The Waller County Civilian Commission report is finally out, and you can read it here: Recommended Police and Jail Practices We finished our review, and our report! Joined by Hon. Craig Washington, Hon. Morris Overstreet, Juan L. Guerra, Randall Kallinen, and Paul Looney, I spent countless hours trying to help the citizens of Waller County. In […]
Waller County Jail Report Read More »
Yesterday, the U.S. Supreme Court ruled a Massachusetts woman just might have a 2nd Amendment right to carry a stun gun. She was originally arrested, charged, and convicted of carrying a stun gun in violation of Massachusetts’s law. All agreed she bought and carried the stun gun for protection from her abusive ex-boyfriend. The Court,
Right to Bear Stun Guns Read More »
Criminal convictions have intended consequences. They carry punishments that include life and liberty. Convictions can cause someone to be jailed for a period of time. They can cause payment of fines and participation in rehabilitative programs. But what happens when the punishment is over? After the punishment comes the collateral consequences – the unforeseen consequences
Unforeseen Consequences Read More »
Sadly, so much of what I have read in the media regarding Ethan Couch, the notorious “affluenza teen,” is just legally wrong. Now, I am not advocating for more or less punishment or trying to guess the merits of the State’s case or the defense. But, I do know juvenile law, and many things quoted
Affluenza Teen Corrections Read More »
In the practice of law, mentoring should be mandatory. This is especially true in criminal defense where life and liberty are on the line in each and every case. Some lawyers practicing criminal defense simply hung a shingle and opened a practice. Others are former prosecutors. In either instance, mentoring is key. Prosecutors know how to
Mentoring Should Be Mandatory Read More »
Too often, we hear citizens complain, “The defendant has all the rights; the victim has none.” This old adage could not be further from the truth. Yes, the defendant has rights: the right to a fair trial, the right to effective counsel, the right to remain silent, and the right to confront his accuser, among
Does the Defendant Have All the Rights? Read More »
Important information for attorneys and their clients. Clients: know the file is yours and you are entitled to it (with a possible exception for some materials). Attorneys: know what to turn over and when. Common Attorney Questions: My client (or former client) wants a copy of his file, can I charge him copy fees to
The File: Whose is it? Read More »
Sure, a prosecutor can choose to prosecute a case, but that doesn’t always mean he or she should. Trace Cocaine Cases Years ago, then Harris County District Attorney Pat Lykos made the choice to decline prosecution of trace amounts of cocaine. This didn’t mean she approved or condoned cocaine possession. It didn’t mean cocaine cases
Just Because You Can, Doesn’t Mean You Should Read More »
One of the questions I’m asked most frequently is whether a particular juvenile prior adjudication can be used to enhance a new adult criminal charge and bar probation eligibility. Under Penal Code §12.42, felony offenses can result in enhanced punishments for those previously convicted of felony offenses. When looking at a prior juvenile adjudication, certain
Use of Juvenile Priors Read More »
Attorneys have the option to use social media to enhance their careers and businesses. But each attorney should keep in mind a few precautions before sharing anything. Failure to take these seriously can cost lawyers their jobs, or worse, their bar licenses. http://www.corpcounsel.com/id=1202738703474/Question-No-1-for-the-Lawyer-on-Social-Media-What-Not-to-Share#ixzz3nUfBnHZR In her Corporate Counsel column, Julie Langdon cautions attorneys: Be Wary of
Lawyers and Social Media Read More »
