April 30, 2008

Kaufman County District Court Information

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

April 18, 2008

Kaufman CPS Court- One Experience

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.


March 18, 2008

Kaufman DWI Videos 2.0

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.

February 27, 2008

Kaufman Public Defender- Job Opening

Job Opening- Kaufman Public Defender I have received a few emails from readers looking for criminal law jobs. The Kaufman Public Defender has an opening for an Assistant Public Defender. Call Andrew Jordan for details.

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.

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February 25, 2008

Kaufman DWI- The Process

You are arrested for DWI In Kaufman County DPS is involved in most DWI arrests. DPS officers initiate many DWI stops on I-20. DPS troopers are also frequently called by local police to administer field sobriety testing. It is a rare DWI case in Kaufman that does not involve a DPS trooper.

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.

February 20, 2008

A New Kaufman County Courthouse?

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.

February 19, 2008

Kaufman County Probation- Stupid Rules

Probation 101 Despite the best efforts of defense counsel the vast majority of criminal cases end up with a plea bargain. In Kaufman County the vast majority of plea bargains involve probation. In general, compliance with probation terms means a defendant can avoid jail time.
Here is page 1 of an Order Imposing Conditions of Community Supervision for Kaufman District Courts. Let's take a closer look at what can send probationers to jail. (Note- Probation and Community Supervision are the same thing).
First their are the obvious rules 1,2,6, 8,13 etc. Report to probation, don't use drugs or commit any more crimes, take drug tests.
Then they are the "give us our money" rules-14, 15, 16, 17. Nothing raises revenue for the government like the threat of incarceration.
Now for the stupid rules
Rule 3- "Avoid persons and place of disreputable or harmful character including... any person convicted person convicted of a crime or on community supervision." What makes a person disreputable? How does a place have "harmful character?"
Besides being vague this rule is a logistical impossibility. Texas has more probationers than any other state, over 420,000. Who does not have at least one friend, family member, or co worker who was ever convicted of any criminal offense? Complying with this rule would be a Sisyphean challenge and make George W. Bush off limits to probationers.
Rule 5- Don't gamble, buy lottery tickets, or play "any game of chance" ????? This stupid rule is so broad it would seem to cover the McDonald's Monopoly game and your office March Madness bracket. Is the road to criminal recidivism is paved with scratch off tickets?
Rule 11- Stay in Kaufman County, counties that touch Kaufman county (or the county you live in, and counties that touch that county.) Probationers are not nuclear waste. They have jobs, families, and responsibilities that require travel.
Stupid Rules in Action
Let's pretend that all probation rules were enforced with equal vigor. Joe Defendant is on probation in Kaufman County for marijuana possession. Joe lives in Kaufman and works in Frisco. According to rule 11 Joe is risking jail by going to work (Collin County doesn't touch Kaufman). However, rule 9 requires Joe to maintain employment.
Joe quits and gets a new job at TGI Fridays. However, rule 4 prohibits Joe from "go[ing] places where alcoholic beverages are sold, served, or consumed."
So Joe quits again and gets a job at Radio Shack. Joe learns that his new boss at Radio Shack has a DWI from 1982. Joe, wary of stupid rule 4 quits and looks for work again.
Being out of work, Joe is behind on his payments to probation. Desperate, Joe decides to buy one lottery ticket and wins a million dollars!!! He pays off his probation fees and works to start a new life. First, however Joe's probation is revoked for gambling, going to a bar (Friday's), and hanging out with criminals (boss), and he serves 90 days in jail. Reality of Stupid Rules These stupid probation rules are binding but not always vigorously enforced. Most probation revocations I see are for committing a new crime, or for drug use. Rules that do not promote public safety or should be scrapped. Just because we can make probationers do something does not mean that we should.
February 10, 2008

Kaufman Attorney Waivers- HB 1178 in Action

I blogged on the progress, and eventual signing of HB 1178.
This bill prevents prosecutors from speaking with pro se defendants until those defendants have signed an attorney waiver.

Here is a Kaufman District Court waiver. Would you sign this?


I had experience with a similar (and much shorter) waiver in East Texas as a prosecutor. Defendants would sign these almost 90% of the time so they could "talk with the DA."

While 1178 will not be a panacea for our criminal justice system, it at least puts defendants on notice that pro se representation is an awful idea

Now for a fun exercise. Here is the attorney waiver in Haiku form

We know you're guilty
Sign this waiver Defendant
Probation Awaits

December 17, 2007

Kaufman County Drug Dog- Meet Galvin

Only the War on Drugs could take the greatest companion animal ever, the dog, and make it an unwitting accomplice to Constitutional destruction. I filed an open records request for all narcotics detection canines in Kaufman County. I received the training manual and statistical history of Galvin, #DPS66.

