Houston Criminal Law Journal by Texas Lawyers covering DWI Drunk Driving Arrests, Criminal Defense Charges, Drug Possession, and Assault

Early voting for the 2010 Texas primaries has started this week.  I am not going to suggest what candidate to vote for, but I have noticed some things that annoy me.  First and foremost, a candidate for any criminal bench should be a practicing Houston criminal attorney.  It is arrogant that someone that has not worked as a defense attorney or a prosecutor believes that they can magically put on a black robe and be able to preside over criminal cases.  If you have never even seen a DWI trial how is someone qualified to judge one.  Also, any lawyer that is running for a felony court bench should routinely be handling felony cases as part of their practice.  Unlike a misdemeanor court the consequences in a felony are much more severe.  We are talking about the potential of someone spending the rest of their life in prison in a felony court.  If a person has not dealt with these types of cases as a lawyer on either side of the bar what makes them think a week at a judicial school will give them the knowledge.  A person may take a scuba class during their Mexico vacation, but that does make them capable of diving for the remains of the Titanic. Lastly, if a person is not qualified enough to pass the felony appointment test they have no business being a felony judge.

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As a criminal defense lawyer you need to display composure when things do not go your way.  You need to be able to communicate logically with your client when they insist that they were not at the scene of the crime, even though the prosecutor has produced a picture of your client taken with a gun in their hand at the scene.  Our clients need to know that we are on their side and ready to represent them to the fullest extent despite the allegations and evidence against them.

Recently, I had a difficult time explaining to one of my clients that after reaching an agreement with the prosecution, the judge rejected the agreement.  In every case the there is a possibility that the judge may reject an agreed plea bargain.  Within every plea bargain agreement there is language that allows the judge to reserve the right to reject the agreement.  Luckily, the defendant is allowed to withdraw their plea if the judge decides to go this route.

Unfortunately, this was not any consolation to my client who, during a recent plea bargain, could not understand why the judge would not go along with the agreement.  A plea bargain is not something that is reached easily or quickly.  It is a long process and typically, it takes compromise between the prosecutor and the defense lawyer.  The process goes something like this; the client comes to court several times and when they think the agreement is satisfactory to them they relinquish their right to trial in order to enter into the plea bargain.

It is extremely frustrating to all parties when a judge hears a short synopsis from the prosecutor about the facts surrounding the case and then decides that they will not accept the agreement that was reached.  Now the client is frustrated and its back to square one.  At this point, the client typically asks one of the following questions; why did you as my attorney spend all that time trying to reach an agreement with the prosecutor if the judge was going to reject it anyway?  Why did I agree to pay back all the restitution that is owed?   Why didn't you reach an agreement with the judge first?  The answer is because the judge can and gives the final blessing to the plea bargain. 

I understand that the judge's role is to determine what is in the best interest of society, but how can they determine that with only a couple of minutes of facts relayed by the prosecutor.  At the very least, the judge should speak to both attorneys especially if they are leaning towards rejecting the plea bargain.  It becomes an emotionally charged event because the client senses things are going badly.  At this stage, their body language changes, they can not speak as clearly, and most of all they become nervous and confused about the proceedings.  This in turn makes the judge less likely to accept the plea bargain because they tend to interpret this behavior negatively.

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As a Houston Criminal Defense lawyer I look forward to my next trial.  However, after a year of going to court and trying cases I now look forward toward to my docket slowing down.  Typically this happens on the last two weeks of December since this is the only time that since jury summons are not mailed out during this time of the year.  For this reason, I try to catch up on the things I neglect throughout the year.  For example, I try to schedule as many doctor appointments as I can during this time and take my longest vacation of the year.

Once the new year starts it is a different story.  The month of January is already full for me with trials.  I have at least one case set for trial each week of the month, if not more.  Luckily, I try to avoid both myself and my business partner being in trial at the same time so we do not neglect our otter clients.  At Madrid, Martinez & Associates we appreciate that our clients do not want to be waiting around all morning when they could be back at work.  It never fails that the first two weeks of January are go, go, go since the courts have delayed trials from end of the previous year.

