Houston DWI Lawyer | DWI Defense in Houston, TX

I was having a conversation with a prosecutor that I have known for over ten years recently about why the Harris County District Attorney's Office refuses to use 12.44(b) punishment for state jail felony drug cases.    This type of punishment gives a prosecutor the discretion to reduce the charges from a felony to a misdemeanor.  His reply was "how does that help me?"  I tried to impress upon him that his job was to make sure that justice is done.  I tried to let him know that the general consensus among the citizens of Texas is that low level drug users should not be sent to prison.  He refused to be swayed.  He just kept stating how does this help me  Ironically, he said he would start treating those cases like misdemeanors when the Texas legislature changes the law.  He fails to take into account two things.  First, the Texas legislature has stated that the prosecutor may reduce a state jail felony to a misdemeanor.  The Harris County District Attorney's Office does not acknowledge this law.  Second and most importantly, the comments section of the Texas Rules of Professional Conduct states: "A prosecutor has the responsibility to see that justice is done, and not simply to be an advocate." (Rule 3.09 Special Responsibilities of a Prosecutor).

If you need help with your drug case in Texas please contact our law firm at (713) 242-1779 or visit our website at www.mmalaw.com.

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I found it unbelievable last week during trial the that the Cypresswood substation located in Harris County, Texas does not have a working  videotaping device for DWI cases.  According to Constable Norris, a Corporal with the Harris County Constable Precinct 4's Office, it is common knowledge that this is occurring, but it is not up to the constable's office to get the device in working order.  He is of the opinion that it is up to the Harris County District Attorney's Office to maintain the videotape machine in working order.  That statement completely floored both prosecutors trying the case and is completely wrong.  Most appalling, is that after speaking to other attorneys in the courthouse this is not the first time that this Constable has testified that a videotape was not made in a DWI case.  Constable Norris understands the importance of a recording of someone ac cussed of DWI, but cavalierly dismissed the idea during trial.  A DWI video not only allows a jury to see the accused for themselves, but allows a lawyer to review a police officer's actions during the tests.  It is quite common that an officer does not explain the test correctly, or follow the specific guidelines developed.  If an officer does this incorrectly the tests results are deemed invalid.

Since Kate Dolan, the Misdemeanor Division Chief, was in court during his testimony I am confident that she will look into this issue.  The citizens of Harris County deserve much better!

If you need assistance with your DWI case please contact our law firm at (713) 242-1779 or visit our website at www.dwiattorneysinhoustoncom.

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One of the many conditions that a person receives when they get probation is community service.  It is quite difficult for a lot of people to take time out of their lives to fulfill this requirement.  The courts understand this so they give most people a minimum of hours of community service that a person must complete on a monthly basis.  Of course, a person may do more then the minimum to finish their required amount.  A frequent question is where someone will be doing their community service.  That is usually determined by where the probationer lives.

This past weekend I personally experienced one of the places where community service is done.  I met and helped the people at Turning Point Center.  I have not been to many community service locations, but this seemed like an appropriate place.  The center is run by volunteers and all the work is done by the residents.  Best of all, the residents need and appreciate the help.

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The number one reason for a probation violation to be filled is that the probationer does not attend their scheduled visit.  There are several reasons why this may occur,  Commonly, they do not have the money to pay for their probation and secondly they think they might test positive for drugs if they are drug tested.  Most judges have a working knowledge of all their probationers via their probation officers and want them to succeed.  Thus, they find it insulting when a person  knowingly fails to meet with their probation officer.  A judge usually understands the financial hardship one may be going through.  In fact, a judge can not violate a person's probation solely for not paying the money that is owed.   Additionally, most judges understand that someone may have a drug problem if they test positive more then once but they will be less likely to offer anyone assistance if they fail to show up for a scheduled visit.  In summary, failing to attend a scheduled visit may be more harmful than you may realize.

If you would like to speak to one of our attorneys regarding your particular situation please call our law firm at (713) 242-1779.  Also, you can visit our website at www.mmalaw.com.

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This session the Texas legislature is considering reducing the punishment of possession of less then a gram of a penalty group 3 drug like cocaine from a state jail felony to a misdemeanor.  In fact, Judge McSpadden, presiding judge of the 209th District Court of Harris County, has been promoting this change in the past and now has the support of his colleagues.  Unfortunately, the Harris County District Attorney's Office does not agree.  Our elected District Attorney has a bigger picture in mind.  That sounds very comforting, but most people want instant results.   If she is concerned about jail overcrowding how about using the tool that the Texas legislature has already given them in the form of "12.44" punishment more readily. 

Sec. 12.44.  REDUCTION OF STATE JAIL FELONY PUNISHMENT TO MISDEMEANOR PUNISHMENT.  (a)  A court may punish a defendant who is convicted of a state jail felony by imposing the confinement permissible as punishment for a Class A misdemeanor if, after considering the gravity and circumstances of the felony committed and the history, character, and rehabilitative needs of the defendant, the court finds that such punishment would best serve the ends of justice.

(b)  At the request of the prosecuting attorney, the court may authorize the prosecuting attorney to prosecute a state jail felony as a Class A misdemeanor.

It is a shame that prosecutors in Harris County, Texas dismiss more cases than offering a "12.44(b)."  Surprisingly, new felony prosecutors feel like there is an office policy against this type of punishment.  I have never know this to be the case, but most prosecutors are extremely reluctant to extend the offer and are surprised when I request one.  I have never known a real reason for this other then "we do not do that in Harris County."  The jail overcrowding issue could be addressed by implementing a new attitude towards 12.44(b) punishment and accepting charges for low level marijuana charges when a police officer decides to give someone a citation to appear for court instead of arresting them.

If your need assistance with your drug charges in Texas please contact our law firm at (713) 242-1779 or visit our website at www.mmalaw.com.

