Today, the United States Court of Appeals for the 5th Circuit found the federal statute that prohibits the possession of a firearm by someone who is subject to a domestic violence restraining order to be unconstitutional. (USA vs. Rahimi) The basis of this decision is that prohibiting the possession of a firearm is infringing upon … 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, … 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 … Read more
As a takeoff from my presentation today at Texas Criminal Defense Lawyers Association’s Defending Juveniles, I wanted to share an outline of how to approach advising your juvenile client to plea or not to plea. What is a Plea? In this context, a “plea” is similar to a plea-bargain in a criminal case. A “plea” … Read more
to protect and serve; honor; integrity; trust These are the words I learned growing up in a police family. Being an officer meant you did what was right; at least that’s what I was told. What has happened to those principles? Reading about a full female body cavity search IN PUBLIC during a traffic stop … Read more
Lawyers advise clients. Lawyers speak for clients. Lawyers do not give up their clients. Defense lawyers do not help the government. Criminal defense lawyer Norm Pattis hits the nail on the head and started me thinking about the duty a lawyer owes to his client. Norm tells the story of a client who is wanted … Read more
Chronicle Editorial Hits Nail on the Head: Hollywood ending, A potentially innocent man sat behind bars so that a prosecutor could get on television. “an awful lot of razzle dazzle for the serious business that goes down in criminal courtrooms” Some prosecutors forget. Some never know it to begin with. But, criminal courtrooms are serious … Read more
Some of the most powerful words in history: The Declaration of Independence. “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.–That to secure these rights, Governments are instituted among … Read more
Client communication is key! You must communicate with your client regularly so that they will know what is happening and so that you can answer any questions they have. Because criminal lawyers spend a great deal of time communicating in person (with frequent court settings, visits at the jail, telephone calls, etc.) you end up … Read more
What does your client expect? Knowing what she expects can help you meet those expectations. Knowing what she expects can help you redirect those expectations when they are unrealistic. Communication is key in this regard. When you first meet a potential client, it is important that you ask her what she expects. Does she expect … Read more