Dallas Criminal Defense Lawyer Blog

December 11, 2008

I Was The State, Does That Help Me Defend You?

Most readers are aware that I had an earlier career as a prosecutor. My first blog, I Was The State, was named after this experience. To summarize- I spent two years prosecuting misdemeanor cases in two Texas counties (Bowie and Kaufman).

Did prosecuting cases make me a better defense lawyer?

I used to believe that my time spent as an ADA was valuable for my defense clients. Defending People’s (by Houston Criminal Defense Lawyer Mark Bennett) frequent criticism of ex-prosecutor advertising and experience led me to question my assumption. Mark has several good posts on the subject.

December 9, 2008

Tuesday Quick Hits- Spam on my blog, Crocs in the courtroom!

by Robert Guest

SEO Spammers vs. Legit Blawgers- Round 1

The seo spam comment machines have targeted my blog. I’ve had at least one spam comment per day for the last week. At first, I was naive enough to think that my out of state lawyer audience had vastly increased. After all, I was getting comments from Maryland and California attorneys. A little investigation (and the fact that most attorneys don’t write like 3rd graders) led to my conclusion this is all SEO spam.

If misleading advertising is wrong, why are lawyers signing up with companies that have a business model (SEO) built on deception and manipulation? I believe the heart of the problem is that most attorneys don’t understand the internet, or how SEO companies operate. Most attorneys just want to pay more to get more clients- just like the phone book model. The great thing about blogging is that content is rewarded. Even a low budget blogger site can generate thousands of readers. For example, the best criminal justice blog, Grits For Breakfast, is a free blogger product. Grit’s author Scott Henson didn’t hire a team of pro spammers to get readers, he wrote great copy,

December 6, 2008

KopBusters- Barry Cooper goes undercover to expose Odessa Police

by Robert Guest

Via the Agitator via nevergetbusted.com.

Regardless of how you view the drug war, we should all applaud efforts to rid the criminal justice system of corrupt law enforcement. That’s what makes this story so significant. Until now the libertarian/anti drug war movement has been reactionary; waiting for news to happen and responding. Now those who value freedom have the tools to set up traps for the police. This should make great reality television.

From nevergetbusted.com-

December 4, 2008

DCDLA Christmas, Prohibition Day and State Jail Felonies

by Robert Guest

DCDLA Christmas Party

The Dallas Criminal Defense Lawyers Association Xmas party was tonight at Pappadeux on Oak Lawn. My only complaint was that there were only two food options; fried and dessert. I pitched my open records project to more people than probably wanted to hear about it. One more time- If you are a defense lawyer with a collection of useful open records let me know. I’m working on a database of open records for TCDLA.

Happy Prohibition Day!

December 4, 2008

Winning the ALR hearing isn’t always good

by Robert Guest

I’m on an ALR win streak. My last three hearings have resulted in a victory for my client. (ALR hearings are when the state moves to suspend your license for a DWI arrest).

I know these clients appreciated not having their license suspended. However, two of the victories were dismissals because the arresting officer failed to appear. That is still a victory, but only in the short term. (The other was because the State couldn’t prove my client refused to provide a specimen). When the officer fails to appear my client gets a short term benefit (no DL suspensions) but still faces long term problems (the criminal DWI charge).

I tell my clients that it can be better to lose the ALR hearing if I get to cross examine the arresting officer. Many of the best results I have got in a DWI case (dismissals, obstructions etc) resulted directly from ALR testimony. The DWI offense report contains one set of facts. An officer’s memory can, and often is, completely different.

December 3, 2008

Dallas Red Light Cameras Struck Down- What’s the law?

by Robert Guest

Dallas’ red light camera program was struck down yesterday. A judge ruled the city’s shameless money grab violates Texas law. I have been following the proliferation of red light cameras in Texas. It’s a greedy government pig covered with some public safety lipstick.

Why did the judge rule these cameras were illegal? To the occupations code we go!

§ 1702.104. INVESTIGATIONS COMPANY. (a) A person acts

December 3, 2008

Dallas Police Hire Wall-E

by Robert Guest

Photographed outside the State Office of Administrative Hearings in Dallas (where DWI ALR hearings are held). EVE was not nearby. I often worry about the militarization of our police forces. I’m glad to see DPD going the complete opposite direction with the Lt. Jim Dangle inspired police segway.

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December 1, 2008

When there is no video- DWI

by Robert Guest

Many potential clients assume that if there no video tape of a DWI arrest, it helps their case. They believe that the absence of such evidence will make it harder for the State to convict them. Some also believe the State will, or must, dismiss the case for lack of video evidence.

This is a logical assumption. The State bears the burden of proving the defendant is guilty beyond a reasonable doubt. It doesn’t seem unreasonable that when the State loses critical evidence they should have to dismiss the case (unfortunately, the appellate courts require an impossible showing of “bad faith”). In my experience, the absence of a DWI videotape always hurts the defense more than the State.

First, the absence of a video tape leaves out the only unbiased observation of events. Defendants don’t take notes during their arrest (most wouldn’t know what to write anyway). That means the only record of events is the police report.

December 1, 2008

Amarillo Court of Appeals- Case of the Day

by Robert Guest

I check the fresh opinions from the Dallas Court of Appeals almost daily. TCDLA helps me stay on top of opinions from across the State. Today, a TCDLA member shared an interesting DWI case with the defense bar.

Kurt Wells vs. The State of Texas– This opinion was handed down on 11/25 from the Amarillo court of appeals.

Facts -Kurt was convicted of DWI. Kurt performed the Horizontal Gaze Nystagmus test. (Personally, I would never take the HGN test, because, inter alia, the results are not confirmed on the in dash video tape.) At trial the State offered a statement from the American Optometrist Association declaring that HGN testing was valid and useful in DWI cases.

November 30, 2008

To phonebook advertise, or to not phonebook advertise?

by Robert Guest

Every fall brings about an influx of phone book representatives. They ascend upon law offices searching for easy ad revenue. For most attorneys it is a non decision- they are bound by fear and tradition to keep advertising in the phone book.

The phone book rep will always tell you that your neighbor just bought a bigger ad with better fonts and colors. This begets an advertising arms race. It reminds me of the same herd/fear mentality that caused the purchase of so many study aids in law school. Among 1Ls there was a near universal purchase of all the “right” study aids. If your peers bought the Torts flash cards and you didn’t, you were at a perceived disadvantage. Many of these study tools went unused and later are sold at a discount to the incoming 1Ls. The same mentality makes the attorney phone ad game alive.. After all, lawyers are simply older 1Ls.

When I began my practice conventional wisdom held that the phone book was the best way to reach new clients. I disagree and this year I am not renewing my phone book ads.