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I walked into the 338th District Court today for the first time since Judge Hazel Jones took the bench.  It felt like I was at my sister's wedding since I have known her for so long.  Judge Jones and I started at the Harris County District Attorney's Office as prosecutors over twelve years ago.  I am very proud of Hazel's accomplishments and glad the we have maintained a friendship throughout the years.    I am confident she will be a terrific judge.  She has the experience of being a former County and Federal prosecutor as well as a defense attorney.  In fact, I was able to see and hear her listen to both the defense attorney and the prosecutor that were arguing before her this morning.

Also while in the same court, I ran into a criminal defense attorney that  I tried a case against, when I was a prosecutor in the 338th.  I remember making this attorney so mad and frustrated during our trial that he was held in comtempt by Judge Mary Bacon on his birthday.  Luckily, he is a good sport and we have a laugh about it now. 

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There are several different ways a misdemeanor and felony judge takes a plea.  As you might expect, a felony judge discusses a lot more information then a misdemeanor judge does during a plea.  Nevertheless, one admonishment that is frequently disregarded orally by a felony judge in Harris County, Texas is that a drug possession will cause a person's driver's license to be suspended for six months if there are over 21 years of age and one year if they are under 21 years of age.  I realize that most felony admonishment forms cover this possibility as do misdemeanor admonishments, but for some reason it really makes an impression when a judge tells someone that from the bench.

The reason someone should keep this in mind is that if they are caught driving while their license is suspended they may be arrested.

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One of the most unappreciated people at the courthouse is the court coordinator.  I saw for myself how much judge's rely on their coordinators when I was a briefing attorney.  Today, I see it every day practicing as a criminal defense attorney in Houston.  The Judge for the Harris County Criminal Court at No. 5, Margaret Harris, and Joan Campbell the Judge for the 248th District Court of Harris County will be losing their wonderful coordinators.  Judge Harris' coordinator, Virgilee Tamborello Saulsberry, is taking a position with the Harris County District Attorney's Office.  Also, Judge Campbell is losing her coordinator, Vickie Oliver to retirement.  Hopefully, we will still see Vickie around the courthouse if decides to fill in for her colleagues.

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Congratulations to Houston Criminal Lawyer, Mark Bennett, for winning the 2nd Annual American Bar Blawg Poll despite actively campaigning for someone else to win.  Mark writes the insightful and biting blog Defending People.

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The new year has brought many changes at the courthouse. As Houston Criminal Defense Lawyer I must take a wait and see approach. The new District Attorney Pat Lykos will undoubtedly bring changes that will effect how prosecutors deal with certain cases. There could be more or less freedom to negotiate. Time will tell and we will adjust accordingly.

Eight new judges have taken the bench in felony district courts. It was pleasant suprise to walk into newly elected Judge Randy Roll's courtroom, the 179th District Court, at 9:30 and see that business is being conducted at that hour. The prior judge in this court, Judge Michael Wilkinson was fair and a nice person, but court normally didn't get started until after 11:00. Clients had to be to court on time and sit and wait. While most courts were wrapping up around noon, the 179th was just getting started. The new change under Judge Roll is encouraging and welcome.

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Si...yo soy un abagado que hablar Espanol en Houston. (713) 242-1779.

During law school I was hired by several law firms to serve as an interpreter.  Those experiences ranged from going over legal documents to complex multiple plaintiff litigation.  It emphasized the obvious  need that if the attorney could not communicate with their client they quickly found someone that could.  That seems like common sense, but I am always amazed when I hear non Spanish speaking attorneys trying to communicate with their clients without an interpreter at the Harris County Justice Center.  I even know of one attorney that carries with him one of those travel translation devices to communicate with his clients.

I realize that it is up to the client who they hire, but an attorney has a duty to make sure that their client understands everything that is being discussed.  At the very least, the criminal defense attorney should have someone with them to interpret all the legal documents to their clients.  That non Spanish speaking attorney should not ask me in court to interpret their plea papers because I flatly refuse such requests.  There are several reasons I will not interpret for a colleague.  The most important is how do I know that the lawyer has fully discussed all the legal options available to their client and the client understood  them.  My suggestion will always be to reset the case and bring an interpreter.

Luckily, all felony courts in Houston, Harris County, Texas require an interpreter before a plea agreement is accepted by the court.  Perhaps, this is something that the misdemeanor courts in Houston, Harris County, Texas should start doing as well.

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It seems like 2009 is not starting much better then 2008 did for the Harris County District Attorney's Office.  Last year at this time a lot of assistant DA's were unsure what the future held for them during the Rosenthal scandal.  Instead of making a fresh start and rallying the troops newly elected Pat Lykos seems to be creating more instability at the DA's office.  Unbelievably, DA Lykos made it mandatory for her assistants to attend her inauguration on a county holiday, mindful  that this is mainly a ceremonial function and photo op.  Perhaps, she wanted to display the unity by having all her assistants there for the swearing in ceremony.  Regardless, a lot of her assistants were not happy about attending.

While I was not in attendance I was disturbed to hear the she did not acknowledge all the work her assistants do on a daily basis.  More specifically, she did not thank her first assistant, Jim Leitner, for what he has done before she took office.  I want to see a stable and confident DA's office in Harris County, but it does not seem like DA Lykos is achieving it at this time.  While I have a lot of friends at the District Attorney's Office I want it to be stable because it would be for the entire community's benefit. Of course, I do not want to deal with the arrogance that was pervasive in previous years, but a confident ADA allows them to more objectively look at a case.  I want to be able to talk to any assistant and know that they are not going to be apprehensive about making a difficult decision because they are scared of what could happen.  Here is hoping that 2009 improves quickly for the entire Harris County District Attorney's Office!

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