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The snow that fell in Houston today caused most of the people at the Harris County Criminal Justice Center to be even more eager to leave earlier than usual.  I had a court coordinator call me before the call of their docket at 9 a.m. to tell me that she planned on leaving early today along with the rest of the court due to the forecasted bad weather.  I figured that everyone will have the same plan today since it is Friday and the roads are going to be icy.  Myself, and a few of my friends had a chuckle about the city of Houston being paralyzed with a snow flurry when other cities around the country deal with this all the time without any trouble.

As I have said before, having a courthouse badge and parking in the Harris County parking garage allows me to avoid the inclement weather.  Today, I had a heavier suit on, but I did not need a topcoat or umbrella since I did not step outside.  I simply used the tunnel system from the garage to the criminal courthouse. 

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                                                                                                                                                                         Judge Marc Carter, a United States Army veteran, and presiding judge of the 228th District Court of Harris County, will add to his judicial duties.  He will be presiding over a new Veterans’ Court Program in Harris County, that will be the first of its kind in Texas. The goal of this court will be to give a second chance to veterans facing criminal charges. 

The court will aid veterans who turn to drugs or alcohol because of a brain injury or post-traumatic stress disorder related to combat. The Harris County Commissioner’s Court approved a six-month pilot of the veterans’ court earlier this month, that will assist honorably discharged veterans or current members of the military who suffer from mental illness, mental disorder and/or substance abuse because of their military service. In order to be eligible for the pilot court a felony or misdemeanor defendant must be probation eligible and want treatment. The probation will require a defendant to undergo six months of treatment for substance abuse or mental illness at the Michael E. DeBakey Veterans Affairs Medical Center in Houston.

If you or someone you know needs the assistance of a Houston Criminal Defense Lawyer or a Houston DWI Attorney contact me at (713) 225-1038,

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You may have seen a group of hispanic judges being escorted around the courthouse today.  I saw them in Judge Jean Hughes' court, Harris County Criminal Court at Law #15, and Judge Mark Atkinson's court, Harris County Criminal Court at Law #13.  The visiting judges are from the tiny south american country of Ecuador.  They were studying the Harris County criminal justice system.  seemed to be intrigued by this thing we call probation.  The reason for this is that the Ecuadorian system does not have this available to a defendant that is guilty of a crime.  Can you imagine living in a country where an accused does not have the opportunity to make bail or where the court system does not believe in rehabilitating anyone that is convicted of a crime?

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I have always had a mobile phone since I became a criminal defense attorney  in Houston over ten years ago.  I do not know how anyone practices law without one in day and age.  I know several lawyers that practice with me in Houston that refuse to use a cellular phone for work.  Others, still rely on a pager for the courts and clients to get a hold of them when they are out of the office.   Today, as fate would have it, my blackberry phone was inoperable so I got a taste of what it would be like to practice law without a phone.  It was frustrating to be inaccessible to everyone that needs to get a hold of me for work purposes namely my office, the court or my clients.  Additionally, it was difficult to properly calendar my court resets.  I guess it was my fate after my semi critical blog the other day about the medical profession's unwillingness to provide their patients with a proper means of getting a hold of them.  Perhaps, it was Karma getting back at me since I am going to the U2 concert tonight and I was critical of their decision to have Blackberry to sponsor this tour.

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Ever since the Unites States Supreme Court decided the Gideon case the legal system has dealt with the issues regarding the appointment criminal lawyers for indigent defendants. After much debate, the Harris County Commissioner's Court is going to install a Public Defender's Office in our county.  Additionally, it hopes to revamp the current court appointed system that is in place.  The Harris Criminal Lawyers Association is at best split on this issue.  The Harris County District Attorney's Office does not have an opinion.  The general public is typically misinformed, or suffers from apathy unless a friend of family member is involved in the system.  The last time I checked there were less than twenty comments for the article that was in the Houston Chronicle about this issue.

The current system in place allows each court to select a lawyer to represent a person that has been found to be indigent.  The selection is done randomly by the court on a case by case basis.  Each attorney that is on the list must have the required qualifications, pass a test promulgated by the State, and show an ability to handle the seriousness of the case.  Additionally, there are several courts that staff their courts with their own attorneys that they have selecting thereby bypassing the random selection of lawyers to handle the cases that qualify for indigent representation.  The vast majority of the defendants that are found to be indigent are in jail.

