Facebook: Like it or Leave it, but make no mistake about it law enforcement uses it as tool to probe into your information. And I like that Facebook is telling them to stop using their service to lie! The DEA (drug enforcement agency) creates fake profiles as part of ongoing investigations. And Facebook’s chief security … 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 … Read more
nolle prosequi (no-lay pro-say-kwee) n. Latin for “we shall no longer prosecute,” which is a declaration made to the judge by a prosecutor in a criminal case either before or during trial, meaning the case against the defendant is being dropped. The statement is an admission that the charges cannot be proved, that evidence has … Read more
You may be wondering if you need a “board certified” attorney. Honestly, you may not “need” one, but it sure is nice to have one whenever possible. Board certified attorneys are specialists in particular areas of the law. Law school prepares lawyers in a broad range of topics and thinking. Law school creates a general … Read more
CIVIL SUITS A sergeant who used to work for me asked if I could come to the HCSO Academy and give a class on K-9 legal issues. I prepared for search and seizure issues but when I got out there, I saw the class was titled “K-9 Civil Liabilities.” I had recently defended a case … Read more
Today, in an interesting opinion regarding the refusal of PDR, Judge Cathy Cochran notes the error of a judge displaying a MADD (mother’s against drunk drivers) plaque during a DWI trial. Simpson v. State (PDR is the acronym for “petition for discretionary review.” Refusal of PDR indicates the high court has refused to hear the … Read more
I’ve said it a hundred times: education is key. Know your candidates and be an educated voter. But also know the roles of those you are electing. Judges are here to follow the law, be fair and impartial, and provide an equal playing field for those appearing in their court. They are not here to … Read more
In the Harris County Public Defender’s Office CLE today and Judge Belinda Hill spoke on behalf of the District Attorney’s Office. The look of surprise on her face was priceless as she heard some of the “policies” we hear from assistant district attorneys in court. She will follow up on some of these but, essentially, … Read more
For the past several years, 25i (or synthetic LSD), a designer drug, has been sold and used in the greater Houston area. Many user believed this drug to be “legal”, and they were correct within the State of Texas for a short time. In Texas, drugs are listed by schedules (in the Controlled Substances Act) … Read more
Do you really need a lawyer? I’m of the opinion, if you have to ask, then the answer is almost always “Yes.” But, consider this: You are charged with a misdemeanor offense, you show up for court, and the judge asks, “Have you talked to the prosecutor yet?” Saying no, the judge instructs you to … Read more