Dallas Criminal Defense Lawyer Blog

Just booked my trip to the NORML legal seminar in Key West. I've been on the NORML legal committee ever since I opened my private practice. I'd like to encourage any lawyer who is ashamed of cannabis prohibition to join the NLC.

Besides the justness of the cause being an NLC member usually pays for itself. Cannabis consumers/producers and medical marijuana patients appreciate an attorney who won't judge them, and recognizes that these defendants are America's political prisoners in the War on Drugs. For far less than you would pay an SEO scam company you can join the proud freedom fighters on the NLC.

This years conference is at the Pier House in Key West. I've never been to Key West and I look forward to exploring the island. Do you need some CLE hours and a vacation? Meet me in Key West. You do not have to be a NORML member to attend (though you do get a discount on registration).

Any Key West travel tips would also be appreciated.

Macbook Pro

I sent the Dell back last month and decided to get my first Mac. I"ve had my Macbook Pro (13inch) for a week now and let me offer a quick review.

This thing is fucking awesome.

Design- I never realized how cheap and clumsy my PC laptops were until I opened this aluminum wonder. The design is top notch. No space is wasted. The computer is super thin for a pc (though not as thin as the Lara Flynn Bole inspired macbook Air). Form and function collide into a very modern eye catching laptop.

Software- I like to think of myself as a creative person and my brief introduction to Iwork and Ilife have me very exited at the possibilities. Word, Powerpoint, and the awful line of windows video editing software always felt like they were in the way of my work.

With the mac software I feel inspired and unincumbered. It reminds of when I was playing guitar and I would get a new piece of gear (Big Muff Pi anyone?). I just want to create with this thing.

Price- The only downside is the price premium. However, it's not as bad as I thought. Probably about 25% more expensive than a similar PC for the functionality.

Legal software- 'm still PC at the office I can't find a work around for my law firm software suite (elaw) and pro docs. I'm considering getting around pro docs by signing up for the Lexis or Westlaw pacakges that offer canned motions etc. I just like having a template available. I also practice some civil law and find pro doc a necessary evil. Hopefully I can go completely PC less in the near future.

I'm in a jury trial so this will be a short post. But holy shit, this is amazing. A very honest prosecutor had the courage to challenge the War on Drugs on the TDCAA message board. It's a short thread at this point. But the point is made, even prosecutors know this is a failure. I'm assuming B Leonard can be so honest because he is not running for office anytime soon.

Prohibition is the Wizard of Oz. We need to all pay attention to this opinion from behind the curtain.

Here is BLeonard from Fort Worth

BLeonard Member posted 11-05-04 Sometimes it happens this way: I'm scratching out a plea on a case or revocation of one more dope defendant and the fear takes me. We are losing the "war on drugs." More than a decade ago, my father, a former prosecutor himself, told me that my job was to identify the truly bad actors and quarantine them from their prey. As to the rest? Keep them dogies rollin'. I'm not smart enough to know how to handle the drug problem but I can recognize what doesn't work and this is it. We cannot fill our prisons with dopers and allow the predators to roam free. In my view we shouldn't fill the prisons with dopers. And the small voice whispers,"If we did win the war on drugs what would you do all day?" Posts: 747 | From: Fort Worth, TX, USA | Registered: 07-30-02

Now this is Texas, so of course the deviation from prosecutor group think will have some rebutall. The prohibition apologist's response are common fallacies- think of the children, some drug dealers are also pedophiles etc, and we should jail addicts who don't want treatment.

Martha W. Warner Member posted 08-25-09 Drug dealers are dangerous to kids I too had hit the wall with sending drug dealers including college kids without records to prison. Last week I tried a 28 year old man who was providing marihauna to young girls, 13 and 15 year old. While manipulating and having sex multiple times every day with the 15 year old this Defendant who was 22 started molesting her 4 year old sister while everyone was asleep.The 4 yr old also watched them put brown stuff in a paper ,roll it up and smoke it. Afterwards she was told not to tell, "Its their secret" He threatened to kill the child's family if she ever told anyone what he was doing. After being confronted about stealing the Defendant moved out and picked up the cute wild little 13 year old and again had sex every way for about a month and half. He then gets arrested and neither girl saw him again until 4 years later.

Ok. I have a suggestion. If we stopped incarcerating every user and dealer we could focus our criminal justice resources on those who sell drugs to children. We have it backwards right now. We arrest all drug users and providers because some may be child rapists. Why not focus on the predators? If cops weren't so busy arresting for every dime bag they find, we could better use our limited criminal justice resources.

More breaking Kaufman County election news. Angela Webb, court coordinator for County Court at Law (Hon. Judge Wiley presiding) is going to run for District Clerk. The current clerk, Sandra Featherstone has announced she will not seek reelection. I am going to miss Sanrda and I wish her nothing but the best in future endeavours.

