Super Bowl LI: Good decisions gone bad.
In case you live in a bubble, on February 5, 2017, Houston will host the 51st NFL Super Bowl. While the game will attract millions of worldwide viewers, it is the events leading up to the game that will draw the most attention. Houstonia Magazine has been running a feature, highlighting everything you need to know in preparation for Super Bowl LI. Perhaps more important than the parties is understanding what to do when the wheels come off during one. So if you or your mate’s motto is “bad decisions make for good stories”, keep reading.
First Quarter: 5th Amendment.
You didn’t plan on being out long, but you bumped into Johnny Football. Before long, you’re dropping your flag football college intramural stats. Next thing you know someone in his entourage hands you a shot. And another. And another. Time flies when you are partying with JFF and now it’s 2:00 AM. Uber is running 5X their normal rate and, besides, you feel invincible. You hop in your car to head home. It’s just a few blocks away, but valet turned your auto lights off and the eyes of Texas are now staring down upon you. Red and blue flashing lights appear in your rear-view mirror. Two officers approach your driver side window. “You had anything to drink tonight?”
You have the right to remain silent, but you also need the ability. Know that anything you say will be used against you. Remember two lines: “Am I free to leave?” If the answer is “yes”, leave. If the answer is “no”, then “I’d be happy to cooperate with my attorney present.” No more, no less.
You drop $250 for a once-in-a-lifetime chance to attend the Playboy Party. You’ve fallen in love eight times tonight, but the ninth time it’s for real. That is until some bro slides in on your wife-to-be. Words turn to insults. Insults turn to shoving. Unknown to your adversary, you’ve been trained by Miyagi Dojo and unleash a crane kick in the middle of the crowd. Of course, crane kicks are better suited for 1980s Hollywood, and yours lands on the face of wife-to-be number nine. “That’s assault Brotha” and the men in blue have taken notice. Walking away in cuffs, you get the attention of your buddy, “get me outta here.”
There are 2 ½ options for bail in Harris County:
(1) Post a Surety Bond: Contact a bonding agency or Harris County criminal defense attorney who will cover the bond for a fee of approximately 10-15% of the total bond, So if the bond was $20,000, you would pay $2000 to the bondsman and he would cover the total bond. The $2000 fee is non-refundable.
(2) Post a Cash Bond: If you post a Cash bond, you will pay 100% of the bond amount. For example, if the Bond is $500, you pay $500. If the bond is $10,000, you would pay $10,000. Once the person’s case is disposed of or complete, the amount posted will be refunded.
To post a cash bond:
- Go to the Jail Public Information Inquiry or call the Jail Information Line at 713-247-5400 / 713-837 – 0311 and type in the necessary information.
- Print the search result page or write down the person’s location, arrest number, name and date of birth.
- For any offense greater than a Class B Misdemeanor take cash along with your photo ID to 49 San Jacinto, Houston, TX 77002 (phone: 713-755-8040). Be prepared to wait in line.
(1/2) Hope for a Personal Recognizance (PR) Bond: a PR bond is where the person is released upon his or her own promise to appear. These bonds are reserved for low-level, low-risk persons with no criminal history. Neither a bondsman nor a cash bond is needed for release. While still unique in Harris County (hence the ½), these bonds are gaining traction.
Third Quarter: Appearing For Court
Bail has been posted, you have been processed and 6-8 hours later you are saying goodbye to your new jailhouse friends. You are dazed. You are confused. You are tired and you are hungry. If anything, keep track of your bond papers. On them, you will find your court number, court date, and court time. In Harris County, the court date could be as soon as the next day. Don’t be late for court, your bond may be revoked. Time to lawyer up.
Fourth Quarter: Odds and Ends
Phone Call: In jail, there will be phone access. If you receive a collect call, answer it and keep it simple. These phone calls are recorded. If the person in jail is calling your cell phone, you’ll need to set up an account at www.GTL.net in order for them to get through to you.
Vehicle Towed: If the person was arrested for an incident involving a car, it was likely towed away. Call the Wrecker tow line, 713-308-8580, or go to houstonpolice.Org, Find my Towed Car, where you can search by license plate and/or VIN number.
If you learn there is no bond (i.e. the person is on probation for another case, on bond for another case, violent charges, or the person is considered a flight-risk) contact a Harris County Criminal Defense Attorney, who will get a bond set (same advice applies if an extremely high bond is set).
