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 you need to have your lawyer's number handy and accessible so you can immediately contact her or him should you be stopped for anything. Because if you are stopped at night, it is almost certain that you will be asked for a sample of your breath and when you refuse, you will be subjected to a FORCED BLOOD DRAW. That is what "No Refusal" means.

Be prepared before you are stopped because you must know your rights in advance.

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 anything about them. At first, I thought he was joking since I handle so many of these and have taken several to trial, successfully. I thought he was being sarcastic because I have lectured at several local and state legal seminars on blood evidence.

So tongue in cheek I asked what questions he had.

He began by telling me that there is no way to win a blood case, right?

I asked him what he knew about the proper method for drawing blood and followed that with several questions about his knowledge of lab procedures and the acceptable scientific standards. I got the deer in the headlights look.

I told him to give me his card and I would try to email him with some helpful articles and information to get him started learning how to defend his client. But the judge called his case and he walked out of the courtroom after he was done.

It's really too bad. I am sure his client has a defendable case, but that person will end up listening to his "lawyer's" advice and taking a plea, because his "lawyer" thinks "their is no way to win."

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, in those cases where an eyewitness to a crime is so absolutely convinced they are correct, is usually when they have made a mistake. So how do you educate a jury about the problems with eyewitness testimony?

Experts help, but also conducting simulations in the courtroom are very, very powerful. It takes a top notch lawyer to bring out the fact that the police have identified the wrong person. One typical example I have often used is to change my tie during a break with while the first officer is testifying. I will then ask the officer, "Now you are a trained observer, correct?"

"Yes, counselor."

And you had the chance to observe me here in the courtroom for the past 30 minutes while you answered my questions, looking directly at me, correct?"

Yes, counselor."

"Can you tell this jury if I am wearing the same tie now as I was when we first started?"

GULP!

From there I do this with every other officer, sometimes changing my tie, and sometimes not.

Do you think they get it right?

Hardly ever.

Science and psychology in the courtroom!

Lawyers are called upon to educate juries in all different areas to be effective. Social and psychological sciences is only one area that an attorney needs to learn to be a top trial lawyer.

Hopefully, if any of you are ever on a jury, you will remember that eyewitness testimony is NOT the most reliable. In fact, The Innocence Project has secured the release and overturned convictions of over 200 people that were originally convicted on the basis of eyewitness testimony.

Don't believe it.

Then watch this video. The test starts about 1:20 minutes into the original.

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 prosecutors in the District Attorneys Office rated the judges based on several different criteria. The higher the coefficient is for a given judges' "rating average", the lower the judge is ranked.

Read how your judges are rated according to those people most often in their courts.

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 video on this outrageous police conduct here.

And where is this police state? Germany? Europe? South America?

No, right here in Montgomery County, Texas.

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 again, we have seen and heard of example of police labs and forensic scientists that are too close to law enforcement. Instead of practicing pure science and making their finding dependant on established scientific principles, they choose to engage in speculation and create their own science in order to obtain a conviction. Doesn't sound so bad until you or your family member is the one falsely accused of a crime and possibly subjected to jail or lengthy prison confinement.

Then suddenly, the question becomes, "How could this happen?"

Once again, in Houston, we are learning that is happens every day.

Law enforcement should never be in charge of the lab that is testing evidence in a criminal case. There is just too much of a chance of collusion or dishonesty and unfortunately too much is at stake.

Every day we read about another person falsely imprisoned for decades for a crime they did and could not have committed. Can any of you even imagine what that would be like? How bitter would you be if you were falsely imprisoned for 11, 15 or even 18 years?

Once again in Houston, we learn about the pitfalls of police science.

You really do need an attorney that fights for your case. Call us, when a plea is not an option!