Here is a Q&A with Angela-

1. Background/resume
I have over 10 years experience in county government (county clerk, justice of the peace, & CCL) & have earned the title of court administrator through the Texas Center for the Judiciary. (just a side note - currently, I'm the only one in the county with that certification.) I have about 200 hours of CE credit.

2. Why do you want to be Kaufman county's district clerk?
I want to assume the responsibility of district clerk because I believe I am ready to take my career in county government to the next level. I want to continue the tradition of service and professionalism Sandra has established while transitioning the office into a more "modern" atmosphere.

3. What experiences will serve you best if elected?
I've had over 10 years experience from the JP to district level. I've managed the budget for CCL & CPS indigent defense for several years, as well as, managing personnel matters.

4. Are you nervous about your first political race?
yes

5. Do you have any policy ideas or changes you want to implement?
Yes, one of my first goals will be to implement e-mail communications. Additionally, I will take steps to implement e-filing.

6. If elected, will you allow thumbprinting of felony defendants in court? Right now I have to take my arm and leg shackled client up a flight of stairs to get a thumb print for the plea papers. Just an idea.
Yes.

7. Anything else you want the voters to know.
I want the voters to know that I am hard-working and honest. I will serve the citizens of Kaufman County with integrity and professionalism.

Not content with the recent domination of the US in soccer Mexico is also winning the race to embrace freedom, liberty, and drug war sanity. What caused Mexico to embrace a common sense approach to personal drug use instead of maintaining a US style "tuff-on-crime" approach?

Police corruption played a big part. In Mexico being a drug addict was a defense to possession of small quantities of drugs. Ergo, simple possession cases were rarely prosecuted after arrest. Meanwhile Mexican LEOs made great money shaking down users for cash.

We have a similar system in America. We waste billions prosecuting simple possession cases across our country. The State Jail system in Texas is a monument to this perpetual failure.

American LEOs are usually bribed by dealers not addicts (at least the ones that get caught are). Consensual crime enforcement has always been synonmous with corruption. In America we ignore these drug war exteranlities or blame them on users. The truth is that corruption and violence are the inevitable result of Prohibition.

From the Associated Press-

Mexico decriminalizes small-scale drug possession By MARK STEVENSON (AP) – 2 hours ago MEXICO CITY — Mexico decriminalized small amounts of marijuana, cocaine and heroin on Friday — a move that prosecutors say makes sense even in the midst of the government's grueling battle against drug traffickers...

The new law sets out maximum "personal use" amounts for drugs, also including LSD and methamphetamine. People detained with those quantities no longer face criminal prosecution.
Espino del Castillo says, in practice, small users almost never did face charges anyway. Under the previous law, the possession of any amount of drugs was punishable by stiff jail sentences, but there was leeway for addicts caught with smaller amounts.
"We couldn't charge somebody who was in possession of a dose of a drug, there was no way ... because the person would claim they were an addict," he said.
Despite the provisions, police sometimes hauled in suspects and demanded bribes, threatening long jail sentences if people did not pay.
"The bad thing was that it was left up to the discretion of the detective, and it could open the door to corruption or extortion," Espino del Castillo said.
Anyone caught with drug amounts under the new personal-use limit will be encouraged to seek treatment, and for those caught a third time treatment is mandatory.
The maximum amount of marijuana for "personal use" under the new law is 5 grams — the equivalent of about four joints. The limit is a half gram for cocaine, the equivalent of about 4 "lines." For other drugs, the limits are 50 milligrams of heroin, 40 milligrams for methamphetamine and 0.015 milligrams for LSD.

On a side note- I'm going to Mexico in 3 weeks for a much needed vacation. I'll report back on whether this common sense measure turns Mexico into Sodom overnight. My guess, those in Mexico who wanted to use drugs and marijuana, were already using them. Maybe I'm wrong and everyone will be smoking crack when I arrive, but I doubt it.

As part of my regular open records work I ask for LEO disciplinary records. Today I received a thick envelope with over 60 pages of complaints and source material, including a DVD I haven't watched yet. This complaint stood out-

On March 7th, 2005 Trooper XXXX was counseled for requesting a cigarette from a female he didn't know, in a public place while on duty and in uniform. The arrested person later complained that Trooper XXXX was flirting with her, and took the cigarette pack from her without permission, and then arrested her when he discovered it contained a marijuana cigarette.

If the indignity of being hit on and having your smokes stolen by a uniformed officer wasn't enough this poor lady was arrested for the "crime" of carrying a joint. Marijuana prohibition, empowering LEO creeps for over 70 years.

I know what you're thinking- "One incident isn't so bad." It's still an abuse of power to steal cigarettes and sexually harass the public, but nothing like say using excessive force on a DWI suspect to impress your LEO girlfriend.

