Category Archives:Court
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.
Hiring an Out of County Attorney
Some people say you should never hire a Criminal Lawyer in Houston to handle a case in another county. The people who argue this usually say that it is better to hire someone who is well connected in the other counties court house. I think that is a complete myth, and that defendants should be more concerned about hiring someone that cares about them and about their case.Some people say you should never hire a Criminal Lawyer in Houston to handle a case in another county. The people who argue this usually say that it is better to hire someone who is well connected in the other counties court house. I think that is a complete myth, and that defendants should be more concerned about hiring someone that cares about them and about their case.
I have heard clients express concern over hiring out of town attorneys a ton of times. As a matter of fact I heard it today in my office. A lady (who lives in Houston) came in with a case in Galveston County and mentioned that she had met with a couple of Galveston attorneys. She mentioned that those Galveston attorneys both warned her not to hire a Houston Criminal Defense Attorneybecause they didn’t know the prosecutors and judges like they do.
I personally think that personal connections mean very little when it comes down to defending a criminal case. The attitude of the Galveston attorneys probably stems more from the fact that they are concerned that a lot of “their” cases are going to out of town attorneys. I have worked in more counties than I can remember and I honestly think the results of the cases have been fairly consistent with what I thought would happen on each case.
Each case is very fact specific, so it’s hard to give dismissal percentages, etc. But almost everyCriminal Lawyer in Houston will probably tell you that they have a gut feeling whether or not a case is getting dismissed or going to trial from the first time they hear the story. And I can honestly say that I do not think I have ever had a prosecutor treat a case unfairly because it was an “out of town” lawyer.
Bottom line, if you are charged with a crime it is your life, your record on the line. You need to go with the person who you feel the most comfortable with; the person who you think will fight to get you the best possible outcome. Not the person who you think is most likely to play golf with the judge.
Flat Fee vs. Per Appearance
I am a strong believer that no one should ever hire a Criminal Lawyer in Houston who charges per appearance. What I mean is a lawyer who charges you every time you go to court. If you are a defendant, and you are reading this, I mean the lawyers who tell you…”Just give me $200 every time we go to court”.I am a strong believer that no one should ever hire a Criminal Lawyer in Houston who charges per appearance. What I mean is a lawyer who charges you every time you go to court. If you are a defendant, and you are reading this, I mean the lawyers who tell you…”Just give me $200 every time we go to court”.
This is just wrong on many levels and in my opinion creates a huge conflict of interest. No competent Houston Criminal Defense Attorney would do this. These are the top 3 reasons I think you should never hire someone with this sort of pricing structure.
- Unnecessary resets – Sometimes cases can be won quickly. Many times I have shown up to court only to have a prosecutor tell me that they are leaning towards dismissing the case. It only takes a tiny bit of convincing and we get it done. An unethical lawyer who is getting paid per court date might not have any incentive to get a case thrown out fast. They could simply reset, and reset, and reset to make more money.
- Lawyer feel rushed – Now let’s assume it is a good lawyer trying to do their job. Sometimes cases take MONTHS to evaluate, gather evidence, etc. If you are a good lawyer in this situation then you want to finish your case as quickly as possible (since the client is paying per appearance and you don’t want them to think you are stalling), but it simply might not be possible. Again, you could end up paying more in the long run than you would have if you had only hired someone who charges you a flat fee.
- Results in more pleas – Lets face it, most clients who hire these types of lawyers don’t have that much money in the first place. So they might be sitting there in court with a very defendable case, but they plead guilty. Why, you ask? Because they don’t want to have to pay that lawyer to come back in 3-4 weeks….complete BS.
So save yourself the trouble and hire a Criminal Lawyer in Houston who charges a flat fee. Lawyers come in all sorts of shapes and sizes, and with all different kind of prices. I ALWAYS charge a flat fee that I feel is fair. The most important thing should be the case, not trying to make (or save) money.