I am unclear how the "Hybrid" system is going to accomplish its goals.  On one hand, the proposal hopes to reduce the amount that is paid to attorneys, and better manage their case load under the current system.   The reality is that this is not feasible.  Public defender offices are notoriously overworked by the court system.  In fact, the Florida Public Defender's Office resorted to filing a lawsuit in order to keep their case load at the recommended amount by the Bar.  Moreover, several PD Offices have budgetary problems throughout the country.  The current system of appointing system private attorneys does not pay for that lawyer's support staff, office, health insurance, or retirement.  These are costs that do not go into the studies conducted for the current proposal.

The other issue that the new system hopes to address is the overcrowding in the Harris County Jail.  This is not going to happen unless the county changes a few things.  As a mentioned above the vast majority of people that receive a court appointed attorney is in jail.  Typically, a person is in jail because they can not afford to pay a bond.  The bond amounts in a felony case ranges from $2,000 to $1,000,000 depending on the case.  A few defendants do not get a bond.  Unless, the county is willing to take another a look at the bonding schedule or start approving pre trial releases for felony cases where a defendant is not  required to pay a bond before his case is settled the jail overcrowded number are not going to decrease.

I hope the general public is not thinking that the Public Defender's Office will be able to sprinkle some magic dust to cure all the problems with the Houston criminal justice system by itself.

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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) 225-1038.  You should talk to us before talking to the police.

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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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There has been a lot of discussion recently on the Houston Criminal Lawyer blogs regarding a specific attorney that has been posting negative reviews about  his colleagues online while inflating his own online presence.  While I was not bashed personally, the actions are no less despicable!  Any lawyer that would talk poorly of another is insecure, lacks credibility, and is dishonorable.  This type of behavior does not belong anywhere in life.  Would someone really hire a lawyer that disparages every other attorney?  The truth is that there are many outstanding Houston Criminal Attorneys.  Since a criminal case takes several months to years to resolve a person should chose the lawyer that they feel most comfortable with and trust wholeheartedly with their criminal case.  This should be done after thoroughly checking the Texas State Bar for any disciplinary penalties as well as checking websites like Avvo.com where lawyers are reviewed independently.  You will not hear me denounce a colleague for a business advantage.  The bottom line is you should research the attorneys you are initially interested in hiring, meet with a couple of them in person while hiring the best fit for your particular case.

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Anyone that has been in the unfortunate situation of going to the Harris County Courthouses downtown knows how difficult parking can be to find near the building.  Starting today the parking situation is going to be even worse because the county has taken away the biggest lot across the street from the courthouse to start building a new jury assembly room.  Therefore, give yourself more time to get downtown because if you are running late you will not have the ability to park close to the courthouse.

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In case you missed it the Harris County Commissioners Court decided to appoint a Jail Czar to act as a liaison between the Harris County Judges and the Harris County Jail.  Caprice Cosper, former judge of the 339th district court, will serve as the Jail Czar.  I have personally seen Judge Cosper tirelessly work for the fair treatment of anyone charged with a criminal offense in Harris County.  Thus, I have no doubt that she will do the same job when it comes to seeing that a person is treated appropriately while incarcerated in the Harris County Jail. 

If you need help avoiding a jail sentence please contact our Houston Criminal Attorney law firm at (713) 225-1038 or just click here to visit our website.

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As a Houston DWI Attorney I am grateful that the Harris County District Attorney's Office is implementing the DIVERT Program.  One question that has gone unanswered thus far is whether a DWI with a child passenger, a felony, will qualify for the new program?  I am hopeful that the administration will treat this first time offender the same as one that is charged with a misdemeanor.

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A lot of discussion has occurred the last of couple of weeks concerning the DWI Pretrial Diversion Program around the Harris County Courthouse.  Luckily, this has also opened the door for other types of cases to be more easily considered for pretrial diversion.  I have personally encountered prosecutors being receptive to a pretrial diversion for theft, possession of marijuana, and possession of cocaine cases.  In the past, a request for a pretrial diversion was akin to asking for a prosecutor's first born in Harris County.   For the sake of anyone accused of a crime I hope this trend continues.

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Now that the Harris County District Attorney's Office is going forward with the pretrial diversion program  for DWI cases should judges inquire if each defendant that is entering a plea of guilty before them has been made aware of this opportunity?  A judge's role is to protect everyone's rights.  Therefore, if the judge has an inkling that the person before them may qualify for a pretrial diversion for their DWI case and has not been informed of this possibility by their attorney for whatever reason the judge should caution the person about the consequences.