However, this Trooper had approximately 20 other complaints including sustained allegations of excessive force (allegedly slamming a DWI suspect's head into a rear window to impress his LEO girlfriend) and statements from a prosecutor and other LEO's who didn't want this guy around. This all happened (allegedly) in Uvalde in 2005.

What did DPS do with this problem officer? They transferred him to Kaufman. More on this later.

It shall be the primary duty of all prosecuting attorneys...not to convict, but to see that justice is done.

Texas Code of Criminal Procedure 2.01

2.01 would seem to a pretty clear directive to prosecutors across the state, justice and conviction are two separate and distinct concepts. Whereas, the language of 2.01 deals only with convictions the principle is broader. 2.01 recognizes that not every violation of the law requires state intervention. The power to prosecute, to forbid activity, should be tempered with a spirit of justice.

This brings me to the TDCAA message boards. Here is a question posed by a Lynn county ADA.

I've received a question regarding the legality of a poker tournament planned in our county to raise money for a family in need. The details are that there will be a $20 cash buy-in, and that all cash will go to a foundation established for the family. Prizes donated by local businesses will be awarded to the winners. It will be held at the local country club in conjunction with a golf tournament, but it will be open to non-members as well. I don't see any issue with it right off, but wondered if any of you more learned folk have any thoughts on it? Posts: 13 | From: Lynn County, TX | Registered: 01-25-08

This prosecutor doesn't see why this would be illegal but wants guidance from his TDCAA brethren. This Lynn county prosecutor's position is reasonable. Our state's poker laws are inane, but also leave room for interpretation.

Guess what the response was from the TDCAA community? Does anyone say to let this tournament go on to help the needy family? Maybe some ideas on how to interpret our state's gambling laws to allow this charity tournament?

Right.... the TDCAA message boarders quickly retort on ways to find this tournament illegal. JB's repsonse is typical-

If people play a game and win a prize decided by the outcome of their game, that is gambling.

Charity is giving money with NO expectation of anything in return. That's why it is called a gift.
Posts: 6135 | From: Williamson County, Texas | Registered: 01-25-01

That's a pretty broad definition of gambling. I played soccer as a kid. The result of those "games" was that we could win a nice plastic trophy. I never realized we were breaking the law.

Nary a mention of justice or keeping the State out of a charity event.

Just because you can shut down a charity poker game designed to help a needy family during the worst recession in decades.... does not mean that you should. What is the greater justice in this situation? Helping a needy family, or zero tolerance enforcement of our state's poker laws?

I can hear the statist rebuttal- "But it's against the law!". First, if charity poker tournaments are against the law, then the law is an ass. There is no justice in forbidding charity.

Second, there is room for disagreement on the boundaries of our state's poker laws. Instead of always going for the broadest interpretation let's apply some common sense and human decency. Heck, even ADA's don't agree on what poker games are illegal. The tie should go to the runner.

Allowing one charity poker tournament will not turn Lynn county in to Las Vegas. Unless the Lynn county DA wants to host a fundraiser for this family, they should let the chips fall where they may.

Steve Blow published a column on the notorious I 45 speed trap. I was happy to be interviewed to highlight the highway robbery in Ellis County.
I spoke with Steve two weeks ago and reminded him that we met in 1995 at a high school journalism conference. I was a columnist for the Eagle Eye looking to hone my craft. I remember Steve's advise to this day- write columns like a letter to your friends. On to the speed trap.

I live in Ennis and my caseload is mainly in Dallas and Kaufman. Going to work in Kaufman means a 26 mile trip on state highway 34. The speed limit on this two lane country road reaches 65 mph. The limit is lower when passing through Scurry/Rosser.

When I go to Dallas I take I-45 north, an expansive 6 lane divided highway. The speed limit on I-45 N? 60 or 65 mph. Guess which road is infested with speed traps?

Here is the speed trap formula; government greed + ridiculously low speed limit = Speed Trap

The 60-65 mph speed limit on I-45 is almost universally ignored by commuters because it is meaningless. Going 70-75 (as most non local traffic does) creates no risk to traffic safety.

However, it does create a situation where LEO can ticket as many motorists as they want. The only thing that keeps LEO from writing more tickets is the Texas speed trap law that limits the % of local government revenue that can come from traffic citations.

LEO always has the same "this will save lives" reaction when criticized. Here is Palmer Police Chief John Zaidle explaining why you want his officers robbing drivers for speeding.

"We do make some revenue off the highway," conceded Palmer Police Chief John Zaidle. "But we have fatalities out there. And my feeling is the more we're out there, the less we will have of that."

I'm calling bullshit on that one. Mr. Zaidle, your speeding tickets have no effect on fatalities. However, they do have a devastating effect on commuter's wallets. This is a recession and drivers do not have a spare $200 for Palmer to steal.