Harris County Criminal Justice Map:
The REAL Gift Guide for Lawyers
Know a lawyer? Like the lawyer? With the holidays upon us scroll past the gavels, scales of justice, and law books, here’s The REAL Gift Guide for Lawyers.
***Gifting Scale (1-5):
- 5 = Got away with murder
- 4 = My case was dismissed, but it should have been.
- 3 = No jail time. Thank you.
- 2 = I should be out in a year.
- 1 = I can appeal it, can’t I?
Alcohol
Rating: 3
Cost: N/A
Duh. Any bottle will do.You can go a step further and gift a yearly prescription of Wine or Spirits delivered straight to your lawyer’s office door.
Waverly PilotTranslating Headphones
Rating: 5
Cost: $199.
Légitime. That’s legit in French and is exactly what these headphones are. With the ability to translate five different languages, your alibi can be tested in English, Spanish, French, Italian, and Portuguese. These can be pre-ordered now and delivered May 2017. Next fall languages such as Chinese, Japanese, and German will be integrated.
Bullsh*t Button
Rating: 2 1/2
Cost: $8.95
Anyone can drown out a bullsh*t with a sneeze, but not everyone can push a button that screams it. “Your Honor, I object, [press bullsh*t button].
Wireless Headphones
Rating: 3
Cost: $17 – $399
Put your lawyer in the zone with these Bluetooth operated wireless headphones providing precision sound without all the mess. Sit back and relax as your lawyer delivers a memorable closing argument to the tune of Thunderstruck.
Hover Camera Passport
Rating: 5
Cost: $599:
Lawyers love them some lawyers. This selfie stick on steroids connects to your smart-phone and hovers over you while simultaneously capturing epic aerial footage. Look at me now!
Swagtron T1 Hover Board
Rating: 5
Cost: $349
Remember when lawyers walked to the courthouse? Not anymore. Give the gift of swag in the form of the Swagtron T1 Hover Board, known in the hovering community as the best value on the market. An added bonus, if you dislike your attorney, there is a chance the thing blows up.
BulletBlocker Bulletproof Executive Briefcase
Rating: 4
Cost: $299
Who doesn’t want a lawyer with bulletproof accessories? This briefcase houses bulletproof lining and is guaranteed to keep your case file secure. Not sold yet? Doubling as a bulletproof shield it is guaranteed to keep you and your legal team safe.
Bullet Blocker Bulletproof Leather Tote
Rating: 4
Cost: $369.99
For the bada$$ female trial lawyer.
Fitbit:
Rating: 3
Cost: $59.99 – $249.99
Is your lawyer a fitness fanatic? If not, should they be? Give them a subtle hint in the form of a fitness-tracking device capable of reporting such things as heartbeat, calories, and sleeping patterns. Better yet, locate their online username and data to see just how fast their heart beats when their objection is denied.
Mini Nintendo NES Classic Edition
Rating: 3
Cost: $59.99
Depositions and meetings can drag on for hours. Break it up with the Mini Nintendo NES Classic Edition. A slice of heaven pre-programmed with 30 original video games. Excitebike in HD on an over-sized flat screen? Yes, please.
Gadgets and Gear Spy Pen
Rating: 3 ½
Cost: $69.95
If it looks like a pen, writes like a pen, then it’s a pen. But this isn’t your ordinary pen, it is equipped with a camera capable of recording high-resolution videos and snapping high-resolution, date and time-stamped pictures. Channel your lawyer’s inner 007.
Vat 19 Inkless Pen
Rating: 2 1/2
Cost: #29.95
Nothing like having a game-changing thought with a pen out of ink. Worse is the busted ink pen that finds its way on the lawyer’s sharp outfit. The inkless pen eliminates both problems, so your lawyer has more time to focus on yours.
Easy ACC 10,000mAH Ultra-slim Dual USB Power Bank Charger
Rating: 2 1/2
Cost: $17.99
Exciting? No. Invaluable? Yes. This power bank keeps all USB devices charged and ready. With personal portable device use at an all time high, feel confident your attorney will be available 24/7.
Please Don’t Confuse Your Google Search With My Law Degree Coffee Cup:
Rating: 2
Cost: $13.99
Give your lawyer a daily reminder that he or she is as smart as they believe. Upgrade this gift with a Starbucks gift card, because no one likes sleeping lawyers.
Insults and Comebacks For All Occasions:
Rating: 2 1/2
Cost: $7.95
A lawyer without a witty comeback is no lawyer at all. Arm your lawyer with elite weapons of mass insults. “I know you are but what am I?”