I realize that there a lot of variables in each case, and the plea admonishments discuss essential rights, but this new program changes the playing field for all DWI attorneys in Houston.

If you have any questions regarding a DWI in Texas please contact a Houston DWI Lawyer at (713) 225-1038.

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I am always amazed when I approach the Harris County Courthouse and witness other Houston criminal attorneys making a line outside to get into the courthouse.  I was one of the first to get a badge when they became available a few years ago.  This has been a benefit to me and my clients.  By having the badge I do not have to wait in line during our oppressive summer heat or a rainy day.      I hear the complaints from my colleques that they will not pay for a badge until the prosecutors start paying for their badges as well.  This does not make sense to me.  They are not proving a point to anyone they need to spend the $50 and get into the courtroom to start fighting for their clients.  Otherwise, they are wasting everyone's time. 

By the way, these badges will allow someone to bypass the lines in all other buildings like the Family Law Center, Juvenile Center, Civil Courthouse, and the Houston Municipal Court.

If you would like the help of one of Houston's best criminal lawyers contact our law firm at (713) 225-1038.

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Adrian Garcia, Harris County Sheriff, admits that a new jail in Harris County, Texas is necessary to avoid any lingering problems with his jail.  I hope that the Sheriff informed the Commissioner's Court of his position.  Essentially, his stating that even if the problems are fixed only more problems will arise in the future unless a new jail is constructed. What is being done with the $5 million dollars he was recently given to address the jail conditions?  As a Houston Criminal Attorney this is discouraging news.

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As a DWI Lawyer it is my job to monitor what the courts are doing with defendants in their courts.  For example, what ever happened to being presumed innocent?  Just this week I overheard a judge reprimanding a person on bond for DWI that his driving habits were not "normal" according to his interlock log.  I almost fell out of my chair that the court  would be monitoring a person's driving habits so closely when they are only accused of a crime.  The judge went as far as threatening to add the scram device as an added condition to the poor guy's bond. 

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During Pat Lykos' campaign and when she took office she mentioned that the Harris County District Attorney's Office will be more receptive to granting pre-trial diversions.  I was extremely encouraged by this commitment by the new District Attorney.   A pre-trial diversion is a dismissal in waiting.  In other words, the State agrees to enter into a contract with a defendant agreeing to dismiss their case if specific contractual obligations are fulfilled by the defendant.  Typically, it is similar to community supervision, but there is no plea before a judge.  Once the defendant finishes the agreed upon terms the case is dismissed.  Thus, the defendant becomes eligible for an expungement after the statute of limitations has run its course.

As a criminal defense attorney in Houston most of my clients would jump at the chance to obtain a pre-trial diversion.  Nevertheless, in the past the District's Attorney's Office has been extremely rigid when entering into these contracts.  In fact, I would say that less than one percent of cases filed are given a pre-trial diversion.  Recently, I have witnessed that prosecutors are becoming more receptive to my requests for pre-trial diversion.  In fact, I just had one granted this week.  Hopefully, the trend continues. 

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As a Houston DWI Lawyer I like to inform my clients of what to expect in a DWI case.  I tell my client's that they need to be careful what they wish for in a criminal court case.  For example, a lot of people want to avoid having the interlock installed in their vehicle by telling the court that they do not have a car.   Typically, the court does not just take your word.  The court asks our client if there is any vehicle in their home that they have access to use.  Also, the court makes the person sign an affidavit stating they will not be driving any vehicle while they are on bond for their DWI case.  The consequences of being caught driving under this scenario is severe.  You could be arrested for driving while your license is suspended.  If this is the case the Judge may revoke your bond, and the Judge may also refrain from granting you an occupational license in the future.  Lastly, many courts will order our client to get the scram device installed if they claim that they do not have a vehicle to drive.  Most people say "no problem" until they realize that it will cost them $12 a day or $400 a month to have this device.  This is a significant amount considering that a DWI case may take from two to six months to complete.

If you have any question concerning your DWI case please visit our website at www.dwiattorneysinhouston.com or call us right now for a free consultation (713) 225-1038,

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Judge Mark Atkinson, the presiding Judge of the Harris County Criminal Court at Law #13,  has been invited to lead a judicial misson in Poland. 

