Articles Posted in Kaufman County Criminal Defense Lawyer

The City of Kemp, Texas and it’s police chief are being sued in the Eastern District of Texas for an alleged false arrest and police brutality by Robert McCollom (Plaintiff). Kemp disbanded it’s police force in 2012 and the Kaufman Sheriff’s office was going to patrol Kemp. I am not sure when Kemp PD undisbanded (rebanded?) but apparently they are out making arrests again. The City of Kemp and the Chief of Kemp PD Jimmy Council (who was rescued last year after falling down a well in Lassie-eqsue fashion) are being sued along with a Kaufman Sheriff Deputy in a 1983 action. Let’s look at the case and learn about federal civil rights lawsuits shall we?

What’s a 1983 case?

42 USC Section 1983 allows lawsuits against state actors for constitutional violations. That is, if a state or local government official violates your constitutional rights under the “color of law” (as part of their government employment) you can sue them in federal court.

I went to my first DFW NORML meeting last night and came away very impressed. Really good speakers and a lot of very friendly and enthusiastic supporters. Over 120 people showed up on a holiday weekend, which is something I wouldn’t have thought possible 10 years ago.

When I first started blogging legalization and reform of marijuana laws was still not a mainstream topic. Locally in Kaufman County I know at least a few people thought it was a strange issue for me to champion. Back then we had a few medical marijuana states, but no where near the momentum we have now.  It’s rare now that I discuss marijuana prohibition with anyone under 40 who thinks it’s a successful program that should be continued. The game has changed folks, and momentum is on the side of freedom and growing every day. Much more media attention on the issue, polls are showing that political majorities across the country support reform, and the scientific evidence for marijuana’s medicinal qualities is too strong to question at this point (unless you’re the DEA).

That’s the good news. The bad news, we still live in Texas and authoritarian social conservatives still exert too much influence on the political process. We can fix things in the Lone Star State, but like any political movement more people need to get involved. The best way to do that is to join your local NORML chapter.

A recent appeal from Kaufman County highlight the dangers of self representation in criminal cases. In misemeanor cases it’s alarmingly common for defendants to walk into court and sign away their right to counsel. These pro se defendants talk to the prosecutor and almost always end up accepting whatever plea bargain is offered. It’s common for these defendants to later try and change these guilty pleas when they realize that a) this criminal case is on their record forever b) they weren’t guilty and they wished they hadn’t pled to the charge or c) they realize they got a horrible deal and now they want to renegotiate.

For felony cases it is less likely that a defendant will proceed sans counsel. For felony jury trial it is even more rare. It is the height of hubris for someone to think that they can walk in and pick twelve jurors when they are facing both a skilled and experienced prosecutor and years behind bars. You may not be surprised to know that some felony defendants are not known for making great life choices, and hence we have the occasional pro se jury trial. It’s usually a train wreck of sorts, and the defendant always loses.

When the defendant loses they often ask their appellate lawyer to try and get the case reversed because they realize that going without a lawyer was a horrible idea. Which leads us to our case of the day-

Criminal defense clients come into consultations with a lot of anxiety about the process, and they want to know what they can to do to help their case. I get it, being arrested is a traumatic experience and you have a strong impulse to “do something” to make this better. Focus that energy and you can your defense lawyer do his/her job. Here are 5 ways to help your criminal case.

1. If this is a drug or alcohol case, let’s work on those issues now.

First a libertarian disclaimer- I don’t think anyone should be arrested for drug possession. I find recreational drug use morally neutral. However, the State disagrees with my view and wants to arrest everyone every time they use drugs.

Good question. One of the ways our criminal justice system extorts guilty pleas out of defendants is by wasting their time. The biggest time waste in the criminal justice system is requiring Defendants to show up at every court setting. It’s most ridiculous is misdemeanor cases and it’s a huge loss of productivity since most defendants are missing many days of work just to show up for their pot case. It’s not unusual for Defendants to be fired for going to court.  The situation varies by county, in Dallas county your lawyer can show up for most misdemeanor settings. In Kaufman County the Defendant has to appear at every setting, with one exception.

About once or twice a month we will get a client who needs to move a court date and can’t make it. This is always a dangerous proposal and we advise them that it’s up to the judge to allow a case to be reset sans appearance. If a client chooses to just not show up and we haven’t worked it out with the court, then the Defendant can be charged with failure to appear.