Happy shopping and happy holidays.
Stock Up, Stock Down: Harris County Justice in 2017 and Beyond
s Amidst a federal lawsuit against Harris County and Harris County Misdemeanor Court Judges bail policies; amidst county-wide evidence destruction; amidst appellate court findings of prosecutorial misconduct; amidst perjured testimony from government employees; and the jailing of a rape victim, Harris County residents decided change was necessary and come January 1, 2017 a new sheriff, a new district attorney, a new criminal county court at law judge, and nine new criminal district court judges will take their respective seats.
Kim Ogg, the new Harris County District Attorney is a South Texas College of Law Houston College of Law South Texas College of Law Houston alum and will oversee the district attorney’s office for the third largest city in the nation. In her twenty-five year legal career she has spent time as both a prosecutor and defense attorney. Her prior stint in the DA’s office included involvement with the City of Houston’s first anti-gang task force as well as crime stoppers. She is well-qualified for the position as the legal community looks toward the change her campaing platform stood on.
Stock Up: Marijuana, Trace Cases, and Bail Policies
Reports of ending arrests and prosecutions for small amounts of marijuana possession have surfaced and are believed to have the support of new Harris County Sheriff, Ed Gonzalez. For now, marijuana possession under two ounces is a class B misdemeanor, punishable up to 180 days in jail and up to a $2000 fine. Possession up to four ounces is a class A misdemeanor, punishable up to 1 year in jail and up to a $4000 fine. Under the new regime possession of marijuana up to four ounces would not result in an arrest. It is also believed trace (the bare minimum) controlled substance cases will not be prosecuted.
Another area drawing attention is bail reform. In Harris County upward of 75% of all jail inmates are awaiting trial, many for low-level, non-violent offenses unable to afford bail. While personal recognizance (PR) bonds have been available for some time, they are rarely used. The new administration has emphasized prosecutors will be unopposed to PR bonds. To accomplish this task, the judges and magistrates will need to jump aboard and bond company representatives, known to make lucrative donations, must be overcome.
Each of these policies would be a step in the right direction toward ending outdated ideologies. Severely over-crowded jails would become less crowded. Arrest and conviction related job-loss would decline. Court dockets would clear up. These two policies alone would benefit the city of Houston as a whole.
Stock Down: Organized Crime and Gang-Related Activity
On the flip, as a former director of the first anti-gang task force in Houston, one can expect our new district attorney to focus on prosecuting organized crime and gang-related offenses. There have been early mentions of a special prosecutorial division tasked solely with prosecuting and investigating gang members and gang member activity.
The aforementioned ideas are just the tip of the iceberg, and Houston should expect additional changes. Questions surrounding re-filing of previously dismissed charges, pretrial intervention programs, DWI policies, are additional items that will shape the perception of the elected class of 2017.
Crimination Camps
Barbed wire, watchtowers, and guards.
Unjust punishment and dehumanization.
Uninhabitable conditions.
Propaganda and financial incentives.
Mass incarceration.
Confinement without trial.
Many Americans living in the United States during the 1930s and early 1940s, didn’t think much about Germany. Little weight was given to secondhand reports. Confirmed reports were thought to be exaggerated and beyond-belief. It wasn’t until 1945 that Americans began to grasp the devastation left behind. By then it was too late. Millions had perished.
Unfortunately, we are often too late. Philosophical studies have concluded human beings are overwhelmingly cooperative. Our need to cooperate can lead us to turn a deaf ear on issues that don’t immediately impact us. Out of sight, out of mind. It isn’t until we are personally affected that we find ourselves in disbelief. Desperate for a solution to unjust punishment.
But, this isn’t about philosophy and this isn’t about the Third Reich, We aren’t going back in time. We don’t have to because all of the above can be found right here in the American justice system; the Texas justice system; the Harris County Justice system.
The Rise of Bail: The Beginning
Bail is an old-school tool originally used to assist in ensuring a person accused of a crime would appear for court. The theory was if a person put up their own money they were more likely to show up. Seems logical, although an outstanding warrant also seems logical.
Eventually, “entrepreneurs” discovered there were financial incentives tied to bond and formed bonding companies. A bonding company guarantees the bond for a non-refundable fee around 10% of the bond amount (although some bonding companies have been known to charge as much as 100% of the bond). If the accused fails to appear the bonding company is on the hook. Meaning, the original use of bail doesn’t even apply in today’s system.