Previously, Judge Atkinson accompanied a delegation of criminal justice professionals on a mission to the western region of Poland, including Gdansk and Poznan, where he was asked to observe sentencing practices of judges and probation/parole officials. Upon his return, his observations were published in the summer, 2006, issue of “Executive Exchange,” a publication of the National Association of Probation Executives.

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As a Houston Criminal Defense Attorney I must admit that I was shocked when I heard a rumor regarding the Harris County District Attorney's Office implementing a new policy whereby prosecutors would not offer probation to an accused unless the accused swore to be residing legally in the United States.  One of my close friends, that is a prosecutor himself, confirmed not only that this is fact, but there will be a document that a defendant will need to swear to before a plea agreement is finalized. 

This new policy wrong on several levels.  It seems to be politically motivated.  Pat Lykos, the District Attorney of Harris County, was elected to uphold the law of the state of Texas.  The policy may seduce the most steadfast of conservative Republicans in Houston and beyond, but it is misplaced and a subtle form of racism.  It is very easy for people to say "He is an illegal get him out of our country."   However, the law states that anyone that is in this country is presumed to be here legally.  Also, every person in this country  has a 5th amendment privilege regardless of their status.   On one hand, by requiring anyone that is undocumented to swear that they are here legally before receiving probation the District Attorney's Office is encouraging them to commit perjury.  On the other hand, if the defendant tells the truth the consequences are twofold.   They will not get the probation and they have given the Government evidence to prove that they are committing a Federal Offense.  What competent criminal defense attorney would advise their client to do anything other than to remain silent?  Thus, the District Attorney's office is punishing a defendant for exercising their right to remain silent and that is a clear constitutional violation. 

Below is a copy of the 5th Amendment.  Perhaps, the Lykos administration should give it a read if they have done so in a while. 

No person shall be held to answer for a capital, or otherwise infamous crime, unless on presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

With this new policy the Harris County District Attorney's Office is disregarding Texas law.  For example, the law in Texas clearly states that low level felony drug possession for first time offenders is a mandatory probation.  The law does not differentiate between those that are here legally and those that are undocumented.  The Lykos administration is essentially stating that they will not follow Texas law.  Correct me if I am wrong, but the last time I checked our District Attorney was elected to follow the laws of Texas.

More practically speaking, what defense attorney that has a client on bond that is undocumented will enter into any type of plea bargaining when they know that a prosecutor's hands are tied when it comes to getting probation for their client.  A competent criminal defense attorney knows that a jury is not precluded from granting an undocumented person probation.  Additionally, any potential juror that can not consider granting probation for someone that is undocumented should be exposed during voir dire and kept from serving on the jury.

My hope is that Harris District Attorney's Office reconsiders this policy and decides that despite being a hit politically legally it is without merit.

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Anyone that has been to the Harris Criminal Justice knows what a madhouse it is between the 8:30 and 9:00 a.m.  That is why I enjoy that a few courts in the courthouse start earlier then 9 am.  This is beneficial for both my clients and me. It allows me to properly space out my day.  I know that I will be in the earlier starting courts first.  My clients know that I will be going to their court promptly and they are likely to be first ones to leave the courthouse.  Also, they get to avoid most of the chaos that occurs in the morning  There are two misdemeanor courts that start at 8:30 a.m.  These courts are the County Criminal Court at Law #4 where Judge James Anderson presides, and County  Criminal Court at. Law #15 where Jean Hughes presides.  The felony courts that also start at 8:30 are the 262nd District Court where Judge Mike Anderson presides, the 228th District Court where Judge Marc Carter presides, the 232nd District Court where Judge Mary Lou Keel presides, the 183rd District Court where Judge Vanessa Velasquez presides.  Judge Larry Standley who presides over County Criminal Court at Law #6 starts his docket at 9:30. 

If at least one court in each of the floors would adjusts the starting times to before or after 9 am a lot of the difficulties that public encounters in the mornings for court would be alleviated.

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Despite being a criminal defense attorney in Houston this news does not make me feel any better, but the Detroit Crime lab is experiencing similar issues that Houston's crime lab faced.  Hopefully, Detroit will look to Houston for guidance in trying to clean up a crime lab.

 I wonder what it will take before the general public will view this type of evidence more closely before potentially convicting an innocent person.

