Today in the 177th Judicial District Court, a fight began that will likely end up at the United States Supreme Court. You can read about how Judge Kevin Fine has ruled the death penalty unconstitutional as it is instituted in...

Continue reading "Texas Death Penalty Unconstitutional" »

Early voting has begun on the several contested elections in Montgomery County. Here's the list of people I think can benefit our county the most. 221st District Court - Lisa Benge Michaulk County Court No. 2 - Claudia Laird District...

Continue reading "Montgomery County Elections" »

Growing up in Louisiana, everyone gets excited when Mardi Gras begins. This weekend will start the season in Galveston, which has a historical connection to the French. When I attended Tulane Law School in New Orleans, you either left town...

Continue reading "Mardi Gras No Refusal" »

As I have said before, Montgomery County, Texas is fortunate to have Judge K. Michael Mayes on the bench. Judge Mayes was an excellent trial lawyer and is one of the highest ranking judges in the judicial poll which was...

Continue reading "Judge Mayes follows the law!" »

After a week of fielding interviews and talking about their new policy of posting the names of those accused (not yet convicted) of recently filed DWI cases, the Montgomery County DA's Office continues to post the names and accusations of...

Continue reading "Montgomery County DA Twitter" »

The Montgomery County District Attorney's Office, working with several other local law enforcement agencies has announced it's plans for a "no refusal" period during Christmas of 2009 and New Year's 2010. Read about it here. What this means is that...

Continue reading ""No Refusal" Month?" »

While sitting in court, waiting for the judge to take the bench yesterday, I was talking to another defense attorney. He represents people in the same jurisdiction I do. He was asking me about blood cases and if I knew...

Continue reading "DWI Blood Cases" »

Several important studies have recently been conducted on how faulty our perception of events can actually be. However, until you see it and experience for yourself, most of us tend to disbelieve that there could be a problem. In fact,...

Continue reading "Why Eyewitness Testimony is Unreliable" »

The results of the survey of the Judges of Montgomery County has been completed. You can view the results here. SurveySummary.html This survey was compiled anonymously from all attorneys practicing in Montgomery County, Texas. Civil attorneys, criminal defense attorneys and...

Continue reading "Montgomery County Judicial Survey" »

You go out for dinner and decide to have a few drinks. You don't want to drive, so you call a cab because you are responsible and being safe. You still get arrested while waiting for the cab!!!!!!!!!!! Watch the...

Continue reading "Is this a Police State?" »

Whenever law enforcement is placed in charge of the laboratory that will be testing evidence for a possible conviction, there is the chance that an overzealous analyst will err on the side on conviction, rather than caution. Time and time...

Continue reading "Police Labs do not work!" »

It happens to everyone. You are driving at night and suddenly you see the lights come on and you are pulled over for some minor traffic infraction and then the question,"Have you had anything to drink tonight?" What do you...

Continue reading "NEVER Talk to the Police" »

I am always surprised to learn from clients that they have a hard time choosing the right lawyer for the case. They sometimes think that the more a lawyer advertises, the better they must be. Or, if that lawyer handled...

Continue reading "Choosing the Right Lawyer" »

Happy Thanksgiving. The past two weeks have been very long with some bright spots mixed into all of the deadlines. Client charged with Aggravated Assault with a Deadly Weapon, range of punishment 5 - life, reduced to Assault Causing Bodily...

Continue reading "Thanksgiving 2009" »

The State was stunned to lose a case that was a "certain" win for them. Last week my client's case was dismissed after a hearing on the Motion to Suppress that was filed. The prosecutors for the State were too...

Continue reading ".20 DWI Blood Warrant Case - Client Not Guilty" »

This week my wife and I spent the week in Vegas at the National College of DUI Defense 13th Annual DWI Seminar. Experts and the best lawyers from around the country attended and lectured. I found it very helpful to...

Continue reading "Breath Testing Obsolete?" »

All across Texas, prosecutors rely on the Medical Examiner to determine whether a person died as the result of a crime or not. But what happens when the Medical Examiner's Office is doing more than twice the maximum number of...

Continue reading "Medical Examiner's Offices in the Spotlight" »

What's wrong with a Judge and Prosecutor getting a little friendly? Should that sort of relationship be disclosed when the prosecutor works in that court prosecuting cases? Is the fact that a secret relationship exists make a difference as to...

