Category Archives:Blog
The Wrong Crowd
I have seen some sad patterns in my years of being a defense attorney, both for “victims” and for “defendants”, and all of the problems and drama could be avoided. It goes back to what they tell you when you are young, “Be careful who you hang out with”, “You are no better than those you surround yourself with”, “Fool me once, shame on you, fool me twice, shame on me”.I have seen some sad patterns in my years of being a defense attorney, both for “victims” and for “defendants”, and all of the problems and drama could be avoided. It goes back to what they tell you when you are young, “Be careful who you hang out with”, “You are no better than those you surround yourself with”, “Fool me once, shame on you, fool me twice, shame on me”.
I have a couple of stories of clients I have had that are true victims of the people they associate with. One recent client is a young female who had never been in trouble in her entire life. She started seeing the wrong person and the drama culminated with her boyfriend beating her in a park. He punched her in face, leaving her with a black eye. A witness saw everything and called the police. When the police showed up he was arrested. But when they went through her car, they found marijuana and arrested her for that (which wasn’t hers). Then to make it worse, they found counterfeit bills (which she didn’t know were fake). So now this young girl who had never been in trouble before was looking at a misdemeanor and a felony charge (both have been dismissed, but that’s besides the point).
When I first talked to her I told her she needed to make better choices and surround herself with better people. She assured me she would. But not 2 weeks pass by until I get another call from her that she picked up another felony because she was in a car that was stolen (again nothing she knew about). So now instead of living with a clean record, this young girl was facing 2 felonies and a misdemeanor that could have been avoided by avoiding the wrong crowd.
Another client I helped in the past was accused of beating his girlfriend. He was charged with a felony because he was accused of choking her. We were eventually able to prove it was all a lie with recorded phone calls and letters that the “victim” sent to my client in jail. I told him he needed to stay away from her, and he assured me he would never talk to that crazy girl again.
Fast forward 3 months and I get another call from the jail. He is in there again, for the same thing, accused by the same girl. Again, we eventually get the case dismissed again by using proof from a surveillance camera at the bar they were at, and getting letters from the bartenders who witnesses her hit him, not the other way around. This time he told me how stupid he was, and how he should of listened to me, and how he was completely done with her. Fast forward 6 more months, and yup, you guessed it, felony charge number 3. Same accusation, same girl. This time unfortunately there were no witnesses, and even though we probably would have won the case, he was tired of sitting in jail after 3 months and took an offer of time served on a misdemeanor conviction against my recommendation.
Almost every person who gets charged with a crime is in that position because of a bad decision, and that’s understandable as everybody makes mistakes. But when the same thing happens over and over and over, there is nobody to blame but the person in the mirror.
Immigration and Customs Enforcement Holds (ICE Holds)
Immigration Holds in Harris County Jail
If you are undocumented in the United States and you get arrested in Harris County, there is a good possibility that an Immigration “ICE” Hold will be placed on you once you get to the county jail. From speaking to many of our clients, what usually happens is the intake officers ask you if you are a citizen or legal permanent resident. If you answer “no”, then they put you in a different holding cell so that you can be interviewed by immigration. If immigration determines that you should be placed into deportation proceedings, then an ICE hold will be placed, and you will not be able to bond out.
Immigration Holds in Harris County Jail
If you are undocumented in the United States and you get arrested in Harris County, there is a good possibility that an Immigration “ICE” Hold will be placed on you once you get to the county jail. From speaking to many of our clients, what usually happens is the intake officers ask you if you are a citizen or legal permanent resident. If you answer “no”, then they put you in a different holding cell so that you can be interviewed by immigration. If immigration determines that you should be placed into deportation proceedings, then an ICE hold will be placed, and you will not be able to bond out.
Sometimes, even if you have an ICE hold, you can still pay the bond, but it is generally not a good idea. What ends up happening is, you pay the bond, and when you are getting released from jail immigration is waiting for you to send you to the immigration detention center. The problem is you never finish your criminal case. Once immigration finds out that you have a pending criminal case, they will usually send you right back to the county jail pursuant to a bench warrant from the criminal court. What tends to happen is the person in custody misses their criminal court date because they are with immigration. Missing criminal court can cause your bond to be forfeited, and that means you (or your bonding company) lose the money from the bond, causing more problems.
