Houston DWI Lawyer | DWI Defense in Houston, TX

I just got back from seeing Matt Damon's new movie The Informant!    I was looking forward to seeing the movie after the reviews I read, but I must admit that I often find Steven Soderbergh's films lacking much depth and too stylized for my taste.  The last film that he directed that I enjoyed from start to finish was Traffic.  I never got into Damon's character, Mark Whitacre, partly because I  never truly understood his motivation for doing what he did.  I did not understand if the film wanted to be a comedy as the trailer suggests or a drama.  The cinematography seemed to suggest that it was a drama, but the script indicated otherwise.  It was great to see Melanie Lynskey, who plays Rose in one of my favorite television shows Two and a Half Men, playing Matt Damon's wife, Ginger Whitacre.  Overall, it is a DVD rental at best.

Since I was disinterested in the film I started to think about my clients that consider talking to the Government.  I could not believe that a man that is so intelligent would engage in such behavior without first speaking to a lawyer about the consequences of their actions.  While Mr. Whitacre may have been suffering from some sort of mental disease, his wife also passively allowed him to contemplate his actions.  It is clear that when he went to a lawyer it was too late.  He continually refrained from telling his attorneys the full truth and openly lied to them while disregarding their advice.  There is nothing worse then a client that does not candidly speak with their lawyer.  Mr. Whitacre would have been better served speaking with an attorney before contracting with the Federal Government.  The attorney would have advised him accordingly, and if was still interested in going forward he may have been granted immunity for his actions.  Thus, Mr. Whitacre may have avoided the nine years he served in Federal Prison.

If you would like a free consultation regarding your criminal case in Harris County, Texas please contact our law firm at (713) 242-1779.  You should talk to us before talking to the police.

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It is often said that dog is man's best friend.  Five men are likely saying, "With friends like these who needs enemies?"  That's because the men were arrested on the basis of scent lineups. Two of the individuals were charged with Capital Murder before the charges were dropped.

The Innocence Project held a news conference on Monday asking that the Texas Forensic Science Commission  ban the use of scent identification lineups.  Scent lineups conducted by  Fort Bend County Sheriff’s Deputy  Keith Pikett are being challenged in two federal lawsuits, filed by men who were accused of crimes partly based on alleged faulty dog scent evidence.  The new report released by the Innocence Project alleges that scent lineups are completely unreliable and have contributed to wrongful convictions.

I have had the opportunity to observe Deputy Pikett in trial. I represented an incarcerated client who was bench warranted to testify in trial.  The trial involved the identification of the defendant with Deputy Pikett's dogs.  I was surprised that scent lineup evidence of this kind could be admitted. One of the problems is that you can't cross examine the dogs. I guess that may be a Crawford, Confrontation Clause issue.  Another problem is that this is somehow expert testimony, but there is no scientific evidence to rely on.  Deputy Pickett is not a veterinarian.  There is no mention of any science in regards to the dog's olfactory glands and whether dogs or certain breeds can follow a scent better than others.  The only evidence is that Deputy Pickett trained them and they have done this many times. I guess if you claim to train a person and they perform scent identification they can do scent lineups.

I find the admission of scent lineups to be troubling. I am sure that those claiming to be falsely accused also find this evidence to be troubling.

If you are need of aHouston Criminal Defense Attorney call Texas Board Certifed Attorney Mario Madridat 713-877-9400.

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The latest Texas legislature really went out of their way to address family violence.  The penal code has virtually been revamped in this area of the law in the last ten years.  When I became a lawyer there wasn't a distinction between an assault against a family member and one against a non family member.   The legislature enhanced family violence assault cases.  For example, it made it a third degree felony if someone had previously been convicted of an assault against a family member.  Starting on September 1st of this year, a first time family violence assault case may be filed as a third degree felony if a person impedes the normal breathing of the victim by applying pressure to the person's throat, or neck.  In other words, a choke may now be classified as a felony.  If the accused happens to have been previously convicted of an assault against a family member they may be charged with a second degree felony.  Also, the new crime of Continuous Violence Against the Family was created in this session.  It will now be a third degree felony if during a 12 month period or less a person two or more times engages in conduct that constitutes an assault against a family member.  A prior conviction of family violence assault is no longer required.  I am concerned that we see an increase in the cases that are refiled as a felony after a misdemeanor prosecutor conducts the required "RIP" call with the complaining witness in a case.

The legislature also addressed anyone that may be on bond for family violence assault. A court may require a person charged with a family violence offense to wear a global positioning monitoring system device (GPS).  Additionally, the person will bear the expense of the GPS when the court warns the person on bond about going to or near a residence, school, place of employment, or other specified location frequented by the victim.  I guess a protective order is not enough anymore. 

If you would like to speak with an attorney regarding a family violence case call our law firm at (713) 242-1779.

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Among the many changes in the Texas Penal Code which went into effect on Tuesday, September 1, 2009, is HB 176 relating  to Penal Code Section 22.02 which is the statute addressing the crime of Aggravated Assault.

The law was amended to provide that Aggravated Assault, which in most instances is punishable as a second degree felony, is punished as a first degree felony, if the actor is in a motor vehicle, and knowingly discharges a firearm at or in the direction of a habitation, building , or vehicle , and is reckless as to whether the habitation, building, or vehicle is occupied, and in discharging the firearm, causes serious bodily injury to any person.

Under the previous law if someone was shot in a drive-by shooting and injured seriously, even if the injury was as serious as paralysis, the punishment for the accused was limited to a second degree felony. The new law could mean up to life in prison for a drive-by.

If you are in need of the services of a Houston Criminal Defense Attorney call Texas Board Certifed Attorney Mario Madrid at 713-877-9400.

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As a DWI Lawyer in Houston, Texas I see many of the issues surrounding a DWI charge.  The public wants to cut down on DWI related accidents, defendants get falsely accused of DWI by a machine, and cops vigilantly arrest anyone that admits to drinking. 

DWI concerns in Japan and the United States has the Nissan and Toyota automobile companies developing a device that will shut down the vehicle if sensors pick up excessive alcohol consumption.  I wonder if this be a standard item on all automobiles or an optional feature.  If it is an option, I wonder how many people will be willing to add it to the purchase price of their new car?

If you need the help of a DWI Attorney call our law firm at (713) 242-1779 or click here to visit our website.

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A lot of new laws go into effect today.  I will discuss the more pertinent criminal law related ones in the near future, but I wanted to mention the new family violence admonishment that the court is required to give anyone before taking their plea.  They must use the following statement:

 "If you are convicted of a misdemeanor offense involving family violence where you are or were a spouse, intimate partner, parent, or guardian of the victim or are or were involved in another, similar relationship with the victim, it may be unlawful for you to possess or purchase a firearm, including a handgun or long gun, or ammunition, pursuant to federal law under 18 U.S.C. Section 922(g)(9) or Section 46.04(b), Texas Penal code. If you have any questions whether these laws make it illegal for you to possess or purchase a firearm you should consult an attorney."

The current plea admonishments used in Harris County, Texas Misdemeanor courts do mention that it is unlawful to possess or transfer a firearm or ammunition, but it was not as detailed as the new required admonishment.  Either Harris County, Texas misdemeanor judges will begin orally informing an accused or we will be seeing new written admonishments in the near future.

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