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.

Plea bargaining is one of the most important aspects of criminal defense practice. Like most vital areas of real world law, it is not taught in law school. All PB experience happens on the job.

One of the aspects of the plea bargain is talking with your ADA about problems with the case. For example, you may point out that the arresting officer isn’t very strong on the stand, or has recently been arrested etc.

Such statements are usually made with a request for a specific disposition; a dismissal or better plea terms. Most ADA’s have more than enough cases set for trial, many don’t want to waste time presenting a problem case to a jury.

I had court in Kaufman this morning. 6 cases set in two courts, one upstairs and one downstairs. First, I went to the upstairs court. I spoke with the ADA, worked out a plea bargain, decided to set two cases for pre trial etc. Things are moving along when two lawyers and my downstairs client inform me that my downstairs case has been called and the judge is waiting.

Not wanting to make the judge unhappy I book it downstairs; talk with another ADA, got appointed to a new case, and worked on passing these cases.

Before I can finish downstairs, the bailiff from upstairs comes to tell me that I still have 2 clients waiting and that I need to go back upstairs. It seems the upstairs judge has another hearing at 10:30 and my clients are holding that up. I quickly fill out two reset sheets, tell my new client to meet me at my office, and go back upstairs to finalize those cases.

There is no shortage of good blawg advise on hiring a criminal attorney. There is a shortage of good information on hiring me. Too fill that void let me offer a quick guide to our consultation.

FREE!

Like most criminal defense lawyers I don’t charge for a consultation. I gladly donate 30 minute (sometimes longer) blocks of time to prospective clients.

Two great stories from DMN. First, the number of executions in Texas decreased from 27 in 2007 to 18 in 2008. What’s the cause of the 30% reduction in government killing? DMN attributes the enormous cost of death cases, a zealous defense bar, new sentencing options, and the decreasing number of murders.

From DMN-

Executions nationwide and in Texas were down in 2008. So were death sentences. The numbers don’t lie – but not everyone agrees on what they say. Defense attorneys think the statistics indicate a waning enthusiasm in the Lone Star State, the death penalty capital of the country, for the ultimate sanction. Also Online Link: Texas Department of Criminal Justice schedule of executions “It has taken a little longer for the transformation to be felt here,” said Rob Owen, co-director of the Capital Punishment Clinic at the University of Texas at Austin. “I think we are seeing the leading edge of that national transformation.” “> Executions nationwide and in Texas were down in 2008. So were death sentences.

Texan of the Year and Dallas DA Craig Watkins came into office on 1/1/07 on a Democratic tidal wave. Beyond the DA’s office longtime GOP criminal court judges have been replaced with Democrats. Much hang wringing among the GOP law and order crowd ensued. What happens when liberal commie criminal loving Democrats take over the criminal justice system?

In Dallas at least, crime went down 10%.

From DMN-

Guitar Hero World Tour was an entertainment force in my house over the holidays. At my Christmas party, on Christmas, whenever friends or family were around the fake plastic GH drums, guitar and mic were in action.

For the cave dwellers amongst my readership, Guitar Hero World Tour (GH) is a music game in which the player spends time destroying colored circles in rhythm with the music. It’s a karaoke/rock band experience that most people are instantly hooked on.

I have a unique perspective in that I can actually play guitar (or at least I could, it’s been a while). In law school I was the guitarist for Lubbock’s greatest law school rock band- 5 Hours From Dallas. Playing GH can be hard for real guitar players. It takes a while to understand the timing.

First, I want to wish my readers a wonderful 2009. Thanks for reading and commenting. My 18 month old blog sits at 130,000 hits. I’ll keep typing as long as you keep reading.

My wife and I celebrated New Year’s at a party in downtown Dallas last night. Like most revelers we booked a room downtown and took cabs to avoid driving. The priceline hotel gods put us in the Hyatt Regency. Unbeknownst to me was the fact that the Ole Miss Rebel football team was also staying there. Finally, I was sporting my red Texas Tech hoody sweatshirt (red hooded sweeeeaaatshirt).

The Cotton Bowl had made TT/UM into forced rivals for the next few days. So much so, that I was viewed with immediate suspicion by the Rebel fans, boosters, players, and cheerleaders. Even the Mississippi highway patrol looked concerned at my presence. I was being collegiality profiled.

I had a DWI bench trial few weeks ago and received a directed verdict of not guilty. I respect the ADA involved so I’ve waited until now to write about it. I don’t want to appear like I’m scoreboarding anyone. It was a unique case that played out very strange at trial.

It offers a lesson for DWI defendants. The information contained in a police report may very greatly from the evidence at trial. Cross examination is still the best way to test the veracity of evidence.

What is a directed verdict?

Celebrate the new year with the DWI Security Theater production of No Refusal. Of course by “no refusal” what is really meant is that the police are going to punish you for not taking their breath test, exercising your right to remain silent and not produce evidence, and exercising your right to not be held down while police goons steal your blood.

“No refusal” sounds better to the public than “forced blood draw program”. PR points for the police. Here the story from Bell County.

“We want everyone in Bell County to have a great New Year’s holiday,” Sheriff Dan Smith said. “Our intent is to protect the public and have an accident and fatality free holiday.”

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