Dallas Criminal Defense Lawyer Blog

February 27, 2008

Dallas Burglars approve of new cell phone ban

DMN has two stories that highlight the opportunity cost of stupid laws.

Story 1- East Dallas is being hit with a rash of home robberies. If you live in East Dallas and someone breaks in the door, it’s either a robber, or the SWAT team looking for poker games.

Story 2- The Dallas City Council passed a new city ordinance that prohibits using a cell phone in a school zone. By all accounts this law is a solution without a problem. The Dallas City Council continues their proud tradition of incompetence.

February 27, 2008

Marijuana Detox Drinks, Field Sobriety Tests, and the War on Drugs- You search, I answer

by Robert Guest

Sitemeter is a great product for bloggers to learn about their readers. Inter alia, it displays the search terms you put into Google that brought you to IWTS.

These are like questions in a way. Each reader is looking for specific information. So let me treat these as a Q/A session.

Remember, this isn’t legal advise. You pay for that. This is blogging.

February 25, 2008

Kaufman DWI- The Process

by Robert Guest

You are arrested for DWI

In Kaufman County DPS is involved in most DWI arrests. DPS officers initiate many DWI stops on I-20. DPS troopers are also frequently called by local police to administer field sobriety testing. It is a rare DWI case in Kaufman that does not involve a DPS trooper.

You take some field sobriety tests, blow or not blow, and then a police officer subjectively and unilaterally decides you are intoxicated. You spend all night in Kaufman’s really nice jail. Bail is set in the morning between 7-9AM. In Kaufman bail is usually between $1,000 and $3,000 for a DWI first offense.

February 24, 2008

Dallas Law Office Search- What do clients want in a law office?

by Robert Guest

Dallas Law Office Update-

I am looking for law office space in Dallas. I’ve been focusing on Uptown. The Crescent has a great facility with many flexible options and I am considering an office there. I should make a decision by the end of March. This experience has got me thinking about what a law office does.

Attorney Needs-

February 22, 2008

Rick Perry’s Email Available For $54/Day

by Robert Guest

Recap-

I am participating in a WikiFOIA open records project. Open records requests are being sent to all 50 governors to see if their interoffice email is available to the public.

I sent a open records request to Rick Perry. I asked for all emails to and from the Office of the Governor for four days.

February 22, 2008

Lessons from Cops

by Robert Guest

Watching Cops can be a good exercise for criminal defense attorneys. Search and seizure, confessions, probable cause all come in to play. I was channel surfing and caught a gun arrest.

Here is what happened- 3 passengers in a car. 2 males, and one female. I didn’t quit catch where everyone was sitting. The police find a gun in the glove box. I don’t remember the jurisdiction, however it was clear that there was no 2nd amendment right to carry in your car. The police are looking to pin this gun on somebody and make an arrest.

Male 1- Asks for an attorney. The police say “he asked for a lawyer, he isn’t cooperating.”

February 20, 2008

A New Kaufman County Courthouse?

by Robert Guest

Kaufman County Online reports on where local candidates stand on building a new courthouse for Kaufman County.

To summarize the arguments-

Pro New Courthouse- The current courthouse is too small, we need to expand. Let’s move the courts next to our new jail (next to the highway).

February 20, 2008

Louisiana Forced Blood Draws

by Robert Guest

From Foxnews.com A Shreveport police officer is fired after allegedly beating a handcuffed female DWI suspect.

The story- A female suspect was arrested for DWI. She was brought into the 5th Amendment violation (breath test) room.

The woman then asked to make a phone call. Her request was denied. The officer then handcuffed the now irate suspect.

February 19, 2008

Kaufman County Probation- Stupid Rules

by Robert Guest

Probation 101
Despite the best efforts of defense counsel the vast majority of criminal cases end up with a plea bargain. In Kaufman County the vast majority of plea bargains involve probation. In general, compliance with probation terms means a defendant can avoid jail time.

Here is page 1 of an Order Imposing Conditions of Community Supervision for Kaufman District Courts. Let’s take a closer look at what can send probationers to jail. (Note- Probation and Community Supervision are the same thing).

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First their are the obvious rules 1,2,6, 8,13 etc. Report to probation, don’t use drugs or commit any more crimes, take drug tests.

February 18, 2008

Monday Musings

by Robert Guest

Dallas Needs…. Another Criminal Defense Lawyer!

I’m looking for some office space in Dallas. I’m not closing my Kaufman practice/office. I am looking to expand into the Dallas market. If you have any space/ideas etc- shoot me an email.

Opportunity Costs and Dan