Dallas Criminal Defense Lawyer Blog

Facing a DWI charge in Kaufman county? Have a serious drinking problem and/or a history of alcohol related offenses? DWI court may be in your future.

What is the Kaufman County DWI court? This is from a handout I found in CC2. I think the DA's office made this although I can't be positive as no authorship is claimed.

"The Kaufman County DWI court is a twelve month minimum program that integrates local criminal justice resources, case management, and alcohol abuse treatment to rehabilitate targeted repeat DWI offenders. There are two aspects of the program, the Court side, and the Treatment side and there are three phases to the court side. As a participant progresses through the phases, the intensity of the program lessens."

Phase I
- Weekly court meeting
- Group meeting twice a week
- Two AA (or similar) meeting a week
- Weekly probation meetings

Phase II
- Court meeting on the 1st, 3rd, and 5th week of the month
- Two AA (or similar) meetings per week
- Group meeting once a week
- Meet with probation every other week

Phase III
- Attend court once a month
- Aftercare group meeting once a month
- Two AA meeting/week
- Meet with probation every other week

Who is eligible?
- Over 17
- Reside or work in Kaufman county (there may be some leeway with this, just don't live in Houston and expect to be accepted)
- Have no current holds (that means TDC can't be waiting to pick you up)
- Physically and mentally capable of participating in the program
- Eligible to be on probation, or have your probation extended
- Must be alcohol or drug dependent

Disqualifications
- Severe mentally illness
- Prior conviction as an "abusive offender" (I think this means crimes of violence)
- Prior DWI court participant
- Prior felony conviction within 10 years of the immediate case

Why do people enter DWI court?
The carrot in this approach is that defendants get a better plea deal if they enter the program. For example, felony defendants get a shorter probation period (and avoid prison), but they have to sign up for some serious life changes.

Have a loved one stuck in the Kaufman county jail? Want to know what the charges are and how much bail is set at?

Here's where you need to go for all your Kaufman county jail inmate information.

Kaufman County Jail Look Up

If the case has been filed, you can look it up here.

Kaufman County Case Information

Kaufman County had a rare flying while intoxicated arrest this week. Allegedly, the pilot landed on FM 429 and was arrested shortly after.

Best quote about this arrest from Kaufman Chief Public Defender Andrew Jordan. "This defendant may have trouble making bail... because he poses a flight risk." Rim shot!

In my entire legal career I had never seen a Texas FWI case. It just doesn't happen that often. First, most pilots don't land near police officers. They go from small airport to small airport. Second, we don't have any aeronautic speed traps. Pilots don't face the constant leo harrassment that drivers face. If you can find a way to only commute in an airplane, you'd save a lot in potential traffic tickets/police harassment (thought not enough to cover your airplane overhead).

I'm not sure most people know that FWI is a crime in Texas. When most people think "while intoxicated", they think driving, not flying, or assembling an amusement ride, which is also illegal.

I'm on a boat!

Boating while intoxicated is another one that most people aren't aware of until they get arrested. I've been on many Texas lakes and spent a fair amount of time observing the lake going public. Many of you think intoxication is the point of going out on Joe Pool etc. Unfortunately, the kill joys in the legislature want to ruin your Cedar Creek lake cruise.

Keep any eye out for the LEO on the lake. Aqua fuzz doesn't need a reasonable suspicion or probable cause to stop your boat and bust up your party. Lake cops have the power to do a "safety check" sans cause, because nothing makes you feel safer than a few cops on your boat.

How are safety checks constitutional?
Good question. First, this is Texas, everything law enforcement does is constitutional. Ok, seriously our state's highest criminal court decided that the State could keep us safer, if we ignored the 4th Amendment, and got rid of the whole warrant/probable cause/reasonable suspicion paradigm for boats. We traded our maritime liberty for the State's false promise of boat safety.

BWI presents a whole slew of logistical problems for law enforcement. Try and do field sobriety tests on a boat. The one leg stand and walk and turn are BS on land. On the lake, or with a person who just gotten off a boat, it's comedy. That leaves only the completely discredited HGN for many BWI defendants.

So remember, if you're flying, or boating, or amusement ride operating, be wary of your alcohol intake, and be careful not to cross our State's arbitrary unknowable make believe "intoxication" threshold.

Today was the last bar meeting of the year.

Here are your 2011 Kaufman County Bar Officers-

President- Robert Guest
Vice President- Daniel Floyd
Treasurer- Becky Calabria
Secretary- Laura Holder

If you are interested in joining the Kaufman County bar, or if you are not getting notice of the meetings, email me.

If you are an expert witness or CLE speaker who wants to visit K-Town and present your knowledge to the group, email me.

