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

Part of my job as a Houston Criminal Defense lawyer is to negotiate on behalf of my clients.  In all cases the assistant district attorney (ADA) handling my client's case will make us an offer to settle the case in lieu of a trial.  In some instances, the ADA will not be able to make a reasonable offer.  If we decide that we do not find the offer to be appealing we reset the case to come back another day.  Most of the time, the ADA will keep the offer available and will let me know if they plan on withdrawing the offer at some point. It is not standard practice for an ADA to retract an offer before we formally reject it.  This rarity occurs when a new ADA is assigned to a case and they disagree with the offer that was made by their predecessor.  Recently, I had a client decide that they wanted to accept the last offer made by the ADA the day before his next court setting.  Since it was not a jury trial and I did not know that a new ADA was assigned to their case you can imagine what happened next.  The offer was doubled by the new prosecutor.  Despite detailing to the new ADA how we arrived at the proposal the offer was withdrawn.  I was surprised with their final decision and I was left trying to explain this to my client.  This left us with the easy decision of rejecting the new offer and proceeding to trial.  Fortunately, a person accused of a crime is presumed innocent and the fact that they were willing to plea guilty at one point is excluded from their trial.

This situation can happen in any type of case from a simple marijuana possession to a Murder.  It is most likely to happen in a felony case.

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It is not widely known in Texas that April 20th is celebrated as a holiday for marijuana users across the country.  In fact, High Times magazine holds its annual beauty pageant on this day.  Typically, you will find Ethan Hawke, James Franco, and Keith Richards attending the party.  Of course, Snoop Dog never misses the event.

I wonder what will happen to this event once marijuana becomes legal across the country?

If you need assistance with a marijuana 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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Would you smoke marijuana if it was legal?  As a Houston Criminal Attorney I definitely see that the pendulum has swung toward decriminalizing or legalizing marijuana in the United States.  NPR goes one step further and explores how the United States would look with marijuana being legal.  Most interestingly, the NPR poll  results are 91% in favor of making this happen.

Whether you are charged in Houston, Clear Lake, or Sugarland our law firm can help you.  If you would like to speak to a lawyer contact us at (713) 225-1038.

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As a Houston Criminal Defense Attorney I pay close attention to the national news concerning legalization of marijuana.

Perhaps, it was the way the question was asked, but President Obama was clear that he did not feel that legalizing marijuana would help our economy.  In fact, he was quite flippant with his response for a question that he admitted was asked a lot about by the general public.  This from a President that is an admitted "inhaler" of marijuana.

As most of the responses suggest, you do not need to be a criminal defense attorney to know that the Government is wasting a lot of money prosecuting marijuana cases. 

If you would like to speak to lawyer concerning your drug case contact our law firm at (713) 225-1038 or visit our website at www.mmalaw.com.

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A short, but insightful interview with Fernando Henrique Cardoso, president of Brazil from 1995-2003, details what most criminal defense attorneys already know and advocate for everyday.  The drug problem is a health problem.  Thus, we need to seek treatments for these individuals in order to reduce the demand of the drug trade.  Cardoso is also forwarding a report to the United Nations to serve as a catalyst for countries to decriminalize marijuana since it accounts for 90 percent of the drugs that are consumed.

If you need assistance with your drug 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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 It has been some time since Texas lawyers were not allowed to advertise.  Traditionally, there are several ways that lawyers have marketed themselves such as direct advertising, commercials, and billboards.  Today, more progressive attorneys have moved to the Internet.  A Los Angeles criminal attorney, Allison Margolin, markets herself via youtube as "LA's Dopest Attorney."  I suspect based on Ms. Margolin's credentials she is doing well.

  It is a shame that Big Moe passed away in 2007 perhaps I could have enticed him to shoot a video with me in the "Syrup City."  I wonder what the State Bar of Texas would say to this form of advertising? If you need assistance with a drug 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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There are many ways that the Internet helps our lives.  Despite all the benefits that the Internet provides there is constant worry that the Internet is going to intrude into our private lives.  Perhaps, the day of working cameras at every corner like in the film Enemy of the State will be here before we know it.  Evidence of the "Internet Police" was shown recently when google earth assisted a Swiss police agency to find a field of marijuana.  Be careful Robert because Brill is still watching you....

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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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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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As a criminal defense attorney I wonder if Texas is ready to become the next state to allow marijuana possession legal for medical purposes? It might be if HB 164 becomes law.  The bill would make Texas the fourteenth state to make possession of marijuana for medical purposes legal.

Frankly, I am not sure if the legislature is ready to go that far at this time.  Recently, they made it optional for a police officer to arrest someone for a misdemeanor amount of marijuana.  I have mentioned before that despite this law the Harris County District Attorney's office refuses to accept charges if the arresting officer chooses to give a person a citation to appear in court.  In fact, the previous administration lobbied against the bill.  I am curious to see if the new administration starts accepting citations for low level amounts of marijuana possesion and forms an opinion regarding the medical marijuana defense.

If you find need to talk to a lawyer about your current marijuana case please call our law firm at (713) 225-1038 to speak us for free.

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Do you remember Jerry's girlfriend that was able to persuade anyone to get what she wanted?  In fact, she was able to get out of traffic ticket by flirting with the police officer in the Seinfeld episode titled "The Calzone" despite Jerry admitting everything.  Well not even a extraordinary persuasive person like that will able able to convince Houston, Texas area police officers to write them a citation for being in possession of a misdemeanor amount of marijuana despite the law allowing them the opportunity to do just that in the appropriate situation.

Last year the law changed where an officer has the option to arrest someone or simply write the person a citation for being in possession of less than four ounces of marijuana.  In fact, Austin police officers hope to start the policy by the end of the year.

Since Houston, Harris County, Texas  has a notorious overcrowding issue in their jails you would think they would embrace this law. " Not on my watch your not" said Former Harris County District Attorney Chuck Rosenthal bluntly...he notified all the police chiefs in Harris County that if their officers want to follow the new law and issue citations, the DA's office would not accept the charges.  He flatly refused to recognize this law.  Even several months after Chuck Rosenthal's resignation from the District Attorney's office the policy has not changed in Harris County.

Here is hoping that whoever becomes the new Harris County District Attorney recognizes this law and values the good it could do for the overcrowding issues that are occuring in the Harris, County Jail.

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

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