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Beat The Rap

Defending The Accused in the Modern World

Destination Unknown?

One of my earliest posts on this blog was about knowing when you've won. However, if you don't know how you want something to end, then you don't know how to begin - and neither may your ...
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Once Again, Backpage Bust is Front Page News

The Wall Street Journal recently reported that Houston led the nation in new manufacturing jobs, and it seems the Harris County Sheriff's Office, eager to do its part, has manufactured another ...
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Don't Call It DIVERT

As per local news reports, the Harris County District Attorney's Office began a new DWI pre-trial intervention (PTI) program in April for first time defendants. This program was established to ...
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Targeting Charities

I haven't seen many of these used on the range, but this was the only box left at Gander Mountain. On a related note, my all criminal-lawyer team in the personal injury lawyers' recent charity ...
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Genius?

Courthouse regulars are familiar with this sight. For a handicapped person, the gullwing doors are probably a godsend. And, then, there's the whole time machine thing....
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The Kaufman County Rewind

In the first few days after the murder of the Kaufman County District Attorney it was widely reported that the Aryan Brotherhood of Texas was suspected. With the arrest of a disgruntled former justice ...
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Reduced Punishments for Repeat Prostitutes? (Updated)

I try to avoid writing about pending bills because I want to focus on actual laws rather than potential ones, but the Texas Tribune has an interesting post about about a bill rolling back felony ...
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In the Image of God or the Tradition of Pilate

I was on a panel this morning with other professionals who work in criminal justice to discuss this from my perspective as a defense attorney. My introduction was that all of us will have the ...
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Travis County DA Arrested for DWI (Updated)

Rosemary Lehmberg, the duly elected District Attorney of Travis County, Texas, (Austin) was arrested for Driving While Intoxicated late Friday night near the intersection of RM 2222 and FM 620, near ...
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Sign of the Times

This sign was seen on Pierce street near downtown. All I can say is, I don't know the backstory here, but none of them can, as this blog has written many times.
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DPS Ignored Bad Lab Work Too Long

If anyone is looking for yet another reason not to take a crime lab's word for it, comes a report from the Texas Forensic Sciience Commission that supervisors at the Texas Department of Public ...
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16 Can Get You 20!

Rarely the week goes by that I do not receive a call or two about Texas Statutory Rape law. This can be confusing because Texas doesn't call it Statutory Rape. We call it " Sexual Assault of ...
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Prostitution Bluff Catches Poker Star

Using tactics similar to those of Houston area police agencies, a North Carolina backpage.com prostiution sting caught an attorney from a recent high profile case and former World Series of Poker ...
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Pope Named Francis A Novel Idea?

In 1979, American Lawyer and author Walter Murphy' s novel, The Vicar of Christ became a best seller. It is the fictional story of an American lawyer and marine who wins the Congressional Medal of ...
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Should've Been a Banker

Late last year, Marco Antonio Delgado, an El Paso lawyer accused of laundering $600 million dollars of drug money was denied bail by a federal court in El Paso, Texas. A few weeks later, the same ...
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Common Sense Is Often the Best Defense

A colleague of mine likes to explain the law of possession to potential jurors in drug trials by relating an experience he had in college in hopes they might ultimately use their own life experience ...
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Bad Local Cops Make News, Unmake Cases

Sometimes it feels as though one can't make it a week without hearing of a local peace officer being accused or convicted of criminal activity or other misconduct. This week was no exception and ...
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Testilying in the New York Times

Over the weekend, The New York Times published an op-ed by author Michelle Alexander on why police officers lie under oath. This is an important piece to consider for both the real world examples and ...
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Thousands of Reasons Not to Blow

People commonly ask DWI Defense Lawyers whether they should submit to a blood or breath test if pulled over. Typically this question is asked at a cocktail party or bar by someone who is already ...
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Google Will Drive Down Crime

Driverless cars are coming and that according to the AP, that foretells the end of millions of jobs for people who drive for a living and even Paul Krugman is impressed. It also means the end of ...
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Corporate Genesis of the Painkiller Abuse Epidemic?

I would guess that most criminal defense lawyers in America have handled a case or twelve related to the growing epidemic of the abuse of prescription pain killers - whether for possession, ...
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Even a Little Family Violence Goes a Long Way

I frequently receive calls from fellow Texans who have successfully completed a Deferred Adjudication for a Class A Misdemeanor Assault on a family member. They want to know two things - can they buy ...
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Special Treatment? Bank on It!

On September 25, 2012, in a Laredo federal courtroom, Josue Alejandro Salinas, 22, David Villarreal, 40, and Jose Vasquez, 44, were sentenced to federal prison for 84, 97, and 87 months, respectively ...
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Are Prostitution Stings Legal?

In the interest of shameless self-promotion, below is a link to an article written by me published in the November, 2012, issue of Voice for the Defense, the online and print magazine of the Texas ...
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Runs in the Family

The recent Presidential election reflected a recent trend in American politics, though not one discussed in the endless conservative navel gazing and liberal gloating over the results. For the first ...
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