Kaufman County is broke and the pols are scrambling to find a solution to balance the budget. The County Commissioners are channeling 80's Madonna, and adding two weeks of new "Holidays" for 2010, in which the courthouse will be closed.

Advice to future Kaufman criminal/family clients.

Don't plan on getting arrested the week before Christmas. The court's closed so you're screwed if you can't make bail. Hit that bong in Dallas, and get a designated driver back from the company Christmas party. Santa doesn't visit the Kaufman jail.

Same for divorces. Better work it out until after the presents are opened. Otherwise, you could be living with your future ex for an extra week waiting on a temporary orders hearing.

Here is a list of the "Courthouse Holidays" for 2010.

Veteran's Day- November 11-12
Thanksgiving- November 24,25,26
Xmas- December 20-24
New Years- December 31 and January 3.

If I had a vote on how to cut costs....
I'm not sure the total cost, but the security theater at the Kaufman County Courthouse can't be cheap. For the past 100 years or so the Kaufman courthouse has operated without a metal detector or airport style x ray scanner at the entrance.

For some reason, this year we needed all this equipment manned by a two man crew from the Sheriff's department, or the terrorists win. Worse, the local lawyers, bail bondmen, process servers etc, who go in and out a few dozen times a week, have no way to skip this process.

Every time I come to court I'm wanded like a guy who just bought a one way ticket to NYC and paid in cash. It's a waste of resources to screen the regulars.

Who gets a pass through this security theater time waste? Government employees. Nice.
That's right. If you work for the county you can skip this crap. But for the private sector employees there's no way to get such a privilege.

Why discriminate against those who pay the taxes that keep a courthouse running? Surely a process could be implemented where the Sheriff approves non county employees to skip the the morning radiation ritual.

Maybe a more efficient "safety" screen wouldn't balance the budget, but every bit helps right?

As Kaufman County Bar President I've been working to start a bar philanthropy project. I'm a little worried about my ability to motivate my colleagues. Everyone is really busy, we don't have a lot of time, the economy sucks etc. I don't even have a Vice President to boss around (that was me, but since my promotion the position has been open).

Juvenile Defendant Literacy Project
To that end today I asked the bar to support a literacy project for juvenile probationers. I take no credit for this idea. It's the brainchild of Juvie Probation Director Laura Peace. This is her baby and the Kaufman Bar needs to come through.

If we can teach these defendants to read maybe they don't graduate to adult criminal court. That's the goal. Don't worry about me, I'll take more divorce cases. These kids need our help more than I need adult criminal clients.

We do need some help in the area of professional fundraising. I'd like to have an annual event, something we can build on each year. Since I've been a Kaufman bar member we've never attempted anything more ambitious than a Christmas party. If you have experience or ideas, email me and let me know how to get something like this started.

Chris Souza on Appeals-
Today's speaker was Dallas appellate genius Chris Souza. Mr. Souza updated our group on some recent appellate decisions.

Quote of the day, from the court of criminal appeals- "there is nothing inherently reckless about either exposing oneself or masturbating." Got that? Quit laughing.

The case was Smith vs. State, a CCA decision about a waste of time let's arrest some gay people sex in the park case in Houston.

Chris is one of the best criminal appellate lawyers in the State. If you haven't heard him speak about appeals you're missing out.

The Kaufman County Bar will have it's next meeting on 9/15 in the law library. Chris Souza will present one CLE hour worth of criminal appellate updates. We also have some bar business to discuss. Here are the agenda items-

1. Xmas party. Tracy Booker and Houston Smith are on the committee, we can always use more volunteers.
2. Philanthropy- The last two years have been mostly about getting the bar back to basics with monthly CLE meetings. It's time to take off the training wheels and discuss a project to give back to the community.
3. Shreveport CLE- October 14-15 there is a CLE in Shreveport.
4. November is officer elections. I've been VP for 18 months, and now P. I'm a firm believer in term limits. Ergo, it's time for new leadership and new ideas. I don't want to be the FDR of the bar association. Anyone want to run?

This story from the Terrell Tribune highlights the problem with cannabis prohibition and opportunity costs.

From the TT

DRUG SELLING OPERATION INTERRUPTED

Authorities arrested Kristi Rene Resendez, 29, of Kaufman, for delivery of marijuana.
Published: Tuesday, July 27, 2010 4:08 PM CDT

KAUFMAN - After a two-month long undercover operation by Kaufman County Narcotics investigators, along with the cooperation of Kaufman Police Department, another drug dealer has been arrested for selling drugs in the city limits of Kaufman.

Kristi Rene Resendez, age 29, of Kaufman, was arrested on July 23. Resendez was taken to the Kaufman County Law Enforcement Center and charged with two counts of delivery of marihuana more than 1/4 oz. and less than 5 lbs.