What is failure to appear in Texas? 

Mark Bennett runs my favorite Texas defense lawyer blogs, Defending People. Mark has been arguing that part of the Texas law regarding Online Solicitation of a Minor is unconstitutional since 2008. Today, the Court of Criminal Appeals agreed and ruled 9-0 that part of the statue, 33.021(b)(1) is a violation of the First Amendment. Congrats to Mark. Let’s look at the opinion.

Online Solicitation of a Minor- What’s the law? 

The statute is a mess to read, so I’ll summarize. Basically, a person who is 17 years of age or older commits an offense if, with the intent to arouse or gratify the sexual desire of any person, the person, over the Internet or by electronic mail or a commercial online service  communicates in a sexually explicit manner with a minor; or distributes sexually explicit material to a minor, or knowingly solicits a minor to meet with the intent that the minor will engage in sexual contact, sexual intercourse, or deviate sexual intercourse.

Corey Freeman had a bench trial and was convicted of online solicitation of a minor. Corey challenged the law as being unconstitutional for two reasons. One, was that he claimed the law was a strict liability offense in that there was no requirement that he actually believe he was talking to a 13 year old, and second that the statute infringed on his first amendment. The Dallas Court of Appeals disagreed, which is not surprising, almost every conviction and statute is upheld on appeal. This is Texas after all. On a side note, it’s the exact opposite situation for civil appeals, where judgments for plaintiffs are routinely thrown out to better serve our corporate overlords. But that’s a story for another day. Let’s take a closer look at Freeman vs. State.

Facts- Freeman was in a chat with a person identified by the screen name of “brook_chick13.” BrookChick13 stated in communications to Freeman that she was a thirteen-year-old girl. I’ll quote from the opinion here.

Their conversations, over the span of several months, gradually escalated in sexual explicitness. During the correspondence, appellant mentioned wanting to take the girl’s clothes off, kissing her, pulling off her pants and licking her, and “sliding into” her–all the while being reminded by her that she was only thirteen years old. In actuality, appellant was communicating with a male police officer.

It’s another No-Refusal weekend across the Metroplex. That means cops are going to seek blood warrant, and hold you down and take your blood vampire style. Murica!

First, let’s remember how we got here. The legislator passed laws limiting the ability of officer’s to hold you down and steal your blood.That wasn’t good enough for our convict-at-all-costs prosecutors, who got activist judges to effecitvely destroy the protections that were in place.

So now officers will fax their fill-in-the-blank warrants to friendly Judge Rubberstamp to take your blood, because the system needs arrests so we can justify more government employees and higher budgets fora agencies.

As part of the my ongoing open records work I requested the racial profiling data for our local DPS office. I received a breakdown of stops, citations, and searches by race/ethnicity for all stops in Kaufman county for the first 6 months of the year. Texas law requires the recording of this data, which anyone can ask for. Check out my open records 101 guide for a how to.

Let’s look at the data shall we. 13-2328 (13-06-25) letter to requestor.pdf

In the first 6 months of 2013 there were 7,312 total traffic stops by DPS in Kaufman County. 4,744 of those stops had white drivers, 1,685 had black drivers, and 439 had hispanic drivers. Asian, Indian, and “Other” are the remaining choices. I’m assuming Indian means Native American, but who knows.

When you ask potential jurors how they feel about defense experts you will usually hear some voices of distrust. They will think that defense experts are “hired guns” and are approached with some degree of skepticism. I’ve found that many jurors are less cynical when it comes to Department of Public Safety (DPS) experts.

Here is how broken our criminal justice system is. The Department of Public Safety is an agency of the State of Texas. The same State of Texas that is bringing a case against the Defendant. DPS has it’s own army of Troopers who arrests drivers for all sorts of offenses, but mostly make believe “crimes” (drugs) and opinion crimes (DWI).

So after a DPS trooper takes your blood in a DWI case, where do they have this evidence analyzed? At their very own DPS lab! Run by their DPS buddies! The lab will “analyze” this evidence and then show up in court to say…. guess what.. the State should win and the defendant is guilty! It’s like having as A-Rod as the homeplate umpire in the next Rangers-Yankees series.

Contact Information