When a person is arrested, they appear in front of a magistrate who assesses bail. Harris County magistrates rubber-stamp the amount from a bail schedule. While Texas law allows for personal recognizance bonds (zero money down), they are only used 7-8% of the time in Harris County. Once the bail amount is set, the accused (or accused’s family) is responsible for getting the necessary funds together to post bail.
In Harris County it is estimated up to 77% of the jail is made up of persons accused (emphasis on accused) of crime and
awaiting trial. Many of these accusations (emphasis on accusations) are low-level, non-violent offenses. Those unable to afford bail are left to sit. Mass incarceration.
Looking for the quickest exit, jail residents ignore collateral consequences attached to a criminal conviction by pleading guilty to crimes they did not commit. Doing so ensures they can get back to their homes, families, and jobs. It is a primary reason 95% of arrests end with a plea of guilty and is used to keep the court’s docket moving. Confined without trial.
In the last ten years, there have been nearly 200 deaths reported in the Harris County Jails. Knowing 77% of the jail is made up of Houstonians awaiting trial, 150 of those deaths are likely people with no business being in jail at all. These deaths have come at the hands of other inmates, uninhabitable conditions, disease, suicides, understaffed jails, and negligence.
The Axis Powers: Bail and Bail Conditions
The eradication of the presumption of innocence does not end once bail is posted. Certain accusations, carry with them bail conditions. Conditions the Texas Court of Appeals has held are necessary to secure the accused’s presence at trial, the safety of the victim, or the safety of the community. Burson v. State, 202 S.W.3d 423, 425 (Tex. App. – Tyler 2006, no pet.).
Take the real-world example below. One person has been convicted of Driving While Intoxicated and sentenced to a year probation. The other has been arrested for Driving While Intoxicated, posted bond, and been given bond conditions. Neither person has any prior criminal history. Disturbing is the inability to tell the difference.
Progressive leaders and civil right lawyers have recently made a strong push to rid of bail. As a result, many states have turned to personal recognizance bonds for an alternative. While this is a step in the right direction, as bail slowly diminishes pre-trial bond conditions are becoming more prevalent. When one door closes, another opens. Interlock devices, like the example from the DWI above, are cash cows with huge financial incentives.
Assume every person accused of DWI in Texas was ordered to have an interlock device as a condition of bail:
- Number of DWI arrests in Texas in 2015: 65,609
- Average Length of Time DWI is on court’s docket: 3 months
- Avg. Interlock Monthly Maintenance and Calibration Fee: $60
- (Monthly Fee * Docket Length) * # of DWI arrests = Total Interlock Fees.
- ($60 * 3) * 65,609 = $11,809,620.00 a year in interlock fees.
Throw in installation fees and that number grows.For interlock providers and investors business is good. Real good. As long as financial incentives outweigh the true purpose of justice, the system will be flawed. As long as we fail to make a difference, innocent lives will be adversely impacted. The writing is on the wall. Act, before it’s too late.
As long as financial incentives outweigh the true purpose of justice, the system will be flawed. As long as we fail to make a difference, innocent lives will be adversely impacted. The writing is on the wall. Act, before it’s too late. Act, before someone you care about, has their number called. Act, before your number is called.
The Old School Way
A former basketball player has come and gone from the nearby office. Once a tough kid living in unforgiving circumstances, he was shown an alternative way, one that doesn’t end in prison or death. The visitor is just one of many that drop by weekly to say hello, seek advice, or give thanks to the person responsible for saving their life. Inside the office, the décor mirrors the resident, the result of removing an Italian from New York into the heart of the South fifty years ago. If the main course is spaghetti, the dessert is apple pie. Nearly forty-five years of devotion to criminal law spill over the edge of the Texas-sized desk in the form of statutes, files, and ineligible yellow legal pads.
With each blog deadline approaching, I walk next door and ask,
“Want to write a blog this month?”
I know the answer. He has much to tell, but the old school in him won’t allow it.
“I don’t blog.”
Since joining his practice nine years ago, I have been fortunate to soak up seven years experience as an Assistant District Attorney during the Johnny Holmes era. I can smell the cigar smoke on Judge Jimmy Duncan’s breath as he denies another objection. I can hear the former client’s voice seeking advice on entering witness protection. The lawyer had acquitted him of one murder; the government was willing to pardon him of fifteen. I can feel the emotional argument in front of the Texas Court of Criminal Appeals. Yes, I am fortuitous to share offices with someone who constantly reminds me “he has forgotten more than I know.”