Just because you can ticket drivers ad naseum, doesn't mean you should. Mr. Zaidle highlights why we need limited government and greater police oversight, because even the simple power to ticket drivers will be abused.

Government greed, not safety, is why Palmer PD harasses motorists on I-45.

Further reading-
Ferris Police and the I-45 Speed Trap
I-45 Speed Trap Follow Up

Every cannabis defendant I meet gets a few self defense tips at our consultation. Until we legalize cannabis cops are going to arrest for it. Regardless of the life altering consequences, or if the defendant is a good person, or if you "help" the police by being honest the full weight of the criminal justice system will be brought to bear on otherwise law abiding Texans.

The punishment for simple possession in Texas is up to 180 days in jail and a $2,000 fine. While most are sentenced to probation that isn't good enough for me. No one should be arrested or put through the probation gulag for possessing a plant. Until things change, cannabis consumers owe it to themselves to exercise caution to avoid LEO's wrath.

Once you have a possession arrest on your record things only get worse. Now, every time LEO pulls you over and runs your license he will think you are riding dirty. Cannabis consumers of America, be ever vigilante. Don't count on your cop being "cool" and letting you go. Instead, be proactive and protect yourself from our state's stupid pot laws.

Here is what I tell my marijuana clients-
1. If possible move to California or any state that practices cannabis sanity. If you can't, then try to quit smoking weed until it is legalized. If those don't work then...

2. Don't let your car stink like weed. Our appellate courts have made "the odor of burnt marijuana" into probable cause to search a vehicle. Unless you want LEO digging through your console keep things smelling fresh.

2. Don't answer questions that will incriminate you. When you are pulled over in Texas you only have to ID yourself and provide insurance. If you don't have a good answer to "Are there any drugs in the car?", then don't give one. Asking for a lawyer is a good default answer to questions that could incriminate you. Trust me. It makes the cops crazy pissed, but they aren't going to help you anyway.

3. NEVER EVER EVER EVER CONSENT TO A SEARCH. I've covered this a few times already, but the police only ask to search because they have already profiled you as a criminal and they don't have probable cause. If the police ask to search say no, and then ask for an attorney.

"But the police said they would search anyway, or call out the drug dog!"- That's fine. If the police want to violate your constitutional rights then let them. That's where I come in. If a search is illegal, and the judge agrees, the evidence must be suppressed.

Most people consent believing they can avoid the short term problem of getting arrested if the cop doesn't find anything. If you are pulled over think long term, not short term.

The end result of an illegal search is that you get arrested. Getting arrested is not the worst thing that can happen to you. The probation/drug court/piss test/fine/court costs/NA nonsense is much worse. Put on your big boy pants and accept you are going to jail. You will be allright. It's much worse to get convicted, than get arrested.

Kaufman county chief public defender Andrew Jordan is going to run for Kaufman District Attorney. My source? Andrew told me Friday. The GOP primary/de facto election is in March. Candidates have until January to file.

Mr. Jordan and Kaufman DA Rick Harrison met Friday to discuss the election. I was told that Andrew and Rick are both hoping for a clean campaign. I'm not sure how much the candidates can control the tone of the upcoming race. Reading the comments on other sites leads me to believe that ship may have sailed.

I have purposely not written about Mr. Harrison's DWI arrest because of the vitriol. I don't want to be a platform for sewer gossip. However, it's important to cover the Kaufman DA election so I'm not going to avoid the topic.

Whereas I am all for open debate and comments on ideas, not so much on people. Therefore, I'm going to strictly monitor comments on candidates, no anonymous comments will be allowed and I will delete anything I find objectionable. My comments standard willl be purely subjective and arbitrary. If you don't like the rules, don't comment.

Who is Andrew Jordan? Mr. Jordan is a 2002 graduate of Texas Tech law school. Andrew has completed the criminal law trifecta- prosecutor, private defense, and public defender. Mr. Jordan oversaw the creation of the Kaufman public defender's office, which by all accounts is a well run operation.

I believe that the PD was funded by a grant and that the future of said office is not yet certain. The local defense bar was not (and still is not) happy about the loss of court appointments to the PD. It's a sore subject on the square. What's not debated is that the indigent are well represented. Creating a new bureaucracy from scratch is not easy. Mr. Jordan has received accolades and well deserved media attention for the success of the Kaufman PD.

I've always believed that the job of District Attorney is more a management/political position than actual criminal law work. Creating and running the PD office is a valuable experience in that regard.

Andrew and I both worked under former DA Ed Walton (thought not at the same time). During my ADA tenure I had a DWI trial with Andrew as defense counsel. Andrew taught me a very important lesson that day- EMT's blood draws are not admissible in DWI cases. I will never forget that rule because it kept out my best evidence in that case. The defendant would have been acquitted had he not testified.

Note to potential DA candidates- I will post a Q&A with any interested DA candidate. If you want to be the next Kaufman DA shoot me an email.