Author Archives: Eric Benavides
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.
Assault on a Family Member in Texas
Assault-Family Member is a unique charge. You definitely need a Houston Criminal Defense Attorney to help you. What makes it so unique is the person really doesn’t even need to be a family member. It can be a roommate, a girlfriend, or even someone that you used to live with. Of course it also applies to other family members such as children, wives, brothers/sisters, etc.Assault-Family Member is a unique charge. You definitely need a Houston Criminal Defense Attorney to help you. What makes it so unique is the person really doesn’t even need to be a family member. It can be a roommate, a girlfriend, or even someone that you used to live with. Of course it also applies to other family members such as children, wives, brothers/sisters, etc.
One thing that usually accompanies a charge of Assault of a Family Member is a Magistrates Order of Emergency Protection (a restraining/no-contact order). Typically (in Harris County) they are 61 days for a misdemeanor and 91 days for a felony. However, if someone goes through a civil court to get the order, it can be up to 2 years. The ones that are given in court can be signed by the judge even if the family members are no longer mad at one another. It is very difficult for a lawyer to remove this order within the 2 or 3 months that it is intact.
For this particular type of crime the elements are…
- Intentionally, knowingly, or recklessly causing bodily injury to someone else
- Intentionally or knowingly threatening someone else with imminent bodily injury
- Intentionally or knowingly causing physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative
Assault – family member is a Class A Misdemeanor. A Class A misdemeanor carries a range of punishment of up to one year in jail and up to a $4000 fine. If found guilty, you will get what the state likes to call “an affirmative finding of family violence” on your record. That will be on your record for the rest of your life. Basically what that means is if you ever pick up a Class A Assault-FM in the future it will be enhanced to a felony.
But, if during the alleged assault you cause serious bodily injury or use a weapon against the “victim” you could be charged with Aggravated Assault on a family member which is a 2nd degree felony. A 2nd degree felony carries a range of punishment of 2 to 20 years in prison and up to a $10,000 fine. More commonly in Harris county, we see Aggravated Assault-FM by impeding breath. This is the typical charge you will see when there is an allegation of “choking”.
It is very important to have a competent Criminal Lawyer in Houston when handling one of these cases. They are defendable, and there are many potential avenues to keep this from going on your record. A Houston Criminal Defense Attorney that has seem multiple Assault-FM cases should have no problem explaining what possible defenses and outcomes they see in your particular case.
New "Extreme" DWI Law in Texas
Starting this month (September 2011), every Houston DWI Attorney has started receiving their first “Extreme” DWI cases. The new “Extreme DWI” law went into effect this month, and changes the charge from a class B misdemeanor to a class A misdemeanor for all first time DWI offenders who have a blood alcohol level of .15 or more.Starting this month (September 2011), every Houston DWI Attorney has started receiving their first “Extreme” DWI cases. The new “Extreme DWI” law went into effect this month, and changes the charge from a class B misdemeanor to a class A misdemeanor for all first time DWI offenders who have a blood alcohol level of .15 or more.
Before this change, any first time DWI was a class B misdemeanor which carries a maximum punishment of 6 months in jail and/or a $2000 fine. A class A misdemeanor on the other hand is punishable by up to 1 year in the county jail and/or a $4000 fine. So this law essentially doubles the possible punishment for a first time DWI.
I think that any DWI lawyer in Houston would agree that this doesn’t make much sense. What is the purpose of the new law? To punish? To keep people from driving drunk? Why .15 and not .149?
First of all, most people who are drinking are not going to be thinking about their blood level. If they are going to drive, they are going to drive. So this law isn’t going to change anyone’s mind about getting behind the wheel. Chances are, 99% of drunk drivers are not going to have a clue this law even exists.
If this was meant to “punish”, then we will just have to see exactly what the state plans to do with these cases before we know if that makes any sense. One thing this law does do is give individuals accused of DWI another reason to refuse a breath test. I think officers should have to explain this to everyone before they offer a breath test. The conversation should go something like this:
Officer: “I am requesting a specimen of your breath. If you refuse you are going to be charged with a class b misdemeanor punishable up to 6 months in jail. If you take the breath test and blow over .15 then you are going to be charged with a class a misdemeanor and you can get up to 1 year in jail. Either way, you are not going home…at least until someone posts your bond.”
Arrestee: “I refuse!!!”
Yeah, wishful thinking! Bottom line is, the law is in effect and you have to be aware of it and the consequences that surround it. Make sure to hire a Houston DWI Attorney who is willing to work hard for you.