Dallas Criminal Defense Lawyer Blog

I'm getting a lot of searches for "Kaufman County District Courts." A few of these readers may want logistical information, not criminal defense lawyer musings. Here is some basic information for the public

Kaufman County District Courts
Kaufman has two district courts. They handle felony criminal cases, family law cases, and other civil lawsuits. Both are located at the downtown courthouse.

Kaufman County Courthouse
100 W. Mulberry St.
Kaufman, Texas 75142

86th District Court
Judge Howard Tygrett
This court is located in the middle of the 2nd floor of the courthouse.
Phone: 972-932-4331 Ext. 1251

422nd District Court
Judge B. Michael Chitty
The 422nd is located at the end of the first floor.
Phone: 972-932-4331 Ext. 1257

Posted by Robert Guest | Permalink | Email This Post | Comments ( 2 )

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I haven't contributed to the blog discussion on the West Texas Polygamy raids because I know very little that is not on CNN. However I have dealt with CPS in Kaufman County and in East Texas

I had a contested hearing on a removal by Kaufman CPS. I am not sure if this experience is reflective of all CPS cases in Kaufman. However, I was taken aback by the process.

For starters the CPS attorney referred to me as a National Socialist German Workers Party member. My "Nazi" actions were to have a contested hearing challenging a CPS removal and then actually filing discovery (which was disallowed). I couldn't believe that CPS could take children from their parents and the parents could be denied the ability to learn anything about the removal through discovery.

The contested hearing featured a constant running dialogue/objection from the CPS attorney. I have never had opposing counsel simply talk the entire time during my questioning. It was surreal.

It seemed that CPS started with a conclusion (the parents are bad and must be rehabilitated) and then ignored all evidence to the contrary. If the parents want their children back they must enter "the program" of CPS supervision and classes.

I will not be surprised if the polygamy raids fall apart for lack of evidence. I expect CPS and law enforcement to hold these children hostage until the parents "cooperate" to get their children back. There are serious problems with child abuse in Texas. However, government needs to be accountable for taking children away from parents.

On the Arrogance of Government
The "tip" that led to the polygamy raid has turned out to be false. On the TDCAA message board "RTC" remarked that law enforcement should have done a better job investigating before sending in the SWAT team to take 400 children away from their parents.

Williamson County DA Jon Bradley quickly responded with his typical Statist apologetics.

For the benefit of any law enforcement officers who may frequent this web site, please understand the preceding post does not represent the opinion of TDCAA or prosecutors in general. The poster's identity is anonymous but, based on his previous postings, is likely not a prosecutor or even someone involved in law enforcement.

He probably sees no irony in the rather cowardly way he has stated an unsupported conclusion (i.e., that law enforcement somehow failed in their initial duty to investigate) and left his identity a secret to avoid being mocked and identified publicly as a silly finger-pointer who hates law enforcement for no better reason than it makes him feel better about himself.

According to Mr. Bradley questioning an unjustified SWAT raid makes one "a silly finger pointer". There seems to be no circumstance under which Mr. Bradley can question any aspect of government action.

I am sure that Mr. Bradley's rhetoric has a lot to do with making himself feel better. After all he spends his days destroying lives to further Prohibition. That would make a normal person feel pretty bad.

John Adams helps breaks down Mr. Bradley's myopic views-
Power always sincerely, conscientiously, de très bon foi, believes itself right. Power always thinks it has a great soul and vast views, beyond the comprehension of the weak.

Posted by Robert Guest | Permalink | Email This Post | Comments ( 6 )

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As long as I have been practicing criminal law I have been watching DWI videos. As a prosecutor in East Texas DWI videos were on VHS tapes. This was very inconvenient for trial. I had to write down the time stamp for each scene I wanted, while noting all any objectionable material (defendant's criminal history blaring over the police radio) etc. I spent time at trial awkwardly fast forwarding, reversing, pausing etc. Very cumbersome, those old VHS tapes.

In Kaufman County DWI videos are on DVD. Not a great technological leap forward from VHS. A DVD has a better picture, and is more convenient to browse. However, a DVD offers no more information than a VHS tape.

AVD Viewer-
Today I received a DWI DVD from the Kaufman District Attorney. It was an incar video from the Terrell Police. It looked like all the other DWI DVDs I usually receive. However, when I loaded the disc into my work computer a new program opened up. I usually watch DVDs on Power DVD. This disc opened up in AVD Viewer, a program by L3 Communications.

AVD viewer is a real leap forward. For starters it has a panel of "triggers" that tell you when the police are hitting the brakes in the car, or when the emergency lights are on, inter alia. AVD also allow me to choose which microphone to listen in on. For example- I could listen to the in car mic, or the officer's personal microphone. It also allows the user to pick between different police car views.

The disc also includes a chain of custody page where I can see who logged the video into evidence. My only gripe is that the program seems a little buggy. It will freeze up on me more than I like. As a DWI defense lawyer I prefer even a buggy DVD that contains more information. Overeall AVD is not a Star Trek leap forward in technology, but a good start.

Posted by Robert Guest | Permalink | Email This Post | Comments ( 7 )

Posted In: DWI , Kaufman County

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My First Job
...was with the Wichita County Public Defender. It did not prove satisfactory for a few reasons. First of all, the misdmeanor prosecutor would offer time served and no fine to 90% of my clients. The Sheriff had a policy of giving 2 for 1 credit for time spent in jail.

