I had a meeting today with a prosecutor about a pending case. I tried to explain to her that there was no way we were going to plea to a DWI. She had so many problems with her proof and I tried to explain to her that I didn't think she could ever make the case.

She wanted me to disclose what her problems were so we could "make a deal." I had to laugh at this prosecutor's naivete. She was used to unrepresented or under-represented accused citizen's giving her their defense.

I told her that I don't teach prosecutor's how to try their cases anywhere but in the courtroom.

I left that office and walked to the courthouse for an afternoon docket and was shocked to see people lined up to talk to a prosecutor about their case. In a fit of curiosity, I stood next to the prosecutor as she proceeded to talk to accused citizens about their case. She wrote down what they said that helped her and completely ignored everything they said that would be a defense. She couldn't have cared less about doing anything but trying to convict them.

But still, there were so many people lined up to talk to her that the line went out the door!

Even rats know to try something different when they can't find their way to the cheese while they are going through a maze.

All those people lined up to give the prosecutor everything she needs to convict them! Try something different and be smart.

DO NOT TALK to the prosecutor. The Fifth Amendment is your right and you should use it. DO NOT TALK to the prosecutor. The comedian Ron White says it all. He had the right to remain silent . . .but NOT the ability.

The prosecutor is not going to dismiss your case from a chat with you. They are going to write down what you say, check with the police officer, if they are really industrious, and then they are going to find a way to shore up their case and convict you.

Be smart. Immediately hire a lawyer and let them do the talking for you. And if the prosecutor decides to take the case to trial, then they can get that free lesson on how to try a case!

Videotaping a stop or event has become almost routine. We see videos of events captured naturally and the internet is full of sites offering a peek at raw videos. My favorite is You Tube.

Today, I was able to catch a cop lying about a client's drug possession through the use of video. When someone is brought to jail, there are video cameras following you through the booking process and all the way through the arrest process until you are placed into a cell. These videos can be very helpful. They can show that a person could clearly answer questions, does not display the same behavior as the officer described at the scene and even better, most assistant District Attorney's don't know that these tapes exist and never think to use them.

For example, today I was able to show my client's video to the assistant District Attorney. In the offense report, the lying cop described the event as my client bringing a controlled substance into a correctional facility. Once we obtained the video, we were able to PROVE that the cop brought the controlled substance into the facility.

Prior to being booked into the jail, my client's personal effects were taken from him and placed in a plastic evidence bag. That bag could clearly be seen in the video, in the cop's hands, while my client was going through the booking process. Then, the cop walked into the secured area of the jail, directly in front of the camera, holding the clear plastic bag. A pill was later found in my client's wallet. But my client did NOT bring it into the jail.

After reviewing the video, the assistant DA quickly agreed to reduce the charge from a Third Degree Felony with a range of punishment from 2 - 20 years to a Class A misdemeanor with maximum jail time of one year.

Videos can be very powerful defense tools for DWI's also. They can clearly show that the officer's descriptions on the scene are inaccurate. Some crafty cops will refuse to videotape a person they stop, thinking they can write a report that will be enough to convict. If a jail video can be obtained showing that the person was answering questions, thinking clearly and acting appropriately, for the circumstances, this can go a long way to showing a jury that the cop was WRONG, i.e. NOT GUILTY.

However, these videotapes are only held for a maximum of 30 days, and sometimes a lot less. It is extremely important to contact your lawyer immediately after your release or even before your release from jail so that the video request can be made and this valuable evidence preserved. Without it, innocent people get convicted.

For the rest of this week, September 22, 2008, Montgomery County Texas courts will be on hiatus with only minimal settings. There are no jury trials scheduled for the remainder of the week.

However, regular jury trials and court settings are scheduled to resume on Monday, September 29, 2008. Court coordinators are usually in their offices during regular business hours this week and calling before appearing would be a good idea until all power is returned to our county residents.

