Dallas Criminal Defense Lawyer Blog

August 22, 2008

Mexico, MADD, and Comics! Friday Round Up

More Death and Violence in Mexico

DMN reports on the escalating drug war in Mexico. Violence is reaching new levels as drug cartels fight for the right to sell drugs to Americans. The headline to the story is promising- As Juárez violence escalates, debate rages on whether Mexico’s drug war is working

However, DMN never actually questions if Mexico should abandon Prohibition. The emphasis is on whether Mexico is doing enough to stop the cartels. With two mass killings in recent days, more than 1,200 people have been killed statewide in drug-related violence this year, according to tallies kept by Mexican media. From DMN, brought to you by the DEA-

August 21, 2008

Deferred Adjudication 101

by Robert Guest

Deferred adjudication is a type of probation that does not result in a final conviction. For example, in Kaufman County many defendants received plea bargain offers of deferred adjudication probation for misdemeanor marijuana cases, usually for a period of 6-12 months.

In order to accept a deferred adjudication the defendant pleads guilty. However, the judge will state that she is “withholding a finding of guilt” even though she has enough evidence (your guilty plea) to find you guilty.

If these defendants successfully complete probation, then they are never convicted of possession. Avoiding a final conviction has many advantages. These defendants would lose their college financial aid eligibility with a drug conviction. However, there are some common misconceptions about the benefits of deferred.

August 20, 2008

On The Drinking Age

by Robert Guest

I’m jumping in late on the 21 drinking age debate. Any law that is nearly universally ignored should be abandoned. That being said, the 21 drinking age law is not without value. It does teach young Americans valuable lessons about the criminal justice system.

Lesson One

Some laws are stupid. Stupid laws can be enforced as vigorously as good laws. This enforcement creates disdain for law enforcement among groups who would otherwise support law enforcement.

August 19, 2008

Happy Labor Day! Dallas No Refusal Blood Draw Weekend

by Robert Guest

Speaking of official oppression, Dallas is planning to celebrate Labor Day by violating your constitutional rights. It’s another “No Refusal” weekend!!

To kick off the festivities Ryan Evans, First Assistant City Manager, sent out this letter regarding DWI no refusal weekends. A reader was kind enough to send me a link to this letter.

The letter begins with a clear misunderstanding of Texas law. From bureaucrat Evans-

“Under the Texas Implied Consent Law a person arrested for DWI is required to provide a breath and/or blood specimen.”

August 18, 2008

What is Official Oppression?

by Robert Guest

A reader wants to know about “official oppression.” Texas does have a law against official oppression. That sounds better than it is. Prosecutions are extremely rare. I’ve never seen one.

What is OO? If the police pull you over and offer to let you go for sexual favors. Or if the game warden illegally keeps you from voting.

It doesn’t have to involve law enforcement, just a “public servant acting under color of his office.” From the penal code.

August 15, 2008

Dallas County Jail Inmate Lookup

by Robert Guest

Need to see if a friend or loved one is in the Dallas County Jail?

Here is the Dallas County Jail Lookup. It’s like Facebook for inmates. You can search by name, bookin number, or criminal case number.

Dallas has one of the worst jails in the country. It constantly fails inspection. If you do search and find a friend or family member in the Dallas jail bail them out before they get a staph infection.

August 14, 2008

Life Sentence for DWI- Fairness Doctrine Edition

by Robert Guest

A recent poll shows that 31% of Americans want the government to regulate blog content via the “Fairness Doctrine”. The FD would force blogs to provide equal time to opposing viewpoints. Let’s see how this would work in practice. Recently, a Wichita Falls man was sentenced to 99 years for DWI. I’ll provide equal time to different viewpoints on the issue.

First up is the DUIblog by Lawrenence Taylor.

So what do you do with someone who has the genetic disease of alcoholism – and continues to drink and drive? Get him treatment for his disease? Or maybe you throw him in prison for the rest of his life.

August 12, 2008

Cops As Robbers- Alph Coleman

by Robert Guest

The local media is in a tizzy over the arrest of Officer Alph Coleman.

Allegedly, Officer Coleman helped coordinate a robbery at a Sam’s Club. Officer Coleman was working security at the Sam’s when it was robbed. There is some pretty compelling evidence against Officer Coleman. From DMN-

Police say the getaway driver was behind the wheel of Officer Coleman’s civilian car. They also obtained cell phone records showing that Officer Coleman called the driver several times just before the gunman entered the store.

August 12, 2008

Coblert Report on Medical Marijuana

by Robert Guest

It’s a busy work week, which makes for slow blogging. Here is Colbert Report gem via the Agitator. H/t to Radley.

Enjoy.

Can anything sum up our idiotic federal marijuana policy better than this 5 minute clip. I’ve seen a lot of media about the War on Drugs, and medical marijuana. This is some of the best.

August 9, 2008

This Week In Federal Marijuana Prohibition

by Robert Guest

For those new to the blog I am a member of the National Organization for the Reform of Marijuana Law’s (NORML) legal comittee. I used to prosecute pot cases, now I defend them. My goal is for a future in which lawyers will do neither.

That being said, here is This Week In Federal Marijuana Prohibition

Marijuana Is Grown By Illegal Immigrants!!!