2009. We are going to have at least 5 hours of CLE with a heavy dose of ethics.

President Booker and I are working out the final details. I am currently soliciting CLE speakers. If you are interested in speaking, either solo or on a panel, shoot me an email. It doesn’t have to be ethics either, just interesting.

April 29, 2009

Texas Speeding Law-

by Robert Guest

I received a speeding citation last week on the notorious I-45 speed trap. Allegedly, I was going 73 in a 60. In my pre blogging days I would call the court and ask for deferred adjudication, pay the tax (fine) and move on.

However, the Google SEO gods demand constant sacrifices of content so I’m considering setting this case for trial and blogging the experience. I haven’t completely committed to that endeavor just yet. The time obligation could be too great, and I may just give up and pay the fine. I also need to check and see if this is a court of record. That way if I have a trial and lose, I can appeal de novo and still get deffered or have another trial.

First, let’s look at the laws regarding speeding in Texas. Most people think it is illegal to simply drive faster than the posted speed limit. While you can always be ticketed for driving over the speed limit, you may not be guilty of speeding. How’s that? To chapter 545 of the Texas Transportation Code-

April 26, 2009

Auto Tune The Drug War Debate

by Robert Guest

Fresh angles are hard to come by in the blogging era. Just when I thought there weren’t any new ways to comment on the legalization debate, this video came out.

Everything does sounds better auto tuned. Wait for the second segment in this video, after gay marriage, before Angry Gorilla.

Brilliant. H/T to The Agitator.

April 23, 2009

Who are marijuana defendants?

by Robert Guest

I have interacted with hundreds of cannabis consumers. First as a public defender, then a prosecutor, and finally as a private defense attorney. Much of the debate over cannabis prohibition is about the plant and the effects of smoking said plant. Let me share my experience with the more important aspect, the people we arrest and prosecute for marihuana possession.

Talking about such a large population of defendants without delving into broad stereotypes is impossible. There is probably a neo nazi terrorist serial killer somewhere who loved marijuana. I’ve never met such a person but probability guarantees at least a few such cases. Instead of individuals let us paint in broad strokes, starting with young adults.

I believe that children are the future, put them on probation and make them pee and pay

April 21, 2009

SCOTUS case of the day- Arizona v. Gant

by Robert Guest

I knew in law school that I was going to be a criminal defense lawyer. My criminal law class was a painful study in how our constitutional rights were sacrificed to help save dope cases. Decades of weakening the 4th and 5th amendment (to the point of absurdity) all in the name of WOD. I wish I had my notes for that class, I remember writing “court oks search because cops find drugs, create new exception” etc.

One such tragedy was the line of “automobile” exceptions. Basically, driving a car meant you gave up your privacy rights so cops could search for drugs.

That is why today’s case, Arizona v. Gant is significant. SCOTUS overturns (or “declines to interpret broadly”) bad precedent and actually limits police searches.

April 16, 2009

Dallas Court of Appeals Case of the Day- Plano PD fakes car burglary to bust pot smokers

by Robert Guest

Did you know the police are allowed to lie to you? It’s true. The police can make up facts out of whole cloth and present them as fact.

What if the police wanted you to open the door to your house so they could peek inside? One would think that cops must obtain a warrant before entering a private residence. Instead, cops can lie about your car being robbed so you open the door for them.

This brings us to our case of the day. Stern vs. State No. 05-08-00553-CR

April 15, 2009

Kaufman Bar Meeting- Tea Party

by Robert Guest

Today was the Kaufman county bar meeting. Our speaker was Kaufman district attorney Rick Harrison. Mr. Harrison discussed the new child advocacy center. The CAC provides a non-law enforcement environment for children to be interviewed.

We also discussed raising bar dues to pay for lunch/CLE. Kaufman bar dues are $50 per year. Pretty low for a county bar association. We may vote on this next time.

Kaufman Tea Party

April 12, 2009

Since you won’t quit smoking pot, at least quit getting caught

by Robert Guest

Good people from all walks of life use marijuana. Good people from all walks of life also get arrested for possession of marijuana. Until we correct the tragic failure of cannabis prohibition pot smokers must exercise self defense and common sense to avoid the wrath of law enforcement.

To that end here is a cartoon from NORML. It’s more common sense than legal advise. Let me add one thing to this cartoon; never tell the police there is pot in your car. If cops ask about drugs, ask for a lawyer. Pot smokers are way too honest and trusting (unlike those who arrest pot smokers).