Now the really bad news . . . our office was almost a total loss from a crashing atrium and we are in the process of looking for another workable space. For the time being, I would direct you to contact me on my 24 hour line at 713-823-6091. Since phone service has still not returned to 100% please be patient. I have had messages not show up for a few hours after the voice mail was left due to wireless service problems from the storm. Alternatively, feel free to try my mobile phone at 713-882-8826 but service is even worse on this provider, so bear with us while the electrical companies see fit to fix everything.

As soon as we know where we will be landing permanently, we will send out notices again and make sure that everyone knows how to get in touch.

Thank you for your patience and we look forward to a return to normalcy soon!

Waking up to the sound of chainsaws as an alarm on a Sunday, I was reminded that the upcoming week will be a return to court for some. How do you know if you have court, or not? Does the courthouse have power and what about the court dates that were missed last week?

According to Judge Patrice McDonald, County Court Number Three, presiding Judge for Montgomery County, Texas, there are no jury trials for next week. But that doesn't excuse an accused citizen from appearing for the docket call. Even though, jurors have been excused and do not need to appear, if you have a case pending in any of the Montgomery County District or County Courts, you MUST APPEAR for the Monday, September 22, 2008 docket call. You will be given a reset at that appearance. Normal court settings should resume for the rest of the week, with the exception of jury trials.

For those of you with cases in Harris and surrounding counties, the courts have resumed their normal operating schedule. Be sure to contact your lawyer as this may change on a day-to-day basis.

For those of you in Galveston, DO NOT appear in court or even attempt to go down there. I am in touch with Mr. Kurt Sistrunk, the District Attorney, through email and they do not have the courthouse open, nor will it be open for another week and it will probably not be until the middle of October before the courthouse resumes full operations down there. Check the Galveston County website at http://www.co.galveston.tx.us/ for current information or check back here for updates. Don't try to call because they do not have full phone service, yet and calling will only serve to over burden a weak phone system that should really be used for emergencies only at this point. Call your lawyer, if you need information ad if your lawyer has been displaced and phones are not working, feel free to email me at kwcase@caselawpllc.com. I am in touch with most of the Galveston lawyers through their list-serve and can get messages to them.

Montgomery County, Texas has not rebounded from this, yet. The power is on at less than 50 percent of the county administrative buildings and I do not think they have taken steps to obtain generators. On Friday, upon checking, no generators were in place. That may change in the upcoming week.

My office was wrecked by a collapsed atrium that allowed flooding in. They tell me that water and electricity don't mix so even though we have power, we have not been allowed back in the building. Staff is enjoying the vacation. I am looking for new office space.

If you need to reach us, try the 24 hour line at 713-823-6091 or call my personal cell phone at 713-882-8826 in case of emergency. I hope everyone is well and suffered nothing more than the minor inconvenience of no power. It puts it into perspective when you talk to friends that have lost everything, literally.

Good luck to all in the upcoming week.

Recovery continues with some areas having power while others remain in the dark, literally. This morning Montgomery County held a misdemeanor jail docket in which local attorneys came to court, regardless of whether they had power on in their homes, or not. Judge Patrice MacDonald presided over the court and granted several accused citizens a personal recognizance bond. It was moving to see everyone pitching in to help to try and alleviate some of the crowding caused by the disruption of normal court proceedings. Several defense lawyers, myself included, showed up to try and assist an overburdened system without any thought of getting paid or engaging in petty squabbles. The jail staff had a huge number of people they were moving in and out and handled everyone with compassion under the circumstances. It is truly remarkable to see what can happen when the criminal justice system works toward a common goal.
Unfortunately, the judges of Montgomery County have decided that those accused citizens set for jury trial next week, must still appear in court only to obtain a reset date for them to return. With gas in short supply and electricity not having been returned to over 65% of the county, I think it would have been a better idea to reset cases for an additional week without the necessity of forcing the lawyer and client to appear, personally.
During the week of September 22, 2008, there will be no jury trials and all cases set for trial will simply be reset.
This Hurricane has proven to be a tough one to bounce back from and it may be some time before "normal" court proceedings begin again.