Dallas Criminal Defense Lawyer Blog

May 21, 2008

Dallas Police Ticket Scandal- No Punishment For Criminals With Badges

The sorry tale of Dallas Police Sergeant Walter Clifton came to an end yesterday.

Sgt. Clifton was involved in the phony tickets scandal in Dallas. Here is a summary. Sgt Clifton and his officers would write many tickets to homeless or transient defendants. These defendants sometimes missed their court appearances. Allegedly, Dallas judges would not issue arrest warrants when these defendants failed to appear.

Sgt. Clifton sought to guarantee the incarceration of the destitute and came up with a plan. He instructed his officers to write put phony occupations on the ticket. That way the judge would issue an arrest warrant and these homeless defendants could be incarcerated. Besides being morally reprehensible writing false tickets is illegal in Texas.

May 20, 2008

Dallas DWI- Forced Blood Draws and The Right To Counsel

by Robert Guest

Dallas Morning News has yet another story on the proliferation of DWI blood warrants. This time the Dallas Police are joining the bandwagon of cities who have chosen to circumvent the law and violate your right to refuse blood testing.

What about the right to counsel? Will these DWI suspects have the right to consult an attorney before the Dallas Police forcefully remove their blood?

Texas Bill of Rights

May 19, 2008

National Polka Festival- Ennis, TX

by Robert Guest

I live in Ennis, TX. Ennis is a wonderful city 25 miles south of Dallas of I-45. This weekend (5/23-5/25) Ennis is hosting the 42nd annual Polka Festival. There is a parade, dance contest, run/walk and the usual Czech food and beer. It’s a great reason to visit Ennis.

Polka dancing also isn’t terribly difficult to pick up. Whereas I can only do the chicken dance, anyone who can two step will have no problems.

Here are the bands scheudled to perform.

May 17, 2008

Texas Age of Consent Law

by Robert Guest

A reader asked me what the age of consent is in Texas. Great question. Let me begin by stating there is no section of the Texas Penal Code that defines “age of consent.” Rather, you have to begin in the Sexual Assault Provisions of the TPC.

§ 22.011. SEXUAL ASSAULT.

(a) A person commits an offense if the person:

May 14, 2008

Texas Law- Defining Intoxication

by Robert Guest

When I use a word it means just what I choose it to mean, neither more nor less.’

– Humpty Dumpty, Through the Looking Glass

Most of the rhetoric surrounding DWI includes statements about drunk drivers. For example, Texas MADD has a “campaign to end drunk driving.” No one supports drunk driving which makes the label great to stifle debate.

May 12, 2008

Dallas ALR- A Morning At The State Office Of Adminstrative Hearings

by Robert Guest

I spent the morning at the State Office of Administrative Hearings in Dallas. SOAH is where all live Dallas ALR hearings are held. You can also request a telephone hearing. Ceteris paribus, I prefer a live hearing. A live cross examination contains more useful information than one by phone.

What is an ALR hearing?

ALR stands for Administrative License Revocation hearing. These hearings are triggered when you are arrested for DWI. Refusing, or failing a breath/blood test allows the State to suspend your license. If you request an ALR hearing your attorney can challenge the suspension and by association, your DWI arrest itself. These hearings are held separately from any criminal case. Winning at the ALR has no effect on a later criminal case.

May 11, 2008

Dallas SWAT

by Robert Guest

Until yesterday I had never viewed any of A&E’s Dallas SWAT reality show. Last night I caught about 15 minutes of one episode. This 1/4 hour of television showed much of what is wrong with law enforcement. Here is what went down on Dallas SWAT.

Home Invasion Search

The SWAT team was preparing to arrest a woman on an outstanding drug warrant. The house was known to have children inside. SWAT members formulated a plan to rip the door off the house and storm the residence.

May 8, 2008

The Cory Maye Tragedy- Reason.TV

by Robert Guest

The story of Cory Maye encapsulates the worst of our drug war- racism, injustice, loss of civil liberties, and needless death. Drew Carey produces another must see Reason.TV episode.

May 8, 2008

What is a Writ of Habeas Corpus?

by Robert Guest

Here is an article I wrote for the Ellis County Press.

What is habeas corpus?

“The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion, the public safety may require it.” – United State Constitution Art. 1, Sec. 9

May 7, 2008

SDSU Drug Bust- Point, Counterpoint

by Robert Guest

DEA managed to bust some San Diego State students who were allegedly selling drugs. Since when does the SDSU party scene warrant federal intervention? The investigation started when SDSU lost a student to an overdose. The DEA loves piggybacking on tragedy to try and legitimize their existence.

From the DEA-

“Our children are our biggest asset and absent a safe, drug free learning environment, their chances of succeeding are greatly diminished. The San Diego State University Police and SDSU administration are to be commended for their swift actions in confronting the drug use problem on campus,” said DEA Special Agent in Charge Ralph W. Partridge. “This investigation spotlights two tragedies. The tragic drug overdose deaths of two college students and secondly, the shattered futures of those students who choose to continue to engage in the illicit sale and usage of a myriad of controlled substances. A drug free learning environment for our children should be the norm, not the exception.”