True to his word Sam Adamo (Sr.) has not blogged, nor do I expect a blog anytime soon. However, if you were a young (or older) attorney seeking advice, here are some things he would tell you.
I. “You can’t lose a client you never had.”
I remember one of the first cases I brought in. A consultation was scheduled, and the potential client was on his way. The contract was as good as signed. Toward the end of the meeting, the potential client said, “I plan on retaining your firm, but am meeting with two other attorneys. I’ll call you later tonight.” That call never came. The next day, I slammed open his office door, “Can you believe I lost that client.” Staring down at the Texas Penal Code he said, “You can’t lose a client, you never had.”
II. “That’s the Old School Way.”
We had just finished a two-week trial on an accusation carrying a punishment range of twenty-five to life. The jury acquitted our client, found him guilty of a lesser-included offense and assessed the minimum. For any criminal defense attorney, this was a victory, but our client’s family was still reeling from the one-word verdict. Standing in the elevator, another old-school attorney entered. He watched a portion of the trial and was no stranger to defending citizens accused of serious crimes. Unprovoked, he looked to the family and said, “Now that is why you hire those guys.” Sr. looked at me and said, “that’s the old-school way.”
Before social media and the Law Hawk. Before Google and Lexis Nexus, there were lawyers on the ground, front and center, paving the road for the next generation. Influential groups like the Harris County Criminal Lawyers Association didn’t exist, and when they eventually formed carried little weight with government officials.
Whatever your niche is criminal, family, civil, there is another lawyer available at the click of a mouse. You will have consultations where the potential client has met or will meet with other attorneys. You will also field phone calls from potential clients looking for new representation. In short, there will be opportunities to voice your opinion about other attorneys. Keep it positive and keep it brief. Focus on what you can do, as opposed to what you feel the other lawyer cannot. The “other lawyer” has likely done more for you than you will ever know. “That’s the old-school way.”
III. “You can’t buy trust.”
Trust takes seconds to break and forever to repair. Be honest with judges and honest with district attorneys. It isn’t necessary to reveal all your cards but don’t tell the district attorney the sky is green when the dash-cam shows it is blue. Doing so will damage your credibility, hurt your case, and harm future cases.
Earn your client’s trust by communicating (and getting results). Tell them email is the best way to reach you (it typically is). Not only does email provide an effective means of communication, but also serves as useful evidence should the need arise. Gain your client’s trust by understanding their overall goal. You can’t provide a solution if you don’t know the problem.
Bonus: “Find one thing.”
People are different. Some we get along with better than others. In your practice, you have come across (or will come across) a client you have difficulty tolerating. When that happens, you need to find one thing you like about them and hold on to it. At trial, that “thing” will act as your guide while delivering a genuine message to the jury.
IV. “Win as if you’re used to it.”
If you have ever watched a sporting event, it is clear when the winner doesn’t win much. As a criminal defense lawyer, it is easy to get lost in fighting for the underdog. You’ve taken on the system, won, and now want to let the world know. No problem there, but do so with class. The district attorney you just humiliated on social media will be handling another one of your client’s cases shortly.
V. “Trust yourself.”
Watch other attorneys in trial. Go to CLEs. Pour over court transcripts. Ask questions. Learn. Get involved. Investigate. Over prepare, be confident, trust your instincts and above all trust yourself.
With many outstanding lawyers in Houston, this list will grow. Add on.
You Are Committing a Felony: Cannabis Oils in Texas
Cannabis oils in Texas
Cannabis oils are illegal in Texas. In fact, you are committing a felony and don’t even know it.
Maybe it’s for a bachelor party.
Maybe it’s for a business trip.
Maybe you are looking to escape the Texas heat.
Whatever the reason, you have just touched down at Denver International Airport and you are determined to emphasize the “High” in “Mile-High.”
Just make sure what happens in Colorado, stays in Colorado.
You be surprised how many vape pens, cannabis oil cartridges, and edibles find their way into visitors golf bags, ski bags and luggage. While legal in Colorado, the cannabinoid oil that fuels the vaporless pen is a felony in Texas. The paraphernalia itself is a misdemeanor.
What is Cannabis Oil?
Cannabis oil (also known as: marijuana oil, hash oil or wax) is a thick, sticky, resinous substance made up of cannabinoids, such as THC and CBD. It is obtained by separating the resins from cannabis flowers using a solvent extraction process. Cannabis oil is not only the most concentrated form of cannabis, but also the most potent. In other words, it does the job and can be found at any dispensary in Colorado.