Bond was set at $5,000 for each count

Two months, to take down one meaningless alread replaced dimebag dealer? What's next, a 2 week investigation into a possible seatbelt violation in Mabank?

Think, for a moment, if the cops who spent two months on this bust had spent those same two months solving a real crime, that is, one with a victim? Is that a better use of our limited law enforcement resources? Or do you feel safer knowing that it's was, for a few moments, marginally harder to buy weed in Terrell, Texas?

Opportunity costs are real. Taxpayers and LEO will never get those two months back. By keeping cannabis a class B misdemeanor and banning recreational/medicianal use Texans are choosing these two months pot stings over other law enforcement priorities.

Finally, can we quit calling pot "drugs". It's intellectually laziness to lump all contraband substances in one category. I know journalism trends towards sensationalist headlines . "Low level Cannabis Retailer Arrested", wouldn't get as much reader attention. But if we are going to make progress and change our State's inane drug laws, we could start by actualling differentiating between the drugs that can kill you, and the non toxic plant that can't.

The next Kaufman County Bar meeting is nigh upon us. I'll be speaking on Open Records Advocacy and we will discuss setting up a faster courthouse wifi network, inter alia.

My 1 hour Open Records seminar is CLE certiified, so if you're short on hours, or just want to learn how to get the government's secrets, come on down to K-Town.

I'd like to take this opportunity to thank outgoing Kaufman County Bar President Keena Greyling for her service as Commander in Chief. Three years ago our local bar was a cluster of epic proportions.

Now, thanks to the hard work of our past two presidents we've got a thriving local bar association. Keena has been an outstanding Chief Executive and her dedication and hard work will be missed.

President's Greyling's resignation has left the current VP, me, as the new P. This is a historical moment as I'm pretty sure this is the highest office a Libertarian has ever held in Kaufman County. (Ok, these are non partisan elections, but still, we Libertarians need all the victories we can get).

What's my small government personal liberty agenda for the Kaufman Bar? Here is my radical hope and change agenda.

1. Have a monthly CLE meetings with lunch provided.
2. Have an awesome Christmas Party.
3. Clean up the gulf oil spill.

1 and 2 seem pretty easy, 3 may not get done during my administration.

In other bar news; there is no meeting in July. It's too damn hot to think, much less have CLE. I'm speaking in August, probably about open records. Also in August we are going to discuss upgrading the law library WiFi so that it penetrates the bomb shelter thick walls of County Court at Law.

I got a not guilty today on a marijuana bench trial. In large part this was due to the work of the citizen accused who did not waive his rights on the side of the road.

Remember, if the police ask you about anything illegal; drugs, guns, drinking and driving, murder, steroids, illegal poker rooms- ask for a lawyer.

If the police ask you to search your car- always say no and ask for a lawyer.

If the police search anyway, and if they are lacking in probable cause, and if they can't meet one the many exceptions for drug searches*; then your lawyer can ask the court to suppress whatever they find.

* Our appellate courts have bent over backwards to uphold drug searches in recent years. The 4th Amendment is on life support, but not completely dead yet.
Remember, just say no, to consent searches.

I'll be the first to admit that news site comments are not the highest form of debate. However, they can be a useful gauge of how some members of the public feel on an issue. So how do the conservative readers of the TT feel about cannabis prohibition?

Here is a recent news story from Terrell, Texas courtesy of the Terrell Tribune.

Marijuana growing operation discovered off Lawson Road

A combined effort involving Kaufman County Sheriff;s Office investigators and the Department of Public Safety located a marijuana plant growing operation on the western edge of Kaufman County.

According to KCSO spokesperson Pat Laney, the highly developed growing operation was located in the Lawson Road area just off of U.S. Highway 80.

Authorities seized 7,125 marijuana plants. It appears that the illegal growing venture had just been started.

The street value of the marijuana plants after harvest is estimated to be in excess of $71,000, Laney said.

Nothing sexy. Just a typical cops find weed and dig it up story. To my surprise, this bust generated a lot of comments for a benign "crime" story. Instead of reposting them I invite you to head on over to the Terrell Tribune (they wrote the story and deserve the hits). Read the comments and ask yourself, which side of the debate has more logic and intellectual depth? And which side is ad hominem nonsense?

I'll make a few quick points that I've already covered in the past.
1. Opportunity costs- every minute we make cops spend digging up plants is not spent on solving and preventing real crime.
2. Marijuana can't kill you. It's non toxic.
3. There wouldn't be grow operations all over the place if weed was legal. Are there moonshine stills all over the place?

I don't blame law enforcement for this bust. Law enforcement by definition, enforces laws. But turning cops into lawn care men with guns is a bad investment that makes us less safe.