It is typically better to finish the criminal case first, and then work on the immigration case. In our office we always sit down with our client and their family and advise them what is the best option for them. Sometimes the best option is to plea guilty quickly to get the individual over to immigration where we can request a bond. Other times, the best thing to do is stay at the county jail and fight the criminal case, because some criminal convictions can essentially be automatic deportations. Either way, when the case is over the person in custody gets transferred to immigration.
There are some exceptions, we have had clients with ICE holds who were not taken to Immigration, and we have had undocumented clients who were not given ICE holds at all. There is no firm system in place, it seems to be a case by case evaluation that immigration makes. Every situation is different, if you find yourself having questions about this issue please feel free to contact us at our office number 713-222-2828 and we will be more than happy to evaluate your case.
Telling Good and Bad Lawyers Apart
Good Lawyers Come in all Shapes and Sizes, Bad Lawyers do too
When looking for a criminal attorney it is very important to do your research, ask the appropriate questions, and be comfortable with the attorney who is representing you.
Good Lawyers Come in all Shapes and Sizes, Bad Lawyers do too
When looking for a criminal attorney it is very important to do your research, ask the appropriate questions, and be comfortable with the attorney who is representing you.
I became a lawyer when I was 25 years old, and I have been blessed to have enough work to have been in the courtroom almost every work day since I started practicing. Now, as a lawyer in my 30’s, I still sometimes get the “looks” and the questions asking if I am even old enough to be a lawyer. I have heard multiple times that “older is better”, “older equals more experience”, etc…and while it pertains to some attorneys, that could not be further than the truth.
There are many outstanding attorneys who have over 20 years of experience. Attorneys that I would be willing to place my life in their hands if I ever had any legal trouble. But there are also attorneys that have been licensed many years that I would NOT pay $1 to if they were the only attorney available.
On the flip side, there are many young attorneys who are wonderful. Who fight day in and day out, who surround themselves with good mentors, who I would trust if I was a client. And then of course, there are young attorneys who are just starting and simply don’t have a clue what is going on.
It’s tough when you find yourself in a situation where you don’t know who to hire. The best bet is to ask a bunch of question to perspective attorneys, and go with someone who you will feel comfortable with.
Even as a somewhat young attorney, I am always honest about what my strategy would be, my experience on a particular type of case, etc. I have hired co-counsels in past to help me on difficult cases, even if it means some of the money isn’t coming my way. Because at the end of the day, it’s not about me, it’s about the person whose life is on the line.
Recently I was fired on a case where my client was facing a range of punishment of 25 years to life in prison. The facts were not great, I did my research, worked the case, and was finally given an offer well under the minimum of 25 years. The client fired me on good terms, stating that he appreciated everything I have done, but that, “he needed an old lawyer on his case, someone with more experience.”
His family told me the same thing and later I saw the name of the attorney who took the case over. I had never heard of him so I looked him up and I saw that he was an older gentleman in his late 50s, but I also noticed that he went to law school and graduated in 2011. So he has only been an attorney for 2 years, with much less experience than I have.
Now this attorney might be one of the wonderful recent graduates who surrounds himself with the right mentors, and does an excellent job for his clients….or he might be horrible. Of course I don’t know for sure, but I am assuming that this client hired him simply because of his age, because that is what he told me. But the point is, you should not judge a book by its cover. Do your research, ask your questions, and make sure you are properly represented.
The Importance of Being Drug and Alcohol Free While on Bond
When charged with a crime, especially in Harris County, it is very important to remain drug and alcohol free while on bond. This could potentially be the case even if you are not charged with a crime that involves alcohol and/or drugs.
When charged with a crime, especially in Harris County, it is very important to remain drug and alcohol free while on bond. This could potentially be the case even if you are not charged with a crime that involves alcohol and/or drugs.
Of course drugs are illegal, so you shouldn’t be doing them anyway. But it seems silly to tell people that they shouldn’t be drinking when it’s legal. I agree, but unfortunately, some judges do not care if it is legal, if they know you are drinking they could potentially take your bond away and put you back in jail.
