Monthly Archives:' October 2011
SCRAM Monitor
Almost every Houston DWI Attorney has had a client who has been put in the unfortunate situation of placing a SCRAM device on their ankle. A SCRAM device is an ankle monitor used by certain courts in Harris county (and sometimes probation departments) that monitors an individual’s blood alcohol level. The SCRAM device works by taking sweat samples from your body every 20-30 minutes and basically uses that to tell whether or not you have been drinking. Every time the SCRAM monitor takes a reading, it stores the data, and it is eventually forwarded to the court/probation department.Almost every Houston DWI Attorney has had a client who has been put in the unfortunate situation of placing a SCRAM device on their ankle. A SCRAM device is an ankle monitor used by certain courts in Harris county (and sometimes probation departments) that monitors an individual’s blood alcohol level. The SCRAM device works by taking sweat samples from your body every 20-30 minutes and basically uses that to tell whether or not you have been drinking. Every time the SCRAM monitor takes a reading, it stores the data, and it is eventually forwarded to the court/probation department.
Most commonly this type of monitor is placed on high risk defendants, defendants with multiple DWI convictions, or individuals who have had alcohol problems during the course of their pending cases. Some courts (which exist, but are few and far between) will place this monitor on first time offenders while the case is pending. This is an unfortunate situation that arises from time to time, and unfortunately there is little defendants can do but hope their attorney can work something out with the judge.
Sometimes a standard interlock device, or at home interlock device can be substituted for the SCRAM. Both these options are better since they are both cheaper. Price is definitely one of the negatives of the ankle monitor. The SCRAM device ranges in price from $450-$500 per month, while the at home device costs roughly $150 per month, and the standard vehicle interlock costs around $80 per month. Other negatives to the SCRAM device are that the device is big. No one likes to walk around looking like a criminal, and this device looks like it belongs on a criminal. And the SCRAM monitor is a manmade science, the accuracy of the readings are questionable, but unfortunately readings are taken seriously by courts.
If you have a SCRAM monitor placed on your body in Harris County you should consult with a DWI Lawyer in Houston to see if you have any options available. Your Houston DWI Attorney should be able to consult you on your particular case and tell you what the best (and worst) case scenario is.
Using Classes to Make Individuals Better People
Sometimes a Houston Criminal Defense Attorney recommends that a client take remedial action to help their court case. Some examples include Alcoholics Anonymous (AA) for clients with drinking problems, Narcotics Anonymous (NA) for clients with drug problems and Battering Intervention Prevention Program (BIPP) for domestic violence issues. While it is true that these types of classes can be used to help in the “damage control” portion of a criminal case, what is truly important is using these programs to make an individual a better person.Sometimes a Houston Criminal Defense Attorney recommends that a client take remedial action to help their court case. Some examples include Alcoholics Anonymous (AA) for clients with drinking problems, Narcotics Anonymous (NA) for clients with drug problems and Battering Intervention Prevention Program (BIPP) for domestic violence issues. While it is true that these types of classes can be used to help in the “damage control” portion of a criminal case, what is truly important is using these programs to make an individual a better person.
It is easy to lose grasp of the fact that all of the individuals with criminal cases are real people with real lives. Some attorneys have seen thousands of cases and forget this. My goal is to always know who my clients are, and what their situation is. At the end of the day, and at the end of the court proceedings, I might never see my client again, but they will go on dealing with their issues forever. It is not uncommon that I sit down with my clients and recommend different treatment programs that will help them in the future. Sometimes we never even mention, nor use, the treatment records in court. It is truly about the big picture and trying to make sure that every one of my clients at least knows what resources are out there to help them.
At the end of the day if my clients choose to take my advice and get help for themselves, then wonderful. If not, well at least I know that I did everything in my power to try to help them. Being a Criminal Lawyer in Houston is a job that individuals can use to make a difference, or a job that can be taken for granted. I take pride in being the best Houston Criminal Defense Attorney I can be. And sometimes that means being more than an attorney, it means being a mentor, a guide, and a neutral observer who can help someone change their life for the better.
One Advantage of a Camera Interlock
As a Houston DWI Attorney I get the opportunity to work in front of a lot of judges. When it comes to DWI, every judge has their own opinions and their own rules regarding pre-trial conditions. One thing that attorneys see often in court is the placement of an interlock device in a defendant’s car before they are ever convicted. An interlock device is a basically a machine that is placed in your vehicle that you need to blow into to get the car to start. If you have any alcohol in your system the car will not start and a report of the violation is sent to the court.As a Houston DWI Attorney I get the opportunity to work in front of a lot of judges. When it comes to DWI, every judge has their own opinions and their own rules regarding pre-trial conditions. One thing that attorneys see often in court is the placement of an interlock device in a defendant’s car before they are ever convicted. An interlock device is a basically a machine that is placed in your vehicle that you need to blow into to get the car to start. If you have any alcohol in your system the car will not start and a report of the violation is sent to the court.
Now personally, I hate the fact that interlocks are placed on defendants who have not been found guilty. I mean what ever happened to the presumption of innocence? But one thing that is especially odd is the way different courts go about implementing different types of interlocks as part of pre-trial conditions.
One thing that particularly annoys criminal defendants is when a judge orders a “camera interlock” to be placed in their vehicle. These camera interlocks take a photo when the machine is being used. Do they snap photos other times? Does the company have access to turn on the camera at their convenience? Who knows for sure, but it certainly makes individuals feel like their privacy has been violated. And to make it worse, that camera makes the rental fee more expensive as well.
Now I have never been a fan of the camera interlock before, but I can tell you one reason why they can be useful. Now again, I would rather no interlocks be placed on vehicles pre-conviction, but since they are placed in vehicles frequently I have run across one scenario where the camera is useful.
Most of the time interlock violations carry stiff consequences which can include having your bond revoked. I had a client recently who had multiple violations and was in serious trouble with the court. We were able to speak to the judge, get copies of the pictures, and prove that it wasn’t my client, but one of his family members who kept blowing into the machine with alcohol.
So for once having the camera paid off, but my opinion as a DWI Lawyer in Houston is that these interlocks shouldn’t be in defendant’s vehicles anyway. Hopefully I will see a day as a Houston DWI Attorney where innocent people do not have to place a machine in their car for no reason. And if they do, hopefully the county will one day realize the injustice of this and reimburse innocent people for the money they were forced to spend.