Typically I would be assigned a defendant who had spent 21 days in jail. Defendant would be placed on the jail chain and dragged into court. The DA would offer 42 (21x2) days time served, with fine and court costs paid for. The defendant had a decision to make- Get out of jail with no fine, or fight the case and stay in jail. Hmmmmm..... Tough choice.

It was a no brainer for defendant's to accept the plea bargain. I spent most of my time explaining plea papers and guilty plea consequences.

Labels: Kaufman County, Public Defender

Posted by Robert Guest | Permalink | Email This Post | Comments ( 0 )

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You take some field sobriety tests, blow or not blow, and then a police officer subjectively and unilaterally decides you are intoxicated. You spend all night in Kaufman's really nice jail. Bail is set in the morning between 7-9AM. In Kaufman bail is usually between $1,000 and $3,000 for a DWI first offense.

ALR Hearing- If you hire a DWI defense lawyer within 15 days of arrest they will challenge the suspension of your license. These challenges are heard at an ALR hearing. ALR stands for Administrative License Revocation. ALR hearings are very hard to “win”. The rules make a State victory almost automatic. However, winning at the ALR hearing does not prevent the State from filing a criminal charge against you for DWI.

Occupational Driver’s License- If we lose at the ALR hearing your license will be suspended between 90 days and 2 years. You are allowed to apply for an Occupational License to drive to work and to perform essential household duties.

Indictment/Information- The criminal case against you begins with either an indictment or information. In Kaufman County this takes between 3-6 months, sometimes longer.

Misdemeanor DWI cases begin when the State files an information. An information is merely a piece of paper signed by the prosecutor stating that you committed DWI on a certain date. Once that is filed you will be assigned a first court appearance.

If your case is a felony DWI (DWI 3rd or more, DWI w/child passenger) you will be indicted by a grand jury. The grand jury is a board of citizens chosen by the DA to rubber stamp cases. They will always choose to indict a case if asked.

1st Appearance/Announcement- After your case is filed you will be notified by mail (usually) of your first appearance in court. You MUST keep in contact with your bail bonds company during this time. Your bail bondsmen or the court should notify you of your first court date.

DWI Pre Trial Hearings Most DWI cases could use a pre trial hearing. DWI is such a technical, scientific, and procedure intensive crime. A suppression motion, motion in limine, or discovery motion is always in order.

Trial-All criminal cases end one of three ways- a plea bargain, a trial, or a dismissal. Sometimes a DWI case will be refiled as "Obstructing a Highway" as part of a plea deal. Almost every case set for trial in Kaufman County Courts are DWIs. No misdemeanor case carries more cost upon conviction.

To ensure the best results for your Kaufman County DWI here are some guidelines.

1. Don't take field sobriety tests. Why would you? These tests can not detect if you are sober. The false positive rate is astronomical.
2. Don't take a breath/blood test. Again, why would you? If you are so obviously intoxicated as to warrant arrest the State doesn't need the evidence anyway.

If you are not intoxicated and the machine malfunctions and scores you at .16, don't expect the cops to let you go. Belief in the Intoxilyzer 5000 is dogmatic among law enforcement.

Finally, even if the machine is accurate a breath score opens the door for the voodoo science of retrograde extrapolation. RE is junk science, based upon a junk machine.
3. Hire a DWI defense lawyer as soon as possible. The ALR hearing is of critical importance. Do not give up your opportunity to defend your right to drive.

Posted by Robert Guest | Permalink | Email This Post | Comments ( 1 )

Posted In: DWI , Kaufman County

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Kaufman County Online reports on where local candidates stand on building a new courthouse for Kaufman County.

To summarize the arguments-

Pro New Courthouse- The current courthouse is too small, we need to expand. Let's move the courts next to our new jail (next to the highway).
Anti New Courthouse- Voters rejected this idea. Quit issuing bonds and raising taxes. The voters rejected a new $22M courthouse two years ago.

Some Background
The Kaufman County Courthouse is located on the Courthouse Square in downtown Kaufman.
Texas has some great courthouses, Ellis County (Waxahachie) is my local favorite. One thing our courthouse does not have going for it is aesthetics. Our courthouse is.... not beautiful.

The courthouse hosts 4 courts, the District Attorney, District and County Clerk, and the County Judge's office. It is crowded and jury trials are difficult in the two smaller court rooms. Kaufman is growing and expansion is going to become a necessity.

Save Downtown Kaufman
Beyond dispensing justice and solving legal problems the Courthouse also sustains downtown Kaufman. The square is host to numerous law offices (including my office), retail, and restaurants. My favorite lunch stop on the square is Kudo's.

Moving the courthouse would kill downtown. There are many buildings for sale on the square. I have often considering buying. The possibility of the courts moving is depressing downtown real estate values and deterring investors.

Some ideas
If town squares have value, then Kaufman's is worth saving.

Plan 1-
I propose that the county purchase some of the empty buildings on the square and relocate some non court offices. Or, buy the land northwest of the courthouse and build a new courts building there. Maybe make one court building for county courts/clerk and one for district courts/clerk.

Plan two-
Create criminal courts and move those next to the jail. That would cut down on transportation costs for prisoners and leave the courthouse open downtown.

Plan 3-
Legalize drugs. This would reduce the need for more jails and court rooms and increase sales tax revenue. A win/win. I'm not sure if our county commisioner's would support this plan.

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