Tonight, Friday, September 3, 2010 begins the Labor Day Weekend festivities. The DA and Sheriff's Department's in Montgomery County are beginning their "no-refusal" weekends. Which means that if you are stopped and suspected of Driving While Intoxicated, your blood will...

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A few weeks ago I attempted to watch another attorney's jury selection. I was finished in one court and waiting for another court to begin and had about an hour to wait and thought I would watch and see if...

Continue reading ""Trial" Attorneys" »

Coming back from a great time in the Northwest United States after a great vacation and getting back to the Houston heat was difficult. It is great to be back to work and helping clients fight off the tyranny of...

Continue reading "Guitar Asylum TV" »

Sitting through several ALR hearings yesterday, I heard the same thing several times. For a defense attorney to be able to question a police officer about the grounds for a traffic stop or the procedures he followed in deciding a...

Continue reading "A dodging cop" »

The Montgomery County District Attorney's Office has announced that this weekend, Memorial Day 2010, will be a "no refusal" weekend. That means that when you are pulled over, the police will find some pretext for claiming you are intoxicated so...

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There are a handful of lawyers that can truly defend one of these cases. Most lawyers, and non-lawyers agree - blood is infallible. One more example of how the word "on the street" does not follow the truth. When your...

Continue reading "Blood Draw DWI" »

Criminal Lawyers are frequently asked to perform pro bono work because we encounter the most downtrodden segment of our citizenship. I spent several hours at the DPS Substation the other day, while trying to replace my lost driver's license and...

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I get several calls each day from people who have been arrested and are looking for the right lawyer. The smarter ones know that it is important for their new lawyer to have experience, good recommendations from previous clients and...

Continue reading "Looking for a lawyer" »

This is a link to a blog by Chuck Ramsey, an excellent criminal attorney in Minnesota. It is a very good read on how to choose a qualified attorney and much better than what I have written. Enjoy! Click here...

Continue reading "Avoid the Jack of All Trades Attorney" »

Lisa Michalk was elected Judge of the 221st Judicial District Court of Montgomery County, Texas. Claudia Laird was elected Judge of County Court at Law Number Two of Montgomery County, Texas. Read about the elections in the Conroe Courier....

Continue reading "Lisa Michalk, Judge 221st District Court of Montgomery County, Texas" »

Hello everyone. I hope you are planning on voting in the early election that is taking place now or in the general election which begins in a few weeks. Most of you know that I NEVER get involved in politics,...

Continue reading "Lisa Michalk for 221st District Court" »

For the past year, I have been predicting that a shift to only blood cases would occur within the next three years. Well I was wrong. It only took one year. The Dallas Police Department is trying to make this...

Continue reading "The Way of the (Not So Distant) Future" »

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...

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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...

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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" »