Dallas Criminal Defense Lawyer Blog

March 4, 2009

Hypocrisy

CLEAT is the Combined Law Enforcement Association of Texas, the cop lobby. CLEAT ‘s website lists their legislative agenda, identifying bills they support and oppose. It’s no surprise that CLEAT supports longer sentences, less freedom, and/or more tax dollars for policing; all of which fall under the umbrella of “law enforcement.” One would surmise that CLEAT would support any bill that results in more law enforcement.

When does CLEAT oppose more law enforcement? When the suspects are cops. They like their blue wall of silence just the way it is. From CLEAT’s site

March 3, 2009

Why We Don’t Fight Red Light Camera Tickets

by Robert Guest

I hate red light cameras. These automated taxing agents are the wretched offspring of nanny state fascism and government greed. Google has placed my site near the top for red light camera searches. Many of you come here looking for help. I share your disgust for red lights cameras. However, I do not take red light tickets. I want to help, but the numbers don’t make sense (for you or me).

This is not an accident. The government designed the system to induce massive give up among defendants. If the government was going to steal a million dollars from one person, you can bet that person would fight the case. It’s much easier for the government to steal $1 from a million drivers.

Most red light ticket are between $50-$150. To fight a red light ticket case you have to waste at least one whole day at court in front of a unaccountable administrative judge whose primary duty is to raise money for the city. This judge is going to find you guilty even if you hire OJ’s defense team. After your hearing (no jury trials allowed) you may have some limited right of appeal, but that takes more time and another court appearance. Can you afford to miss a day of work to save $100? How about two days?

February 28, 2009

On Court Appointments and Recession

by Robert Guest

This economy sucks for everyone, defense lawyers included. I’m not expecting much public sympathy for our industry. We don’t have enough political clout for a bailout. Would I trade my libertarian idealism for some free Obama “stimulus” money? Don’t ask.

Criminal defense is a somewhat recession proof industry. When the economy retracts, the police continue policing, and criminals keep criminaling (I’m going to copyright that verb). Even as GDP goes down, arrests and prosecution continue on their perpetual upward trend (Onward Prohibition!)

The lawyers I talk to are hurting. Current clients aren’t paying on time, potential clients can’t pay at all. Let me dust of my economist hat and look into this market.

February 27, 2009

Can I Get Off Probation Early?

by Robert Guest

Thanks to the War on Drugs, a “tough on crime” lege, and pro conviction appellate courts Texas now has over 400,000 probationers, 25% more per capita than the average state. These probationers all have one thing in common- they don’t want to be on probation. Luckily, probationers in Texas can petition the court for early termination of community supervision.

What cases are eligible for early termination?

All offenses are eligible except Penal Code Sections 49.04-49.08, Sex Offender offenses, and 3g offeneses.

February 25, 2009

SCOTUS case of the day-Alito Sings Imagine

by Robert Guest

It’s only a matter of time until every public space in Texas has a O Cristo Redentor. Such is the holding of our SCOTUS case of the day Pleasant Grove City vs. Summum. This case has absolutely nothing to do with criminal law. That being said….

Facts- Pleasant Grove City has a public park. A private group donated a Ten Commandments monument to PGC. PGC displays the monument at the park. (I can only assume idol worship and donkey coveting are major problems in PGC).

Summum is a religious organization that wanted a monument dedicated to the “the Seven Aphorisms of SUMMUM” displayed in the same park. PGC says no way. Summum sues because the city is discriminating against their message.

February 23, 2009

Cops Say The Darndest Things

by Robert Guest

Story time. Two weeks ago I went on a day trip to the wonderful Fossil Rim Wildlife park in Glen Rose. FR offers a family friendly safari. Like going to Africa without the shots or airfare.

Drivers trek through the Texas hill country tossing food pellets to zebras, giraffes, deer, and sinister ostriches. A giraffes sticking his head in your car should be on everyone’s bucket list. I highly recommending FR for anyone who loves nature, and loves sitting in a car while enjoying nature (check, and check).

What should have been a pleasant day trip was interrupted by the Keene, Texas police department. I have never been to Keene, Texas but I speak with certainty when I say that this is a town full of ne’erdowells. Who else would set up a speed trap to steal money from unsuspecting drivers?

February 20, 2009

Medical Marijuana (HB 164) Needs Your Support- Call your Rep!

by Robert Guest

The medical marijuana bill is making it’s way through the Texas house. HB 164 needs your help to survive.

Medical marijuana is inevitable. The only question remaining is when a MM bill will pass? You may think it is too soon, and that this isn’t the right group of politicians.

I disagree, above all, politicians want to be reelected. Make it your duty to let them know where you stand. Call, email, fax, or write your rep and tell them to support HB 164. Even if Rick Perry vetoes this bill the further HR 164 gets, the easier it will be to pass in the future.

February 20, 2009

Texans Don’t Need A Smoking Ban

by Robert Guest

The Dallas Morning News’ editorial board wants you to quit smoking. Rather than just persuade or educate the public about smoking dangers, DMN wants to use the blunt power of government to force smokers into hiding. Even worse, they want to subject every city and community to the same rules. If they should exist, smoking bans should be local. What works in El Paso may not work in Highland Park etc.

I don’t smoke. I don’t want to smell like smoke. I don’t want you to smoke next to me. I still don’t support a smoking ban. This isn’t even morality policing, we are legislating taste.

Let’s examine the inanity. From DMN-

February 18, 2009

Kaufman Bar Meeting – Ted Lyons on Trials

by Robert Guest

The first Kaufman bar meeting of 2009 was today. Bar president Tracy Booker and Secretary Keenya Greeling did great work planning the vent. Turnout was higher than usual with around two dozen lawyers crammed into the law library.

One of the goals for the Kaufman Bar is to have CLE at every meeting. If you are a CLE speaker and will drive to Kaufman (county east of Dallas) let me know.

Today’s speaker was Ted Lyons. Ted is a civil trial attorney with a history of huge verdicts. Mr. Lyons offered his insight into successful trial litigation. Here is a breakdown.

February 16, 2009

Sharon Keller impeachment bill filed- HR 480

by Robert Guest

Court of Criminal Appeals judge Sharon Keller has been described as “Texas’ Judge Dread”. A self described “pro prosecutor” judge who not only shown a reckless disregard for innocence claims, but infamously closed the courthouse denying a death penalty appeal for Michael Richards.

From the Star Telegram-

Fort Worth State Rep. Lon Burnam filed a resolution this afternoon calling for the impeachment of Texas Court of Criminal Appeals Presiding Judge Sharon Keller.