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

"I've replayed this scene in my head over and over, wondering if there was any way  this could have turned out differently. What if I had worn a different shirt? What if I hadn't gotten my dates mixed up? What if I refused to talk until I had a lawyer present? I would have a lot of time to think about my situation: That was the last time I walked in anywhere as free man for the next eleven years"  Those are the words of Ronald Cotton as is the picture above. They are from the book Picking Cotton by Jennifer Thompson-Cannino, Ronald Cotton and Erin Torneo. It is a must read for anyone who works in the Criminal Justice System.

It tells the true story of Cotton, who was picked out of a lineup by Thompson, a college student, as the man who broke into her apartment and raped her. He was innocent but spent eleven years in prison before DNA exonerated him. After he was released from prison Cotton and Thompson forged a friendship. I don't think I'm giving anything away in telling you that, it is on the inside cover.

The book does an excellent job of demonstrating how Eyewitness Misidentification can lead to wrongful arrest and conviction. Anyone that has ever tried an Aggravated Robbery or Aggravated Sexual Assault, understands the importance that  eyewitness identification plays in trial. It also gives an example of why an accused must speak with an experienced criminal defense attorney before he/she speaks with the police.

When Cotton heard he was accused he figured he could go down to the police station and clear things up before he went into work. "I don't need an attorney, sir. I didn't commit this crime and I want to get this straight." That is what Cotton said before he spoke withe the police. He had an alibi. But, when he made his statement,he was nervous and confused and mixed up his dates. He came across as a liar even when he had witnesses to support the truth of his alibi. This helped lead to his conviction.

As Houston Criminal Defense Lawyers we often get calls from potential clients in this exact position. Anyone facing this situation must understand that you have the right to REMAIN SILENT. You also have the right to speak with an attorney and have an attorney present during questioning . Take advantage of your rights and if you have time read Picking Cotton.

If you need to talk to a lawyer about your criminal case please call our law firm at (713) 225-1038 for a free consultation.

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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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I have been going to Sugarland, Fort Bend County, regularly so I took the time to speak with a colleague who also practices there and he told me that he has experienced a significant rise in his business.  It seems like violent crimes such as aggravated assault, and aggravated robbery have increased throughout Fort Bend County. Typically, when serious crimes like these increase other less serious crimes like Assault, DWI, and Theft also increase.

You will need an experienced defense attorney to fight your criminal case.   Please call our office  at  (800) 724-1876 for a free consultation or visit our website at www.mmalaw.com.

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