Dallas Criminal Defense Lawyer Blog

May 6, 2008

Dallas Municipal Court- One Experience

I had a ticket case in Dallas today. If you get a ticket from the City of Dallas you are sent to the Dallas Municipal Court. The court is located downtown at 2014 W Main.

I needed to work out a traffic violation with the prosecutor. Sounds easy enough. However, going to an unfamiliar court and learning the process is always an experience. Here is how I spent the morning at the Dallas Muni Court.

First I went to the main information desk. A very friendly employee informed me that I needed to visit “Station 11” to “register”. Station 11 is not as impressive as it sounds. S11 is a walk up window with an “11” placard dangling from the ceiling.

May 4, 2008

When Prosecutors Hide Evidence

by Robert Guest

Dallas County District Attorney Craig Watkins is Texas’ best DA when it comes to seeking out wrongful convictions. Mr. Watkins exoneration work has uncovered a startling trend- many wrongful convictions involve prosecutors who purposefully hid evidence from the defense.

Mr. Watkins proposes criminal and state bar sanctions for prosecutors who hide evidence to convict the innocent. This proposal has generated some wonderful debate on the issue from TDCAA, Grits for Breakfast, Bryan Attorney Steven Gustistis, Simple Justice.

Texas law limits discovery in criminal cases. However, the Constitution requires prosecutors to turn over “Brady Material”. Brady material consists of exculpatory or impeaching information that is material to the guilt or innocence or to the punishment of a defendant.

May 2, 2008

Medical Marijuana Continues To Disobey Federal Schedule I Definition

by Robert Guest

Headlines From Reuters-

<strongLow-dose pot eases pain while keeping mind clear

According to these Reuters people something called a “double blind placebo controlled randomized study” concluded that smoking marijuana was a safe and effective treatment for pain.

May 1, 2008

MADD About Grand Theft Auto

by Robert Guest

Grand Theft Auto IV (GTA IV) is this season’s must have video game. In GTA IV you play a small time hood working his way up the criminal syndicate hierarchy. The game allows players to engage in a multitude of antisocial and criminal behaviors, including drinking and driving.Que the MADD hysteria!!!

Each year nearly 13,500 people die in drunk driving crashes and another half a million are injured in alcohol-related traffic crashes. This is why MADD is extremely disappointed by the decision of the manufacturers of the game Grand Theft Auto IV to include a game module where players have to drive drunk. Drunk driving is not a game and it is not a joke. Drunk driving is a choice, a violent crime and it is also 100 percent preventable. MADD is calling on the Entertainment Software Ratings Board to reclassify Grand Theft Auto IV as an Adults Only game, a step up from the current rating of Mature and for the manufacturer to consider a stop in distribution – if not out of responsibility to society then out of respect for the millions of victims/survivors of drunk driving.

First of all, 13,500 people do not die in drunk driving crashes. That is a complete statistical fabrication. However, no one besides me seems to care.

April 30, 2008

Kaufman County District Court Information

by Robert Guest

I’m getting a lot of searches for “Kaufman County District Courts.” A few of these readers may want logistical information, not criminal defense lawyer musings. Here is some basic information for the public

Kaufman County District Courts

Kaufman has two district courts. They handle felony criminal cases, family law cases, and other civil lawsuits. Both are located at the downtown courthouse.

April 29, 2008

Dallas Sheriff Allows Armed Robbery To Protect Snitch

by Robert Guest

Today’s DMN has a shocking story. Dallas Auto Theft Task Force agents knew that one of their snitches was going to rob a tractor trailer with $1m in cigarettes. The police, not wanting to ruin their important investigation, told no one.

This robbery took place in Waxahachie, in Ellis County. From DMN-

When several men broke into a Waxahachie truck terminal last October, tied up a security guard at gun point and crashed a semi-trailer loaded with $1 million in cigarettes through the front gate, they didn’t know one of them was a snitch for the Dallas County Sheriff’s Department.

April 29, 2008

Medicial Marijuana- LEAP Op-Ed

by Robert Guest

I am a member of Law Enforcement Against Prohibition. LEAP is a wonderful group composed of ex and current law enforcement professional working to end the drug war.

My stint as a prosecutor made me eligible. However, unlike many LEAPers I was never a true believer in Prohibition. Many LEAP members have a conversion of sorts. Years of experience eventually lead them to realize the War on Drugs is a perpetual failure. Me, not so much.

My libertarian beliefs, combined with my economics degree from UTA, and my criminal law classes at Tech taught me that prohibition would always fail and always cause the same predictable externalities every time (death, corruption, violence, mass incarceration.) As a prosecutor my beliefs were sadly confirmed.

April 27, 2008

John Stuart Mill- On Liberty, and the Drug War

by Robert Guest

I’ve just finished the John Stuart Mill classic On Liberty. JSM was a 19th century philosopher and political economist. Inter alia, JSM is famous for his refinement of the harm principle. The harm principle is a foundation of modern libertarian (or classical liberal) thought. The HP as explained by JSM-

The only purpose for which power can be rightfully exercised over any member of a civilized community, against his will, is to prevent harm to others. His own good, either physical or moral, is not sufficient warrant… The only part of the conduct of anyone, for which he is amenable to society, is that which concerns others. In the part which merely concerns himself, his independence is, of right, absolute. Over himself, over his own body and mind, the individual is sovereign.

Well, what about drug abuse? People do bad things on drugs. Shouldn’t we just ban drugs so people won’t harm others while high? JSM offers a radically simple solution. Instead of banning substances, we should only hold men responsible for actions that harm others. JSM explains-

April 26, 2008

Maverick’s Josh Howard- Too Honest About Marijuana

by Robert Guest

Dallas Mavericks small forward Josh Howard admitted to recreational pot use yesterday on a sports radio program. Josh has never failed any league drug tests. He simply chooses to use marijuana in the off season instead of the drugs approved by the NBA, DEA, and State of Texas- namely alcohol and nicotine. Here is a quote from Mr. Howard.

“What can I say? If you can do it and it’s not affecting your everyday life, why stop? If I’m able to do it, but not while I play basketball, it lets you know I can quit whenever.”

Owner Mark Cuban and Coach Avery Johnson both expressed regret at Howard’s announcement. Mr. Cuban stated this “will be dealt with” in the offseason.

April 23, 2008

Ferris Police and the I-45 Speed Trap

by Robert Guest

I live in Ennis and frequently take Interstate 45 North to Dallas. There is never less than 2 police cars hiding between State Highway 34 and Interstate 20 looking for speeders. Most often these cops lurk on bridges and on ramps hiding from unsuspecting motorists.

On I-45 The speed limit goes from 65 to 60 in various spots. However, if you travel less than 70 you will be frequently passed by traffic. It is obvious that the Speed Limit on I-45 has no basis in promoting safety or in driver reality. There is nothing dangerous about driving 75 on I-45. Not that I would ever intentionally break our State’s divinely inspired traffic laws.

I blogged earlier that I wanted to use open records to highlight the I-45 speed trap and the shameless money grab by local municipalities. I often see Garrett, Palmer, and/or Ferris police on I-45.