Pssst....necesita un abogado en Houston?

I thought the days of Tom Zarate were behind us at the Harris County Criminal Justice Center.  For everyone that does not remember Mr. Zarate he was a lawyer at the courthouse notorious for arriving early and soliciting Spanish speaking defendants that were not represented by an attorney.  He would offer his services to mostly downtrodden people.  A non lawyer would say what is wrong with doing that?  Well the state bar of Texas states that it is unethical for a lawyer or a lawyer's representative to approach someone and offer their legal services.

I was disappointed to see that someone seems to be going the Zarate route for acquiring clients.  For the second time, I have seen a man approach a non English speaking person by the elevator banks and ask them if the were represented by a lawyer.  While I do not know this person or who he works for I do know that he is not an attorney because of the way he is dressed, and he merely sits in the courtroom without approaching the bench.  Even though this person is only approaching Spanish speaking people it is only a matter of time before they are busted for soliciting clients and the lawyer they are representing is reprimanded.

Si udsted necesita un abogado en Houston oprima aqui.  Tambien puede llamar ha (713) 225-1038.

Houston...Yo Quiero Probation!

While I understand that the Harris County District Attorney's Office (HCDAO) has a policy of not offering undocumented defendants probation for any case the law disagrees with their position.  Despite the fact that I understand the policy does not mean that I have to agree with it. 

 Recently, I was representing a young woman that was charged with a misdemeanor.  Her parents brought her to the United States when she was just an infant.  She did not play a role in coming to this country herself.  She went to school in Houston and is currently attending college.  She is on target to graduate in one year from  the University of Houston.  She has never visited the country where she was born.  The life she knows is in Houston.  However, according to the HCDAO because she is undocumented she is not being offered the chance to complete probation as punishment.  This is merely a political position by the HCDAO.  The HCDAO is without merit and mistaken.  In fact, some younger prosecutors that I have come across are under the belief that she is not eligible to receive probation at all.  Luckily, this is not the case.  The HCDAO may not offer her probation, but this does not mean that she is precluded from receiving this from a judge or a jury.  When the HCDAO sets a policy it needs to inform the junior prosecutors that despite making this their policy it does not make it the law.

Para personas hispanas:  Escoje un abogado en Houston que hablar Espanol!  Uds. puede recibir probation sin embargo que este en este paiz sin documentos.