Galvin has been brainwashed by the good people at DPS to sniff out non violent offenders... I mean to find narcotics. Galvin's natural prey drive and love for humans has been redirected into Prohibition enforcement.

Much like baseball players drug dogs have career stats pages. Here are Galvin's-



Consent Searches
Between 2005 and 2007 Galvin has recorded 381 searches. Of those 118 are listed as "consent" searches. This list came without any instructions or definitions. My guess is that"consent" searches are those in which the officer lacked probable cause and asked the suspect "Do you mind if we search your car?"

I hate the "Do you mind" search questions. They should be outlawed. Such a serious waiver of rights should not be shrouded in such benign phrasing. The implication of "do you mind" questions is that only some rude criminal would dare "mind" that a noble officer searches his car sans warrant.

Officers should be required to state "Do you mind waiving the 4th amendment and curing any Constitutional violations I am committing by searching you without probable cause?" or "You know that Bill of Rights, I am going to piss on it, will you help me?"

Of these consent searches 71 resulted in no drugs being found. Fishing expeditions for drugs are only a complete failure 60% of the time.

What is a Cold Find?
This report also mentions a "Cold Find". I have no idea what a "cold find" is. Do you know? Some reader input would be appreciated here.

Alert- No Drugs
How often is Galvin flat out wrong? How many times does he signal "drugs" and none are found? At least 17 times out of the 381 searches. Does that mean Galvin is 95% accurate?

Not really. Galvin did not alert at all 266 times. "No alert, no find" is the most common scenario for a search. Out of 381 uses of the drug dog 2/3 are a complete waste of time.

381-266=115. I am assuming that the "cold find" and "prior evidence" finds include an alert by Galvin. That would make Galvin wrong over 10% of the time he "alerts."

Galvin
I have never met Galvin. I am sure he is a great dog. I do not hold him responsible for the failed policies we force upon him. However, we allow "alerts" by drug dogs to establish probable cause. With a dog that is wrong at least 10% of the time the courts should (and won't) rethink that policy.

With a drug dog search policy that does not find drugs 2/3 of the time, we should all rethink Prohibition enforcement.

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December 8, 2007

Kaufman Public Defender- One Year Later

The Kaufmnan Herald has a good article about the Kaufman Public Defender. I was a pubic defender out of law school, it is a tough job for many reasons from bad breath to mental illness to clients who berate and.or do not trust you.

Kaufman's Public Defender office was created a year ago and everyone interviewed glows about the office's successful first year. By all account Andrew Jordan has created an effective office out of nothing; no small task. Texas has a handful of Public Defender's offices, most indigent defense is handled by private court appointed attorneys.

The news article seems to focus on the cost savings to the county. Much is made over the fact that the average cost per case is down 50% over 2005-2006. Is that a good thing? I know the county wants to save money but the government created the need for indigent defense. Instead of looking for the cheapest defense maybe we should rethink our incarceration epidemic.

Chief Public Defender Andrew Jordan shows some insight into the frustrations that come with having scores of mentally ill in the criminal justice system. Here is a great quote-

“Sadly, over the last several years the Legislature has continued to under fund programs that care for people with recognized mental illnesses.”According to Jordan, the result has been that the county jail has become the de facto care facility for citizens who, through no fault of their own, can't interact in society. “In addition to being expensive and presenting a liability issue for Kaufman County, it's simply inhumane,” Jordan said. “Many of these individuals also qualify for my office's services so that area of the law is of particular importance to me. Hopefully in another year I can report that we have found a way to balance public safety against the absolute need to take a more compassionate approach to the mentally ill who enter our criminal justice system.”

That is absolutely true. The mentally ill are constantly arrested and shuffled through the criminal justice system. When I was a prosecutor in East Texas we had a few defendants who constantly got arrested for "criminal trespass." Here was the common scenario.

George is a homeless mentally ill alcoholic. Bill, who owns the local 7-11 is tired of George showing up drunk and begging for money in the parking lot. Bill has the police give George a criminal trespass warning. George is now banned from the 7-11.

George is still a homeless mentally ill alcoholic and returns frequently to the 7-11. George is arrested for criminal trespass and can not make bail. George is too mentally ill to plead guilty to anything, and the State treatment facilities are full and will not take George for a few months. Robert, the friendly prosecutor routinely drops charges against George to get him out of the County Jail because it is too expensive to incarcerate the mentally ill indefinitely.

A variation on the scenario- Sometimes the mentally ill would get back on their meds in jail and sober up to the point the could plead guilty if they wanted to.

For good reading on Mental Health problems in Texas Criminal Justice, have some Grits.