DWI, Drugs, Assault, Probation Revocation, Sexual Offenses, Theft, Juvenile Defense. Felony and Misdemeanor Offenses in State and Federal Court
Driving While Intoxicated, DWI and Your Drivers License Forney, Texas DWI Defense Lawyer.
Sexual Offenses, Drug Offenses, Assault and Violent Crimes, Theft, Truancy/School Related Criminal Charges.
More fun with my new copy of the Highway Patrol Operations Manual. I blogged earlier about how to handle a DPS/police request for a consent search during a traffic stop.
Here is what DPS has to say on the subject. This is what they are supposed to be doing during a traffic stop.
02.05.00 VIOLATOR INTERVIEW
Today I received my new 841 page DPS general operations manual on CD. I thought I knew most of DPS’ crime investigation techniques. This section on hypnosis took me by surprise.
25 .05 .00 GENERAL
The use of hypnosis as an investigative tool for law enforcement is
Texas criminal justice system can’t keep up with Austin’s greed
Grits opined on the failure of our criminal justice system as a revenue collection agency. The Texas criminal justice system has billed out but failed to collect $1 billion in fines and fees last year.
As a front line observer of this taxation/extortion scheme let me offer some insight. The criminal justice system in Texas is built on a foundation of government greed and bloated budgets. It’s a cheap political ploy to say that “drunk drivers” should pay more.
From the Dallas Morning News
AUSTIN — All available Texas troopers will be on patrol over the holidays at a time when drinking and driving usually go up.
The Department of Public Safety on Monday said troopers also will concentrate on speeders and seat belt violators.
Hat tip to the TDCAA website for highlighting this recent COCA DWI opinion. In a remarkable decision the Court of Criminal Appeals actually upheld the rights of a DWI defendant. Unbelievable.
Case-Roy Bob Bartlett vs. The State of Texas
Facts- Roy Bob was charged with DWI. Roy Bob refused a breath test. The State wanted the jury charge to include language that refusing a breath test is evidence of guilt. The jury charge addressed the refusal and what the jury could think about said refusal.
Having a law blog guarantees a steady stream of email questions. It has come to my attention that many of you are pursuing a certain career, and worried about the effect of a criminal charge.
Readers will send me information on some old criminal case in which they took a “great” plea offer and were told (erroneously) that a deferred or reduced charge would not appear on their record or prevent them from entering a certain field.
Potential cops, law students, firemen, and teachers, have contacted me with similar concerns. Here are the three most common questions.
I’m only surprised MADD, TxDot, or DPS didn’t think of this first. We already use the fake DWI death/car crash and the fake DWI arrest to scare students. How long until we threaten them with eternal damnation?
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First, a capital murder primer. Capital murder cases are those in which the death penalty is available, but not required. If the State waives the death penalty and a defendant is convicted of capital murder, the sentence is automatic life in prison.
On capital appeals it too often seems that the goal is to save the conviction and find/make law to effect that purpose. That’s why this decision was so remarkable. Roberts vs. State involves a bad person, who did a bad thing, has no friends or connections politically, and no reason to expect sympathy from our highest criminal court. All Roberts had is dedicated defense lawyers, including an assistant Dallas Public Defender who represented him in the Court of Criminal Appeals, Chris Souza. Mr. Souza wrote an excellent brief with a simple request- uphold the law.
Facts- Roberts shot and killed a woman in her apartment. The woman was pregnant with an embryo. The embryo died. The state’s medical witness testified that you could not tell this woman was pregnant by looking at her. The defendant did not know the woman was pregnant. Roberts was convicted of capital murder for the intentional killing of two people.
Deferred adjudication is the cause of a lot of confusion among defendants and attorneys. The main reason- deferred cases (except traffic tickets) can NOT be expunged. That pot case you took deferred probation on 5 years ago…. still on your record. Luckily, there are Texans dedicated to reforming this system and giving deserving defendants a clean record.
Here is an Interview with Rob Sandifer of the Texas Association for Justice and Legal Reform.
(1) Name/Background:
I’m often surprised by the honesty of casual drug users. Too often they will confess their criminal indiscretions to the police. For example, many will consent to a police search of their car or volunteer that a joint is in a purse or glove box.
Why would anyone volunteer incriminating information? While not an exhaustive list, here are two reasons.
1. Fear/Guilt. When a cop pulls over a drug user the adrenaline of the situation leads many to confess to get the confrontation over with. They want the cop to quit their investigation. They hate the confrontation and uncertainty.
Dallas Criminal Defense Lawyer Blog