What is the Punishment Range for Possession of Cannabis Oil in Texas?
This marijuana derivative is a controlled substance in Texas, falling into penalty group 2. For example, possess less than a gram and face up to two years in a state jail facility and up to a $10,000 fine. Possess more than one gram and face the possibility of a third-degree felony, up to ten years in prison and up to a $10,000 fine. Possess more than four grams and face the possibility of a second-degree felony, up to 20 years in prison and up to a $10,000 fine.
So if you find yourself in Colorado to hit the slopes, take in a Broncos game or add twenty-five yards to your driver, make sure what happens there stays there.
See Texas Health & Safety Code Section 481.002(26), 481.103, and 481.1031.
Texas DWI Conditions: Interlock and SCRAM
Texas DWI Bail, Diversion, and Probation Conditions: Interlock and SCRAM
If you are arrested or convicted of driving while intoxicated you may have to come to grips with an interlock or SCRAM (Secure Continuous Remote Alcohol Monitor). The following are examples of Texas DWI conditions of bail, intervention programs, and probation that may require you to install an interlock or SCRAM, including a description of each and costs associated.
Interlock or SCRAM as a Condition of DWI Bail
Depending on the Texas county you are arrested in and the criminal court you are assigned, if this is your first intoxication offense, you may be required to install an interlock device as a condition of your DWI. In Harris County some judges require the interlock device as a condition of pre-trial release, others require it only if your blood alcohol level comes back at 0.15 or higher, and others do not require it at all. If you have previously been convicted of an intoxication offense Tex. Code of Crim. Proc. Art. 17.441 requires the installation of an interlock if the installation is in the best interest of justice.
Texas DWI Lawyer Practice Tip: courts generally find installation of the device is in the best interest of justice.
Interlock or SCRAM as a Condition of DWI Pre-Trial Intervention
Many counties offer pre-trial intervention or diversion programs for first time DWI offenders. Once upon a time staying out of trouble was all it took to complete the diversion program and have your case dismissed. Today, diversion programs resemble probation with the interlock, SCRAM or both conditions of the program.
Interlock or SCRAM as a Condition of DWI Probation
If the court finds you guilty, sentences you, but suspends your sentence and places you on DWI probation your conditions will include the interlock, SCRAM, or both. The difference in the aforementioned pre-trial intervention and probation is probation acts as a final conviction that cannot be expunged.
Texas DWI Lawyer Practice Tip: if you fail to successfully complete the terms of your probation, a motion to revoke probation may be filed and the court can sentence you up to the maximum punishment range for the charged offense.
Texas DWI Lawyer Practice Tip: Clients often ask if deferred adjudication is an option for DWI. Deferred adjudication is not a lawful option for intoxication offenses in Texas. Deferred adjudication falls between pre-trial diversion and probation in that the court finds you guilty, but defers the finding of guilt. A deferred adjudication cannot be expunged but can be blocked from the public through what is known as a non-disclosure.
Interlock or SCRAM as a Conditon of an Administrative License Suspension (ALR)
In Texas if you apply for a driver’s license you consent (implied) to provide a specimen of your breath or blood if you suspected of driving while intoxicated. A refusal to provide a specimen may result in your license being suspended by the Texas Department of Public Safety. If suspended, you may be eligible for an occupational license. Interlock devices are often required before the court will grant such a license.
What is the Interlock?
The interlock is a portable breathalyzer that attaches to your vehicle under the dash. At one end is a blow tube and at the other end is a cord that runs under your dash. The device is installed into the ignition system of your car. In order for your car to start, you are required to provide a breath sample. Every 5 to 30 minutes you may be asked to give an additional breath sample. Hence the term “blow and go.” Most devices now have cameras attached to confirm you are the person blowing into the tube. The data from the device is pulled when you have the device calibrated at a scheduled time and location.
What is the SCRAM?
The SCRAM is an ankle bracelet that communicates through a modem connected to a monitoring station. Hourly the apparatus tests for the presence of alcohol through the person’s perspiration. If alcohol is detected the SCRAM device will test every thrity minutes. Additionally the SCRAM has a sensor designed to report any tampering with the device.
Both the Interlock and SCRAM are not without issues of their own, having mistaken many everyday household products as drinking alcohol.
What is the cost for an Interlock or SCRAM device?
