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 […]
Guns and Protective Orders 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 »
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 »
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”
To Plea or Not to 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
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
Should your lawyer turn you over to the government? 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
Life, Liberty and the pursuit of Happiness Read More »
Listening to Anthony Graves today at the HCCLA Winning Warriors Defender Trial Tactics CLE, I couldn’t help keying on many things he said, one of which was “it shouldn’t be innocent until proven guilty, but rather innocent unless proven guilty.” He was talking about the presumption of innocence and how it truly doesn’t apply (most
Innocent UNLESS Proven Guilty Read More »
