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

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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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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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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The courts of  Harris County, Texas are always attempting to monitor a person's alcohol consumption when charged with a DWI. There are several reasons the court attempts this, mostly it is because as a condition of probation a person is not allowed to consume alcohol. Another is because a person has been previously convicted of an alcohol related driving offense and now there on bond in their court. The ways the court has tried to do this include:
 

• by ordering for urine analysis,
• random alcohol screenings,
• installing breath reading equipment in your home or vehicle (interlock), and
• ordering the SCRAM Device

The SCRAM (a Secure Continuous Remote Alcohol Monitor) allows the court to monitor your alcohol intake continuously.

When the SCRAM device is ordered by the court, a person will be fitted with a tamper-resistant ankle bracelet made up of two boxes. One box will conduct the tests that will compute your BAC (blood alcohol content). The second box stores the calculations and transmits the data. The SCRAM device is designed to test your BAC level every hour. If the device detects any alcohol in your system, the test repeats every thirty minutes.
 

There are many different reasons the court orders a SCRAM to be installed. The reasons include being convicted of alcohol related offenses in the past; a person states that do not have a vehicle to install the guardian interlock, or a judge that finds it to be the best way to monitor an individual.
 

The SCRAM device is expensive.  You will have to pay a refundable $100 deposit, a $75 fitting fee, and a weekly fee while you are wearing the device . Most importantly, the fees must be paid in full before the device is installed and fitted.

 

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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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Yo hablo espanol....(713) 225-1038.  Si necisita un abogado llamanos.  Habla con abogado gratis!

Oprima aqui para un website de abogados en Houston en Espanol.

Houston abogado.

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