Dallas Criminal Defense Lawyer Blog

Think that freedom only protects criminals? Check out this video. This cop is representative of why all stops should be recorded and why we need more protections from traffic enforcement.

The video was so outlandish I thought it may have been a hoax. However, here is the veryfying news story.

I have had a few dismissals this week. Why do cases get dismissed? Here are 3 reasons.

1. The State Can’t Prove It At Trial-

Time-Older cases are harder to prosecute. This is especially true for cases with no video evidence. Set if for trial see who shows up and who remembers what.

The title is from the Code of Criminal Procedure. The duty of a prosecutor is not to convict, but to see that justice is done.

Unfortunately the “convictions are wins, dismissals are losses” mentality seems to take precedent over idealistic notions of justice.

Today’s example is from the TDCAA message board-Here is the question.

Have you ever wanted unleash your own police state DWI propaganda campaign? Now you can!

Here are some press release “toolkits” from StopImpairedDriving.com. These toolkits contain ready made press releases for all kinds of fun events including-

Sobriety Checkpoints

Thinking about testifying in your DWI case? You should know what to expect. TDCAA’s “DWI Investigation and Prosecution” handbook offers some insight into the mind of the DWI prosecutor.

Today’s subchapter is called “Crossing the Defendant”, it should have been called “guilty until proven innocent.” Prosecutors are taught to spin or ignore evidence of innocence.

– ADA’s are taught to work out a “time line” of that day’s events with the defendant. Why? Because there is “no credible way the defendant could have kept track of that, so you will either succeed in showing their no memory of times, or he has an overdeveloped memory.”

Texas is in the process of implementing the state’s first needle exchange program in Bexar County. Texas is the last state to adopt such a program.

TDCAA had a recent discussion on the issue. The issue was, could those with needles be charged with possession or delivery of drug paraphenalia?

Those bleeding heart liberals, the Islamic Republic of Iran, started a needle program two years ago to fight AIDS. Let’s compare the sentiments of Williamson County District Attorney John Bradley with his counterparts in Iran.

The Texas Juror Experience Project is less than 1 hour old. Here is the first juror submission

1. What was the offense?- Convenience store robbery in Fort Worth, Texas

2. What was the verdict?- Not Guilty

Have you have been on a Texas criminal jury? I would like to hear from you. Please answer the following questions. Email the results to Robert(AT)RobertGuest(DOT)com. I will post your answers on IWTS.

1. What was the offense?

2. What was the verdict?

I had a family member serve on a felony DWI jury. The charge was DWI with a minor in the car. Two days of trial and a guilty verdict.

I wanted to know what mattered to the jury and how the juror saw the tests. Here are some observations from my relative (who shall remain nameless).

1. The jurors had trouble understanding the HGN test. However, they did assume that the HGN was valid. The idea being that the police would only use a test that was valid. Too bad the science behind HGN has never been peer reviewed or subject to double blind studies. Also, the HGN has a failure rate as high as 38%.

The Texas Tech Football season begins Monday at 4:00PM. Tech takes on the SMU Mustangs here in Dallas.

I live near Dallas, but I’m watching the game at home. If I know you, you are invited. Mark Bennett, Shawn Matlock, and Grits for Breakfast are also invited. RSVP via email.

For some reason Tech does really bad when I actually attend the game. The last Tech game I attended was last year against Colorado. I was in Boulder to witness a 30-6 nightmare loss to the then winless Buffaloes. I’ve also witnessed a 56-3 disaster against Nebraska, as well as two wins (SMU and Baylor respectively).