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.
Ever wondered how DPS operates their DWI blood testing machine? Probably not. But if you are a DWI attorney, or defendant, this is an important topic.
I am proud to present the Texas Department of Public Safety’s
Standard Operating Procedures for Blood Alcohol Analysis by Gas Chromatography
MADD recently started their own blog. It seems no one has noticed. Comments are sparce. Not surprising since the writing is formulaic blog drivel.
From the blog title it appears that neo prohibitionist mission creep has set in at MADD. Not content to eliminate drunk driving, MADD is also on a crusade of “underage drinking prevention” and “support of the 21 minimum drinking age law”.
Most posts link a news story about a DWI death or a repeat offender being arrest. Then MADD touts their simple solution that would magically prevent all tragedies in the future. MADD is selling security and only asking for a little liberty in return.
Since the Court of Criminal Appeals granted a stay of execution for Attorney Client privilege I haven’t blogged about the subject. I think it’s time to start the conversation again.
One thing that the ACP protects is your attorney’s work product, his files, his notes etc. Without attorney client privilege the State could issue a warrant and seize your attorney’s files. Think that wouldn’t happen? You must not practice law in Collin County.
TCDLA sent this email today detailing the police raid on defense lawyer Keith Gore’s office. Keith was under suspicion from local authorities for allegedly representing a criminal defendant in Collin County.
The police thought Keith may have actual physical evidence in his possession. There was a subpoena issued for the evidence and the police raided Keith’s office. No physical evidence was found, so the police took Mr. Gore’s files instead. This is the sort of skullduggery that attorney client privilege and work product doctrine are supposed to protect.
From TCDLA-
Attached is the Amicus brief filed August 5 in Collin County on behalf of TCDLA, in support of Keith Gore. To see the brief please click on this link: http://www.tcdla.com/docs/AMICUS%20BRIEF%20FIILED%208-5-08.pdf
As you may know, the issue here concerns the search of a lawyer’s office, which resulted in the seizure of a box of documents. On February 29, 2008, TCDLA Member Keith Gore from McKinney had his office searched pursuant to a search warrant. Before the warrant was signed, the Collin County Grand Jury had issued a grand jury subpoena for certain evidence believed to be in Gore’s possession regarding his defense of a person accused of capital murder. Gore properly filed a motion to quash the subpoena and set a hearing. Before the hearing could be held, the State obtained the search warrant.This is a matter of highest importance to TCDLA. Keith Gore is a highly respected lawyer and member. Gore was defending his client and the State’s ability to obtain evidence in his possession through proper legal means. The State denied Gore the opportunity to be heard at the hearing on the motion by obtaining the search warrant.
A hearing was held today on the defendant’s motion to recuse the judge, who had heard the motion on stipulated evidence. The court was concerned that the judge issuing the search warrant knew about the hearing on the motion to quash before he signed the warrant and that the judge issuing the search warrant became a chain of custody witness because he opened a sealed box. The opening of the sealed box is disputed, the judge saying he didn’t and the police saying he did.
Thanks to everyone who showed up for the hearing. We should have a ruling on or after August 15, 2008.
I filed an open records request for documents pertaining to the Cherry Pit raid. I received the affidavit used to search the premises and the investigation report.
If you hire me or not I want you to know what to expect and what your options are.
Unfortunately, education also includes breaking bad news to potential clients. I have had a few inquiries about appeals only to inform the defendant and/or the defendant’s family that there will be no appeal because deadlines have been missed.
To avoid this in the future here is a quick guide to state criminal appeal deadlines.
Recently, the Department of Homeland Security gave it self the power to seize the laptops of airport travelers. DHS unilaterally decided that it may steal your computer without cause and keep it forever. In order to protect your freedom DHS has repealed the 4th Amendment- From the founding fathers-
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Stealing laptops without cause would seem to qualify as an unreasonable seizure.Unfortunately, the 9th Circuit Court of Appeals recently upheld this despicable practice. I wouldn’t hold my breath for a supreme court reversal.
Rep. Barney Frank proposed ending federal criminal penalties for possession of small amounts of marijuana. The Personal Use Act may not have a chance to pass this time, however the tides are turning against our failed drug war.
For proof the public is catching on read the comments to the CNN story. Despite years of hystrionics (smoking pot is just like Russian Roullette!) and tax payer funded garbage propaganda Americans are rejecting prohibition louder than ever before. There is simply no logical intelligent support for arresting Americans who use cannabis.
For some perspective closer to home check out these comments on legalization
Few things on the highway are as ubiquitous as a cop hiding from view, armed with a radar gun. As long as local governments have needed tax revenue, radar guns have been used to fine speeders.
How exactly does a radar gun work? Can this information help beat your ticket?
See for yourself. Here is a copy of the Radar Operations Manual from the Texas Department of Public Safety. Happy reading.
Texas Alcoholic Beverage Commission officers spend a lot of time harassing college students, busting up high school key parties, and arresting bar employees. However, TABC agents know how to have a good time. In fact, TABC agent routinely work undercover at Dallas strip clubs buying lap dances and beer with your tax dollars!
I filed an open records request last year to learn more about this undercover operation. To my surprise these strip clubs stings are not a TABC employee morale boosting program- this is considered law enforcement.
Nothing makes blogging material like a follow up story. So, I filed a follow up open records request to check in on the TABC strib club subsidy program.
I get a few readers who are searching for “Dallas Court of Appeals”. As a public service here is some basic information on the 5th District Court of Appeals.
Where is the website for the 5th District Court of Appeals in Dallas?
Here is the website. This site was recognized as one of the best in 2000. Unfortunately, it really hasn’t changed since. The site design has a Windows 95 flair. Function over form.
Dallas Criminal Defense Lawyer Blog