Houston DWI Lawyer | DWI Defense in Houston, TX

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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A common practice in Harris County, Texas criminal courts is for the judge to admonish someone that is accused of a crime before setting a case for trial.  I am not a fan of this tactic.  Typically, the scenario is like this:  The judge asks the prosecutor "What is Mr. X charged with....  Then the judge turns to Mr. X and says "well Mr. X I can not believe that the State is even offering you that.  Let me tell you that I will not accept any type of plea agreement once we set this case for trial in my court.  In fact, the maximum sentence for this charge is ____."  In this common scenario the judge is assuming that the person is guilty.  They are forgetting that the person before them is PRESUMED TO BE INNOCENT.  Also,  the judge's role is to be neutral.  I always give the example that the judge should act like a referee making sure that everyone is playing by the rules of the court.

In my practice, all of my clients are well informed and know the range of punishment.  I advise them of all their options.  While no lawyer can guarantee the outcome of the case I am there to protect my client and give them my opinion regarding all the possible scenarios.  A person is scared enough during the criminal process that they do not need a judge scolding them for asserting their constitutional right to a trial.

If you find yourself in the position that a judge is making you feel like you should take the deal being offered trust your attorney's advice.  If you do not trust your attorney's advice find another one quickly because you should value your attorney's advice above anyone else in that courtroom.

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