Dallas Criminal Defense Lawyer Blog

October 7, 2008

Why The Cherry Pit Matters

The Cherry Pit prosecution has reached a new low. Not content with mere code violations the police have invented an organized crime charge. This new charge carries a possible sentence of 99 years in jail. From DMN

According to the arrest warrant affidavits for Jim Trulock, 59, and Julie M. Norris, 30, the pair runs the Cherry Pit more like a business, with employees, staff meetings and donations that totaled more than $102,000 over 16 months.

The Duncan ville police department’s investigation accuses them of operating a sex club, possessing large amounts of alcohol, promoting prostitution and engaging in organized crime and money laundering.

October 6, 2008

Are Dildos Illegal in Texas (again)?

by Robert Guest

Texas has some stupid laws. Unfortunately Texas also has legislators who lack the courage or wisdom to repeal stupid laws. Instead, Texans must rely on federal courts, or even the Supreme Court to declare our stupid laws unconstitutional.

One such stupid law bans the “promotion” (sale) of dildos.

§ 43.23. OBSCENITY. (a) A person commits an offense if, knowing its content and character, he wholesale promotes or possesses with intent to wholesale promote any obscene material or obscene device.

October 2, 2008

Texas MADD’s Roadblock Fetish

by Robert Guest

Another legislative session brings another request by MADD for DWI roadblocks. The Texas lege has rejected this bad idea for 10 years. Hopes springs eternal for neo prohibitionist zealots. From DMN

“This could be the year,” said Mary Kardell, the executive director of the North Texas branch of Mothers Against Drunk Driving, referring to renewed efforts to legalize sobriety checkpoints… “There is so much outrage right now.”

What is a DWI roadblock?

October 1, 2008

Collin County Defense Attorney Office Raid Hearing- Cancelled

by Robert Guest

UPDATE- The hearing was cancelled and will be pushed into 2009.

Quick recap-

The Collin County DA subpoenaed a defense attorney to testify and produce evidence against his client before the grand jury. The attorney Keith Gore challenged that subpoena with a motion to quash. There was a hearing set on the motion for March 4th of 2008.

September 29, 2008

Statute of Limitations- Texas Law

by Robert Guest

I’m often asked by clients if a case is too old to go to court, or if there case is so old it must be dismissed. This is understandable. Many defendants are arrested and then wait months for their first court date. For example, the Kaufman DA (wisely) tests all drugs at the DPS drug lag before filing a case. There is a dope backlog at the DPS lab in Garland (onward Prohibition!). That means a wait of 3-6 months for drug cases to be filed after arrest.

What these clients are asking is if the Statute of Limitations has run in their case. (There are also speedy trial implications but that’s beyond the scope of this post).

What is the Statute of Limitations?

September 27, 2008

I-45 Speed Trap Follow Up

by Robert Guest

My wife and I drove from Ennis to Dallas today. Again, I was embarrassed by the proliferation of cops manning their radar guns on I-45..

Speed traps are among the lowest forms of law enforcement (TABC would also challenge for that title). I saw cops hiding under bridges, cops hiding on the access road, and cops pulling over fellow drivers (to meet their quota).

I have two problems with this speed trap nonsense. First, the speed limit on I-45 is 60 miles per hour. This is a six lane interstate highway without heavy traffic. The speed limit should be at least 70. After all, motorists want to get through Wilmer as quickly as possible. The 60 mph speed limit has no connection with safety, or with reality (I was going around sixty and being passed by almost every car).

September 26, 2008

Kaufman County District Attorney- Case Statistics

by Robert Guest

Some interesting stats from the Kaufman DA’s office.

Total Pending Cases- Filed from 1/1/2004 – 9/26/2008 6,458

Total Disposed Cases- Filed from 1/1/2004 – 9/26/2008 11,871

September 23, 2008

Frank Crowley Courts Building- Breakfast Review

by Robert Guest

I had court in Dallas this morning. Like many mornings with court I didn’t eat breakfast at home. Luckily, Frank Crowley has a restaurant with breakfast served until 10:30.

As a public service, and to fill space, here is a quick breakfast review.

I ordered 2 eggs with 3 pieces of bacon, and a diet coke. Very low carb. The total was $4.32.

September 22, 2008

Discovery in Texas Criminal Cases- Open vs. Closed File Policy

by Robert Guest

In Texas defendants have very little right to learn about the evidence against them. For example, Texas law does not require the State turn over the police/arrest reports to the defendant. Those facing criminal charges in Texas have less discovery rights than litigants in a car wreck or divorce. If you really wanted to crack down on wrongful convictions, discovery would be the first area to start. Defense attorneys must hope that the State will agree to voluntarily turn over such material.

Open/Closed File Polices

The good news is that most counties I work in have open file policies in which the defense attorney can get a copy of the State’s file. Only one county has a strict closed file policy.

September 18, 2008

Wichita County Sheriff Recording Attorney/Client Conversations?!

by Robert Guest

An attorney with the Wichita County Criminal Defense Lawyers Association has informed me that attorney client conversations are being recorded at the jail. The WCCDLA has pled with Sheriff Tom Callahan to end this practice to no avail.

My first job out of law school was with the Wichita County Public Defender. I remember three things about the Wichita County Jail.

1. It was disgusting.