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I like to refrain from commenting on local criminal cases, but Emilio Navaira's DWI case illustrates several different aspects about a criminal case in Houston that are important to note.  First, since his injuries were severe it showed that the accused needs to be competent to stand trial.  Second, it depicts how long a DWI investigation can last. In this case it was close to a year.  Third, it illustrates how the Harris County District Attorney's Office still may charge Emilio with intoxication assault since other people were injured in the accident. 

Emilio was smart to post a non arrest bond when he was notified that there was a warrant for his arrest. This allowed him to skip being formally arrested and booked into a jail.  Moreover, his bond would have been set around $1,000 because he only has one previous criminal conviction.  However,  he was also charged with his second DWI in Bexar County before this incident raising the bond in this case to $5,000. Also, he signed an affidavit stating that he did not own a vehicle to the Bexar County Court, therefore the reason that he needed to do this is because the law provides that in this situation the accused must install an ignition interlock device in their vehicle.  A person that does not own a vehicle also signs this type of affidavit in Harris County, Texas, but in a lot of courts the person must also get fitted with a scram device. 

On the bright side, while Emilio looks to the non-criminal lawyer to be a third DWI offender under Texas law he is actually still considered to be a second offender  because he has never been convicted of  a second DWI.  This is significant to mention since a third offender would be facing up to ten years in the Texas Department of Corrections instead of one year in a county jail for a second DWI offense.

Mr. Navaira's case will be heard in the Harris County Criminal Court at Law #11 where Judge Diane Bull presides. 

If you need assistance with your DWI case please contact our law firm at (713) 225-1038 or visit our website at www.dwiattorneysinhouston.com.

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Recently, one of my Fort Bend County clients that is a first time DWI offender could not believe that this is possible or that anyone could put themselves in the position to go to prison for life.  Since DWI is an escalating crime it can happen.  The most common way occurs is when a person has had two prior DWI convictions and has gone to prison on two separate occasions for any crime.   Another way is if the person has two prior DWI convictions and on their third arrest a death occurred.  In this instance, the person is charged with Felony Murder.  The allegation is that while committing the felony of a Third DWI the person caused the death of a person. 

As you can see, DWI convictions have significant long term consequences whether it occurs in Fort Bend, Galveston, or Harris County, Texas.  Thus, I inform all my clients that it is imperative to be ready to properly defend their DWI case from the outset.  If you have any question regarding your DWI arrest please call our office at (800) 724-1876 or visit website www.mmalaw.com.

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Those of us that have been Criminal Defense Attorneys know better then to guarantee that a case will be dismissed based on the initial visit with a potential client.  Routinely, clients come into our office a state some form of the following: "Attorney A said he will get the case dismissed if I pay him X dollars.  My initial thought is if they really believed the attorney why are they here in my office?  I am sure they feel the same way or else they would not be visiting me.  My advice is always the same...if a lawyer in guaranteeing something get in writing because the truth is that no attorney can make such a statement without reviewing the case, talking to the assistant district attorney, and investigating all the facts.  I am always amazed that people believe these attorneys even after talking to competent criminal lawyers.  Do not forget that you are presumed innocent, but that does not mean that the prosecutor will automatically dismiss your case.

This does not change even if the crime occurred in  Fort Bend County, Galveston, or Harris County, Texas.  If you want to speak to an affordable, honest, and experienced criminal defense attorney call us at (713) 225-1038 or visit our website at ww.mmalaw.com. 

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I have discussed before how Harris County Judges treat those accused with their first DWI. There are a lot of judges that will go beyond what the law requires when someone finds themselves in court for their first DWI like requiring a person to install the ignition interlock device when they are involved in an accident .  Now MADD is pushing legislators to require anyone convicted of a DWI in Texas to get the ignition interlock device. This proposal is going too far.  Our DWI laws already provide a substantial hardship for someone convicted of a DWI. MADD likes to point out recent deaths that involved repeat offenders driving a vehicle.  In my opinion, relying on these instances is misplaced.  Why punish the first time offender when there are programs in place to make sure this does not happen again such as the Victim Impact Panel that is usually led by a MADD representative, the DWI School, and the drug/alcohol evaluation that a person undergoes when they are placed on probation.  Also, MADD overlooks that anyone that has an alcohol rate above rate over .15 when driving is required to place the device in their vehicle.  Texas law adequately deals with repeat offenders by requiring a hard suspension (no occupational license) for those convicted of a subsequent DWI within five years. Additionally, DPS license suspensions increase for repeat offenders,  MADD should focus their attention on someone other then the first time offender who usually has not been arrested before and is unlikely to re offend because of the traumatic experience of being arrested.  I am sure the "Benjamins" have something to do with this new crusade.