Continue reading "Judge and Prosecutor having affair" »

Mr. Brett Ligon, the District Attorney for Montgomery County, Texas has announced the formation of a Vehicular Crimes Division. Heading this new division will be Warren Diepraam and the investigator assigned to the division is Bill Lyons. Last week, all...

Continue reading "Montgomery County DA Vehicular Crimes Division" »

In Montgomery, Harris and Galveston Counties, this weekend has been declared a "No Refusal" weekend by law enforcement authorities. Refusing to provide a breath sample will subject you to having your blood taken under a warrant, no matter if you...

Continue reading "Labor Day "No Refusal" Weekend" »

The United States Attorney General's Office just concluded a year long investigation into allegation that the Harris County Jail withheld medication from inmates. In its scathing report the Attorney General's Office found over 135 verified complaints of medications being wrongfully...

Continue reading "Harris County Jail Deficiencies" »

More than six months have passed for those newly elected judges taking the bench. How do you think they are doing? How do you think the previously elected judge's are doing? Take the survey at Click Here to take survey...

Continue reading "Montgomery County Judicial Survey" »

On July 15, 2009, the 9th District Court of Appeals affirmed Montgomery County Court at Law Number Four Judge Mary Ann Turner's decision to suppress evidence obtained and testimony from Trooper Troy Phipps. Judge Turner simply did not believe Trooper...

Continue reading "Trooper Phipps not credible affirmed by Court of Appeals" »

The Declaration of Independence is the reason for our celebration today. It is reprinted below. Read it. Strive to emulate it's goals. Uphold it when others are seeking to violate it. If we do nothing while our freedoms and liberties...

Continue reading "Declaration on the Fourth." »

Fourth of July is a celebration of those courageous men and women who put their lives at risk for our freedom. Most of us do celebrate on the Fourth so it's important to be safe at the same time. This...

Continue reading "Safe and Happy Fourth of July!!!" »

Soon, individuals will start announcing their candidacy throughout Texas for County and District Judge positions. Studies have shown that most people don't really know much about the person for whom they vote. Some consider it a popularity contest and others...

Continue reading "Campaign Announcements" »

The purpose of our great Constitution is the protection of the defenseless and defense of the powerless. This blog is not about the criminal justice system in the form that I have typically written. This is about justice for all....

Continue reading "Justice for All" »

With the upcoming Memorial Day Holiday upon us, more citizens will have their rights completely violated in forced blood draws than ever before. I was talking to my wife the other day about the upcoming "no refusal" weekend. We talked...

Continue reading "No Refusal weekend May 22-24, 2009" »

The Intoxilyzer 5000 EN, currently used in Texas has never been proven to be calibrated properly. The Texas Department on Breath Testing Regulations would like for us all to believe that they have thoroughly vetted the machine, but unfortunately, that...

Continue reading "Calibration Drift" »

Officer Al Stainbrook, formerly of the Conroe Police Department, has been indicted on charges of official oppression. If you were arrested by the former Officer Stainbrook, please contact our office to assist you with any pending charges. Stainbrook Indictment.pdf...

Continue reading "Officer Indicted" »

After being found not guilty by a Galveston County Jury of resisting arrest in February, Sergio Robles settled his federal civil lawsuit against the officers who beat him and the city that hired them for $125,000.00. A press conference was...

Continue reading "Police Settle Excessive force Suite for $125,000.00" »

As a former licensed broker and securities supervisor, I have advised several brokers about the potential of facing an SEC action and civil lawsuit. It is a daunting thought but it doesn't have to be overwhelming. Just talking to someone...

Continue reading "Stanford Financial Problems" »

Sergio Robles was found not guilty by a jury in Galveston County Court Number One on Monday, February 9, 2009 after a 20 minute deliberation. The shocker is that these two police officer's are still out patrolling the streets. Here's...

Continue reading "Client seeks to have officers jailed" »

I am frequently asked how to go about choosing a good lawyer for a criminal charge. There is a simple answer - the one that is going to fight for you and is more concerned with your welfare than their...

Continue reading "How to Choose a Texas DWI Lawyer" »

In the early morning hours of August 21, 2006, Mr. Sergio Robles was seen walking down a dark stretch of highway 6 in Santa Fe, Texas in what was to begin a two and-a-half year ordeal. When police arrived to...

Continue reading "Client vindicated - NOT GUILTY!" »