The monthly cost for each device is expensive approximately:
Interlock = $59-$90 a month
SCRAM = $435 a month (yes, $435 a month)
Interlock providers include EZ Interlock, Intoxalock, Smart Start, and LifeSaver. As expected the reviews for the providers are relatively low, with EZ being the highest per Google at 3 out of 5 stars.
If you are required to obtain an interlock or SCRAM it is important you pay close attention to the instructions and do not use alcohol or even alcohol based products such as mouth wash that can cause false positives. Doing so can result in your bond being revoked, your probation being revoked, or your pre-trial diversion being terminated.
What is Considered a Deadly Weapon in Texas?
What is a Deadly Weapon in Texas?
Pictures: (a) revolver (b) BB gun (c) car, (d) pillow (e) hot water, (f) underpants
a) both a and b
b) both c and d
c) both e and f
d) a only
e) All of the above
If you answered e) than you know Texas deadly weapons extend to a long list of objects.
Deadly Weapon Under Texas Law
Deadly Weapon applies to felony offenses and is defined in Texas Penal Code Section 1.07 as:
(A) a firearm or anyhing manifestly designed made, or adapted for the purpose of inflicting death or serious bodily injury (i.e. deadly weapon by design); or
(B) anything that in the manner or its use or intended use is capable of causing death or serious bodily injury (i.e. deadly weapon by use”).
Under subsection (B) objects that are generally not considered dangerous by design may become so by the manner in which they are used in the offense. Thomas v. State, 821 S.W.2d 616, 620 (Tex. Crim. App. 1991). The object must be used in a manner capable of causing death or serious bodily injury to fall into the deadly weapon class. McCain v. State, 22 S.W.3d 497, 503 (Tex. Crim. App. 2000). To sustain a deadly weapon finding the evidence must demonstrate: (1) the object meets the definition of a deadly weapon; (2) the deadly weapon was used or exhibited during the transaction on which the felony is based; and (3) other people were put in actual danger.
“Firearm” means any device designed, made, or adapted to expel a projectile through a barrel by using the energy generated by an explosion or burning susbtance or any device readily convertible to that use.
“Serious bodily injury” means bodily injury that creates a substantial risk of death, or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
Texas Deadly Weapon Short Long List
The following have all been found to be a deadly weapon by design: firearm, bayonet, shank
The following have all been found to be a deadly weapon by manner of use: axe handle, baseball bat, BB gun, belt buckle, board, bottle, club, drugs, dustpan, fire, flashlight, floor, foot, gasoline, class decanter, hammer, hand, HIV-positive person, knife, mixture of sedatives, motor vehicle, nailgun, nunchakus, pillow, rope, scissors, screwdriver, seminal fluid, spear, stick, straight razor, underpants, hot water.
Why It Matters: the Consequences of a Deadly Weapon Finding
A deadly weapon can be attached as a special issue in a number of criminal accusations such as, assault, aggravated assault, manslaughter, homicide, intoxication offenses, drug offenses, etc.
If a person is convicted of a crime involving a deadly, the person is ineligible to receive probation from a judge.
If a jury recommends probation and finds a deadly weapon was used or exhibited the judge may place the convicted in prison for a term of 60 to 120 days.
A deadly weapon finding also requires a person serve at least one-half of their prison sentence before being eligible for parole.
The question seems to be not what is, but what is not considered a deadly weapon in Texas.
Playing the Odds: Why Every Family Should Have a Criminal Attorney on Speed Dial
You are a parent.
You take zero chances.
Your staff includes private tutors and coaches.
It includes insurance agents and doctors.
It should also include a criminal defense attorney.
“We don’t need a family criminal lawyer; we aren’t criminals.”
Statistics from the National Survey of Youth show there is a 1 in 3 chance your child is arrested before age twenty-three. A startling and rather unspoken truth. Adolescent arrests have grown as a result of tough on crime legislation, harsh sentences, and an increase in government spending and police forces.
Today, everything is a crime. What you once knew as a slap on the wrists (a crime) is now a slap in cuffs. Rivalry week pranks are a crime. After school fights are a crime. The senior courting the sophomore can be a crime. The teacher your son daydreams of is now not only attainable but also a crime. Yes, your high school is a far cry from your teenager’s high school. So while the private coach trains your Olympic-bound child (1 in 662,000 chance) or the private tutor prepares your prodigy child for that perfect ACT score (1 in 14,000 chance), your family’s odds of needing a criminal defense attorney is significantly higher (1 in 3 chance).
“. . . but not my kid.”
