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.
Specialized courts are all the rage. We have DWI courts, Drug Courts, and more recently a new speicalized court for prostitutes. DMN reports
Dallas court helping put prostitution in the past
06:41 AM CDT on Tuesday, October 28, 2008
I’ve had some recent DWI cases plead to Obstruction of a Highway. In each case my client was charged with a DWI, and the case had problems. The choice was between having a DWI jury trial, or pleading guilty to Obstruction.
What is Obstructing a Highway? Read this earlier post.
I usually, if not always, recommend taking the Obstruction plea rather than go to trial on the DWI.
Texas has repealed most constitutional protections for DWI suspects. Texas also indoctrinates law enforcement and breath test “experts” with blood on the highway DWI propaganda.
The system forces DWI suspects to take the State’s breath/blood/field sobriety tests, and the State’s witnesses are taught that they must arrest more and convict more or people will die. Is anyone surprised when a DWI lab “expert” starts faking test results? After all, who cares about drunk drivers?
Have a loved one stuck in the Kaufman County Jail with bond set too high? Here is some information on the typical bond issues in Kaufman.
First, bail is set once a day in Kaufman, between 8-10AM. If you are unlucky enough to get arrested at noon, you may be stuck until the next morning. Our 4 JP judges rotate setting bail and follow a suggested bail schedule (I will post a copy tomorrow).
Once bail is set you can either post a cash bond (put up all the money yourself) or contact a bail bondsmen. In Texas attorneys can write bonds but it’s not a service I offer. Bail bondsmen in Kaufman charge around 10% of the total bond. For example, if your bond is set at $5,000 you can either put up $5,000 in cash, or hire a bondsmen for around $500.
The Kaufman County Bar Association had a meeting last week, and… I missed it. I was in court in Ellis County. The topic of the day was the formation of a new UNT law school in Dallas. Here is UNT’s proposal.
I am torn on this proposal between self preservation/legal profession concerns and my usual libertarian ideals (let the market sort things out).
Concern #1- Supply and Demand.
I read most of the new criminal opinions from the Dallas Court of Appeals. Many defendants want to appeal not just their trial, but their sentence. A common example is a defendant who goes to the judge for punishment and receives a long jail sentence instead of probation.
The defendant will then claim the sentence is cruel and unusual punishment or that the judge abused her discretion. Ergo, the sentence is unconstitutional and should be changed.
Week after week I see these appeals denied for the same reason. The defendants do not object to the sentence when it is pronounced.
Texas’ Drug Free Zone (DFZ) law is a testament to the failure of Prohibition. If our drug war worked special laws to keep drugs out of certain areas wouldn’t be necessary. But I digress.
So what is a Drug Free Zone?
Basically in, on, or within 1,000 feet of premises owned, rented, or leased by an institution of higher learning, the premises of a public or private youth center, or a playground; or in, on, or within 300 feet of the premises of a public swimming pool or video arcade facility or on a school bus.
Wylie PD sent officers to storm a local body shop. What was the threat to the Wylie Community? A contraband rooster.
Having a rooster is apparently illegal in Wylie. I guess the only to handle such a threat is to send the police in with a warrant. What did the officers find upon entering the body shop? Nothing. The rooster had already been removed.
Sheriff’s deputies early Friday arrested 15 people and seized 300 “eight-liner” gaming machines in what they say is their largest raid ever on illegal gambling sites in Tarrant County.
Readers of this blog know my disdain for victimless crime enforcement. If consenting adults want to place bets there is no reason to send the police in. What exactly was the Tarrant County Sheriff keeping us safe from? Apparently, the threat of winning cash from a slot machine.
Thanks to the TDCAA website for posting this memo from CPS. Recently, CPS was sued by two parents in Fort Bend County for numerous constitutional violations.
The 5th Circuit Court of Appeals held that CPS could be liable to future litigants (under a 1983 claim). Normally, the government grants itself immunity from lawsuits. However, the 5th Circuit held that CPS may not have immunity if they continue to violate the constitutional rights of parents. Rightfully, CPS is scared about the possibility of massive judgments against them. Hence this urgent memo to employees.
From the CPS memo-
On July 28, 2008, a federal appeals court with authority over Texas handed down a decision in a case that will be referred to as “the Gates case.” The decision is binding on Texas and because it involves federal constitutional rights, supersedes anything to the contrary in Texas law, or DFPS policy or practice.
I. INTRODUCTION
The Gates case is significant for two key reasons. First, it sets out a new standard that will require DFPS to obtain a court order prior to removal in a much larger proportion of our cases and affects whether we can transport or enter a home. Second, it is significant because it clarifies that if the standard is not followed, staff could be sued as individuals and lose qualified immunity, i.e., be responsible for monetary damages.
CPS may consider this a “new” standard. I disagree. The Constitution has been around longer than CPS. CPS shouldn’t be surprised that it applies to them.
Consent Searches
Just like the police will ask for consent to search your car, CPS will ask for consent to search your home. This memo reminds CPS that they can not invade private residences without a court order, consent, or emergency.
Parents, read this section and learn these rules. If CPS wants to enter your home it is not to help you. Call an attorney to protect your rights.
I
V. ENTERING AND REMAINING IN A HOME
A. SUMMARY
As with removals, in order to gain entry into a home for the purpose of a CPS investigation, we must have one of the following: 1) exigent circumstances, 2) consent, or 3) a court order, but the Gates ruling provided additional explanation concerning exigent circumstances and consent that will affect our practices.NOTE: even if we do have exigent circumstances to enter a home, it may be more appropriate for safety reasons to call law enforcement to gain entry.
Current Practice: CPS enters a family’s home only if we have exigent circumstances, consent, or a court order. CPS does not always ensure consent is specific to our investigators. A court order in aid of investigation is rarely utilized.
New Practice: As with removals, exigent circumstances are present only where there is immediate danger to a child in the home, i.e. life or limb is in immediate jeopardy. Consent must be clear, unequivocal, voluntary and given specifically to CPS, as opposed to law enforcement. We will likely increase the use of court orders in aid of investigation.
One sentence sticks out. CPS will increase the use of court orders. That is a great idea. Instead of taking children first, and then going to court; CPS should actually investigate, then go to court for a removal. Of course, if this turns into a rubber stamp situation like DWI blood search warrants, then again there will be no justice.
More on the consent guidelines below the fold….
Dallas Criminal Defense Lawyer Blog