One particular case I worked on recently was a possession of Marijuana case. I warned my client ahead of time to not do drugs and to always be on time to court. In an effort to try to get the case dismissed, I sent my client to take a drug test (which he passed). He took this test on a Friday, and his court date was Monday. Since he was clean and passed his drug test on Friday, he figured it was ok to do drugs during the weekend.
Fast forward to Monday, and my client shows up late to court. The judge asked about the status of the case, and then he sent my client to get drug tested (warning him that a failed drug test would result in his bond being revoked). My client sits in the probation department for hours, claiming that he doesn’t have to urinate, and then eventually leaves. He doesn’t go back to court, and now he has a warrant for his arrest. I have not heard from him since. He went from having the opportunity to get his case dismissed, to making his problems three times as bad.
Alcohol related cases sometimes carry a pre-trial consequence of having an ignition interlock placed in your vehicle. If you do not have a vehicle, an at home interlock might be assigned. If you end up in a bad court, you could possibly even have a SCRAM device (an ankle monitor which takes a reading from your sweat glands to see if you have been drinking) installed on your person.
Similar to the consequences listed above, if you blow into your interlock device with alcohol, or if you SCRAM monitor reads alcohol, you run the risk of your bond being revoked.
While most of the time interlocks are used for alcohol related cases (DWI mostly), I have seen them used on cases such as Failure to Stop and Give Information (Hit and Run) and Domestic Violence Cases.
Whether or not this happens on your case depends a lot on the court you are placed in, and the judge who is hearing your case. Most criminal attorneys in Houston who work consistently in the Criminal Justice Center can give you an idea of the tendencies of the judge handling your case.
Harris County DWI Pre-Trial Intervention Program
Harris County has a relatively new Pre-Trial Intervention Program (PTIP) for individuals charged with a first DWI. A similar program, the DIVERT program, no longer exists, and the PTIP is now taking its place. It is similar to DIVERT, but it is much harder to get into the program. (Not all judges allow entry)Harris County has a relatively new Pre-Trial Intervention Program (PTIP) for individuals charged with a first DWI. A similar program, the DIVERT program, no longer exists, and the PTIP is now taking its place. It is similar to DIVERT, but it is much harder to get into the program. (Not all judges allow entry)
Pre-Trial Intervention Program Eligibility
To be eligible you must:
- Be charged with DWI in Harris County Texas
- This must be your first arrest of your adult life
If you have ever been arrested for any crime at all, even if the case was dismissed, you are more than likely not going to be accepted into the program. That does not seem fair at all, but at this point, that is how things are working. Juvenile convictions/arrests are ok, as long as you disclose those on your application for the program.
Factors to being rejected from PTI Program
Other things that could cause you to be rejected from the program (on a case by case, judge by judge, basis) are:
- A breath or blood test of over .15
- Getting into a traffic accident as part of the DWI
- Not having a valid license at the time of the DWI
- Not having insurance at the time of the DWI
If you are eligible for the DWI PTIP, you will have to pay $202 to be interviewed and do a SALCE (Substance Abuse Life Circumstance Evaluation) test, which is a test that predicts your alcohol and drug risk level as a part of the program.
You will also have to pay a “DA Fee” of $130 and possibly submit to a drug test. Finally, you must include a letter discussing the night of your DWI, and accepting responsibility. After all of that, if you are accepted into the program, a contract is drawn up by the District Attorney’s office for you to fill out with your attorney.
Contract with the District Attorney
Typical contract terms include:
- 1 year program
- Community service
- Monthly fees
- Monthly meetings
- Random drug tests
- Ignition interlock device
- DWI education class
Other items such as AA classes/counseling/drug treatment can be added as recommended based on the SALCE exam, and the circumstances surrounding the case. After the contract is filled out, you go before the judge, and the judge enters you into the program. You meet with the probation officer of the court, attend an orientation that same week, and start your monthly meetings the following month.
The case is reset for 1 year, and if you successfully complete all of the terms and conditions of the program, the case is dismissed on your next court date. However, if you do not comply with the terms and conditions, the program can be terminated at any time, and your case continues as if there was never an agreement.
For more information about the Harris County DWI Pre-Trial Intervention Program, please contact us today for a free consultation.