Hopefully not, but honeymooners aren’t thinking about divorce (1 in 2 chance) either. The law, particularly criminal law, is intimidating. Public perception reserves criminal courtrooms for the nation’s bottom-feeders. However, step inside the criminal courthouse and you will see a different story. You will find people who are lost; angry and defiant people; people who suffer from mental disabilities; victims of physical and mental abuse; people with hidden drug and alcohol addictions; people who found themselves in the wrong place at the wrong time; and people with solid homes and good families. Sound Familiar?
A teenager’s struggle is real and adding to it is the criminal injustice justice system. A flawed system where lawmakers, officers, judges, prosecutors, and defense attorneys have all been guilty at times of getting it wrong and doing it wrong.
This hard reality led Lisa Green, author of “On Your Case: A Compassionate (and Only Slightly Bossy) Legal Guide for Every Stage of a Woman’s Life,” to emphasize the need for every parent of a teen to have a criminal defense attorney on speed dial. Legal insurance to protect children and parents who can be held civilly and criminally liable should the unexpected occur.
“If something comes up, it won’t, but if it does, I’ll find a local criminal defense attorney.”
You won’t have time. Suspected of unlawful activity, within seconds your child is whisked away to the principle’s office. There police officers and school officials wait. Cell phones are confiscated, backpacks are searched, and statements are made. Your teen’s constitutional rights ignored waived when they should have been protected. Protection in the form of preparation. Preparation by spending the time to find a trusted criminal attorney capable of educating your family on life-altering encounters with authorities.
“Okay, well I’ll just Google my question.”
You won’t have time, but let’s assume you did. When your teen needs medical attention, you call your doctor. Sure, you may check out WebMD (1 in 3 chance of being correct), with the caveat a qualified doctor is necessary to diagnosis, treat, and in serious instances save. If your teenager finds himself in a legal jam, Google equals not an attorney. Most legal information is not only vague but incorrect, written by second-year employees at John Doe Web Design, hung-over from last night’s “bro-fest.” Instead, your family criminal attorney can quickly diagnosis, treat, and in serious instances save you and your family.
You are a parent.
You take zero chances.
Your staff includes private tutors and coaches.
It includes insurance agents and doctors.
It should also include a criminal defense attorney.
If not, may the odds be forever in your favor.
Fumbling the War on Drugs: The Unintentional Decriminalization of Drug Crimes.
With the 2016-17 football season approaching, Texas defense attorneys and prosecutors alike are scrambling to recover lawmakers recent fumble.
It’s no secret, legislatures had successfully reigned down on drug crimes. Penalty groups were expanded, punishments were enhanced, and sentences were lengthened. Capitol Hill in Austin acquired all the firepower needed to defeat Texas’ war on drugs.
Then along came a new and serious threat to the peace and dignity of the State. This threat was dangerous. It was underpunished. It was playing for the other team. It was synthetic drugs.
To stiffen punishment on these designer psychedelics (not listed in the Texas Controlled Substance Act) the lawmakers pushed a new subsection (d) to the Texas Health & Safety Code Section 481.103. The updated playbook would exclude some Federal Drug Administration (FDA) approved substances from Penalty Group 2 (PG2) (one of four primary drug penalty groups). The synthetic drugs would finally be penalized as felonies rather than misdemeanors. High-fives were exchanged as the bill rolled through the Senate, the House, and on to the Governor’s desk.
Game Over. So it was thought.
As the bill went to print, the plain language of the statute excluded all FDA approved substances from PG2. Amphetamine, lisexamfetamine, and dronabinol were a few of the substances listed in both Section 481.103 and the FDA, exempting drugs containing any quantity of those substances from felony prosecution. A hole, big enough for any criminal defense attorney to run through, opened. Prescription drugs like Adderall, Adderall RX, and Vyvanse contain amphetamines and lisexamfetamines. Street drugs like ecstasy, PCP, and speed have been known to contain amphetamines. Marijuana capsules and oils house dronabinol or delta-9-terahydrocannabinol (THC). Substances once playing under the bright lights of felony stadiums were demoted to outdated, empty misdemeanor fields, if at all. Prosecutors will argue Texas Health & Safety Code Section 481.119 applies, making it a misdemeanor offense to possess, manufacturer or deliver a miscellaneous substance not listed in a penalty group. Defense attorneys will argue, the substances are listed and specifically exempted. For now, it will be up to the courts to sort it out. For now, the pigskin is loose on crimnal courtroom floors across Texas.