If you need assistance with your first DWI case in  the Houston, Texas area please contact our law firm at (713) 225-1038 or click here to visit our website.

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Since I have not worked much in Judge Herb Ritchie (337Th District Court) or David Mendoza (178Th District Court) I have not written much about their courts.  The one thing that both of them have done is taken the lawyers out of their courtrooms except for pleas.  I have not asked them why they have done this, but I suspect it is due to the graphic facts that we sometimes have to discuss in court.  For those of us that have been doing criminal defens in Houston work for a long time we find it easy discussing these facts, and the discussions while professional can be graphic and offensive to the casual observer seated in the audience.  For now, cases will be discussed in the jury room in Judge Richie's court and in the vestibule in Judge Mendoza's court.

If you need assistance with a criminal case in Houston, Harris County, Texas please contact our law firm at (713) 225-1038 or visit our website at www.mmalaw.com.  You will find our fees to be affordable.

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I have had several appearances this year in the 177Th District Court where Judge Kevin Fine is now the presiding judge.  I have noticed a refreshing change from the bench.  Judge Fine is really encouraging everyone who is fighting a drug problem to seek treatment for their addiction.  Most importantly, he has told me that he is an avid fan of early termination for people that elect community supervision.  Of course, the person must be doing well and have reached the required time to be eligible for early termination.  This benefits someone tremendously because the clock starts ticking to qualify for a motion for non disclosure if they received deferred adjudication.  Hopefully, this will be an ongoing trend in Harris County, Texas since I have found it onerous to get someone early terminated in the past.

I hope that Judge Fine continues his innovative thinking and maverick personality during his judicial tenture.

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When a client comes into my office I stress to them that they are presumed to be innocent.  I emphasize this because we are lucky enough to live in a country where that is the law.  Thus, I find it difficult to explain to my clients why a judge would order them to get an ignition interlock device for the vehicle if this is the case.   Frankly, I agree with them.  I understand if they have a previous conviction for DWI because the judge is required to order them to get the device.  Thus, we prepare them for this when they have multiple offense for DWI, have a high breath test, under the age of 21, or they were involved in an accident, but outside of these reasons they should not be required to bear the expense of this device.  Hopefully, the judges will start reevaluating this procedure during these stressful times.

If you need assistance with your DWI case please contact our law firm at (713) 225-1038 or visit our website at www.dwiattorneysinhouston.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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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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The new year has brought many changes at the courthouse. As criminal defense attorneys in Houston we 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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A Harris County Judge that I will not name, often admonishes defendants charged with Possession of Marijuana that if  they are going to smoke pot, smoke it at home. Yes, it is illegal, but you are more likely to get arrested if you are smoking in your car or carrying it on your possession.

Very recently I represented a client who would have been wise to adhere to this advise. My client is a boxing fan and wished to see his idol Oscar De La Hoya in the years most widely anticipated match with Manny Pacquiao. To that end my client (we'll call him Bob) headed over to his buddies who purchased the pay per view. On the way, Bob's car stalled out. A couple of teenagers walking by, decided to help Bob push his car. Although his night wasn't going as planned, Bob thought he could still make the fight.

Bob was wrong. A couple of minutes later  a cop pulls over to see whats going on. It shouldn't have been a problem, but is was. First the teenagers run off at the sight of the police. The policeofficer is now very suspicious and begins questioning Bob regarding the teenagers. Bob can honestly say he has no clue as to why they ran. The police officer asks Bob if he can search his car and if he has anything illegal. Bob is forthcoming and willing to consent to a voluntary search. But the search is not needed because Bob tells the cop that he has marijuana in his pocket. Busted. Now it looks like Bob will definitely not make the fight.

But wait, his luck turns. Because he is honest, the friendly police officer decides to confiscates the marijuana (saying he will destroy it) and Bob can go on down  the road.