From TDCAA.com-

ADA needed for felony court in Kaufman County. Must have 1-2 years of felony experience as a prosecutor at a district attorney's office. Duties will include intake, grand jury, handling of felony docket, and trial of felony cases. Great work environment with plenty of support from staff and fellow prosecutors. Two prosecutors assigned to each of the two District courts. Coat and tie only required for docket and trials. Salary is $73,954. Contact Michelle Stambaugh at (972) 932-0262 or send resume to michelles ( a t ) kaufmancounty ( d o t ) net or fax (972) 932-0357.

True that. The Kaufman county DA's office is a great place to work. Nice people, good judges, manageable caseloads and you get to work out cases with me. What more could you want? The only downside is the lunch options are pretty limited and it's far from Dallas.

Glorious news!! All real crime in Kaufman County has been solved. Local law enforcement is so bored that they now have time to arrest people for meaningless victimless make believe crimes like "promoting an event without a permit." That is the only conclusion I can rationally infer from the Warrior Dash controversy brewing in Kaufman County.

What is Warrior Dash?

Adults dress up like Vikings, race 4 miles through mud and obstacles, and at the end they get a free beer and a viking helmet. Of course anything involving adults having fun and drinking beer is going to draw the ire of joykilling freedom hating nanny staters. From DMN

The Warrior Dash has a battle on its hands today at the Kaufman County Courthouse. Organizers of the sold-out race, scheduled to make its Texas debut this weekend, are fighting a temporary restraining order filed last week by the county.

After three hours of testimony this morning, the judge recessed the case until the afternoon.

County Sheriff David Byrnes testified that he is concerned about the safety of participants and spectators and those trying to drive to the event.Organizers argued in court that the law requiring the permit was not applicable to the race and that it would be safe.

"Even though it's marketed as obstacles from hell, it's a very tame event," testified Ryan Kunkel, vice president of race organizer Red Frog Events.

The Kaufman County sheriff's office has also issued an arrest warrant for one of the event's organizers, who is based in Chicago. The warrant accuses him of illegally promoting an event without a permit, a Class B misdemeanor.

WTF! A warrant for the promoters? Seriously?. It's not like festivals and events are beating down the door to come to Kaufman County. Maybe if the local pols embraced the free market system a little more and didn't ARREST ENTREPRENEURS WHO ARE TRYING TO BRING THOUSANDS OF VISITORS TO KAUFMAN COUNTY; it might help the local economy.

As for the "safety" concerns, call me cynical. Every time government wants to restrict your freedom they have a great "safety" reason.

Is it dangerous to run an obstacle course dressed like Eric the Red? Arguably. But since when is the role of law enforcement to arrest people for the most mildly dangerous activity? It's just another step towards the Wussification of America (I know it's a World Net Daily link, but google sent me there, I apologize in advance).

I don't know what the Warrior Dash people did to piss off the local badges, but seriously guys, let them have their event. Kaufman needs every tax dollar it can get and this events will be good for the county.

For the third straight election cycle Kaufman voters have decided to vote out the incumbent District Attorney. Each situation was unique, but if there one thing you can count on in Kaufman county, it's change.

To that end, the Kaufman electorate nominated Mike McLleland as the GOPs candidate for DA next November. Sans opponent (where are my Kaufman Libertarians?), Mike has already won the November election and will be sworn in in January.

I have a lot of good friends and colleagues at the Kaufman DA's office. I know many are worried about what to expect, and if they will have the same gig come January. In this economy, I wouldn't wish job insecurity on anyone. Fortunately, Mr. Mclelland has already promised not to make any personnel changes.

I hope so. Kaufman county has managed to keep a good group of prosecutors together for the past 4 years. We don't always see eye to eye, but I respect them as capable adversaries.

I've opined before that the Rick Harrison tenure as Kaufman DA has been a success. To recap, Rick opened the files, ended the rampant animosity between State and defense bar (saving taxpayers a pile of money), and started a highly successful pre trial diversion program. Kudos.

What could me made better? Well, since I asked, here are 2 hopey changey ideas I have off the top of my head.

1. Quit filing misdemeanor marijuana cases. Really, nothing registers lower on the "Who gives a shit" meter than misdemeanor weed cases. Make them all class C paraphenalia if you have to, but these ding dong joint-in-the-console cases take up a lot of time with no benefit to public safety.

2. Post plea, we should thumbprint defendants in court. It's only a matter of time before some jail chain inmate takes a header off the stairs and sues the county for millions. I know this may take some coordinating with the court and district clerk, but it's a no brainer (literally, some inmate's brain cavity is going to empty one day because of this).

I won't hold my breath on 1. I've been advocating for 2 for a while.