Just when Bob thinks he will be home free, his luck turns back for the worse. A drunk driver plows into the officers patrol car. The officer and Bob were fine, but now there are other officers on the scene. The officer cannot now let Bob go.  He must explain why he had marijuana in his possession and a possible suspect. Bob is charged with possession of less than two ounces of marijuana, a Class B Misdemeanor that could affect his job and his driver's license. Of course he can possibly get the case off his record and get an occupational license, but if he would have just left the marijuana at home, he wouldn't be facing the the legal consequences.

Oh, and the Golden Boy got beat into retirement.

If you need assistance with your criminal case in Texas please contact our law firm at (713) 225-1038 or visit our website at www.mmalaw.com.

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Couples who are thinking of getting married at City Hall or the Justice of the Peace have another option. If you or someone you know is considering getting married through the Justice of the Peace in Houston or in the surrounding Harris County or Fort Bend County area, you should call Mario Madrid.

Mr. Madrid is an Associate Judge with the City of Houston and as such performs weddings. Rather than go to a courthouse that is impersonal and unattractive, exchange your vows at Mr. Madrid's office with spectacular views of the city from the 60th floor or if you prefer an outdoor weeding at the beautiful Water Wall downstairs.

Contact our office at 713-225-1038 for questions about available dates, times and fees.

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If your DWI breath test case was reviewed by Deetrice Henderson Wallace, a scientist hired by Houston area police agencies, to inspect Intoxilyzer machines you may be in luck. The Texas Department of Public Safety has invalidated all breath tests she reviewed.  Thus, your case may be found to be lacking sufficient evidence for a criminal conviction. 

I am confident that the Harris County District Attorney's Office will review each case individually in order to determine if they warrant a dismissal.  The problem that I foresee is that the DA's office destroys all DWI video tapes after the case is over.  Regardless, without a DWI tape or a breath test their DWI case becomes much harder to prove.  I think they are going to find it problematic to review a DWI case when their key pieces of evidence are missing.  Therefore, you may see more DWI dismissals by the Harris County Districts Attorney's Office after this announcement.

Ms. Wallace has been charged with the state jail felony of Tampering of a Government Record.  The range of punishment for a state jail felony is from 180 days to two years.  Her case will be heard in the 182nd District Court of Harris County, Texas.  The presiding judge of that court is Jeannine Barr.  I am curious to see what the outcome of this case will be considering the damage it has done to credibility of future breath tests.

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A Texas Department of Public Safety audit has revealed that the breath tests from eight Houston area police departments have been comprised because the test machines were not properly tested by the certified supervisor.  The machines in question are the breathalyzers that are used to determine if someone is legally intoxicated.

How is the Harris County District Attorney's Office going to handle this tricky situation.  Will current cases be dismissed?  Will there be any retrials of old cases?  I imagine that the prosecutors will have to evaluate each case like there is no breath test.  The likelihood is that you will see more breath test cases going to trial.  Thus, a misdemeanor prosecutor's job just  got harder.

DPS officials said they suspended the supervisor’s certification, and the Texas Rangers launched a criminal investigation.

“These are serious allegations and we will not tolerate any activities that call into question the integrity of the breath test system,” said Col. Stan Clark, interim DPS director.

If DPS was truly concerned with the integrity of the breath test system they would release the machine's software to the defense bar so it could be independently tested.  Until this happens the machine will never have any credibility.

Lastly, will we be seeing criminal charges against the supervisor?  It seems clear that he may be charged with falsifying government records, a felony.  Stay tuned.

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The Harris County Courthouse seems to be running at full speed now.  As of this week the courts are treating all criminal cases like normal.  The first week after Ike most courts allowed attorneys to get a reset for their clients without question.  Things have changed this week.  The courts are now asking for documentation and/or simply refusing to grant a second reset for a criminal case.  Most importantly, they are forfeiting bonds for those that are unable to attend their court settings.  The long lines outside the courthouse are back, and so is the wait to get an elevator.

Lastly, jury duty has resumed this week.  In fact, my business partner, Mario Madrid, a Criminal Defense Attorney in Houston, is picking a jury this morning.  I wonder if people are ready to serve as jurors during the post Ike and financial crisis time.  Hopefully, they can concentrate on their task if they are chosen as a juror.

If you need assistance with your criminal case in Houston, Harris County, Texas please contact our law firm at (713) 225-1038 or visit our website at www.mmalaw.com.

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