http://blog.caselawpllc.com/ Kelly Case Law Blog en Copyright 2010 Fri, 03 Sep 2010 15:16:50 -0800 http://www.sixapart.com/movabletype/ http://blogs.law.harvard.edu/tech/rss 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 be drawn. The county has a new blood alcohol van, in which law enforcement, judge and nurse will be riding around, supporting law enforcement in obtaining search warrants for blood. Also, this weekend, Montgomery County will be the first and right now, the only county to begin roadblocks to check for suspected intoxicated drivers. Even though the Supreme Court has ruled this as an illegal method of detaining and searching a person, in Montgomery County Texas, it will be done for this weekend. And all it takes is for the arresting officer to say he smells alcohol on your breath. Can that be proven later? Of course not. But in Texas that's all a police officer needs to say to find a reason to pull someone out of their car and request they take coordination exercises that an olympic gymnast couldn't pass. In fact, some officer's cannot pass as in my most recent trial where Deputy Thomas Thompson of the Montgomery County Sheriff's Department, failed by putting his foot down on the One Leg Stand. Now I assume Deputy Thompson was not intoxicated during his testimony, but since he was not tested before and he failed the sobriety tests, I can't be certain of that. So this weekend, if you are stopped, for whatever reason, after dark, there is a high probability that you are going to be arrested NO MATTER WHAT! So DO NOT give the government any evidence they can use against you. Immediately call your attorney, Kelly W. Case at my 24 hour number of 713-882-8826. If you cannot call immediately, then DO NOT take any tests, DO NOT blow or breath into any device, assume you are being video and audio taped at all times and repeat that you want to speak to your attorney. Keep repeating that over and over and insist that you be allowed to call me. Be safe and have a great holiday! http://blog.caselawpllc.com/2010/09/labor_day_weekend_2010.html http://blog.caselawpllc.com/2010/09/labor_day_weekend_2010.html Best DWI Lawyer Conroe DWI deputy Thomas Thompson deputy Tommy Thompson DWI DWI Attorney DWI Blood DWI Blood Lawyer DWI Blood warrant DWI Defense Holiday weekend Kelly Case Kelly W. Case Labor Day license checks montgomery county sheriff's office Roadblocks sobriety checkpoints Fri, 03 Sep 2010 15:16:50 -0800 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 I could pick up anything useful. Even though I have been doing this for 19 years now, I still like to learn and everyone, well almost, has something to offer. I patiently sat watching the prosecutor and the defense attorney argue their motions before the jury was brought in. I have known the prosecutor for almost 2 years and had never seen the defense attorney before. I watched them argue their motions and thought the defense attorney seemed a little confused about the order of trial and proceedings that were about to occur. I watched his scared client who did not know anything about a jury trial and looked like a deer in the headlights. It appeared as if the attorney had not prepared his client in the least. The client looked confused and scared and like he did not know what was going to happen next. Then as the motions hearing was wrapping up, I heard the attorney ask the judge if he would "finish the charge" before they argued to the jury! WHAT?????? The defense attorney asked the judge to have the jury charge ready before he argued to the jury, so he could use it in his closing!!!!!!!!! Unless you are a trial attorney, you have no idea why this is so important, so let me explain. The charge is read to the jury before the attorneys for the state and defense argue their cases to the jury. It MUST be completed in order to be read to the jury BEFORE argument, ALWAYS!!!!! A first year law student knows this. How is it possible that defense attorney about to try a criminal case does not know it? Because he is NOT a trial attorney. You see every attorney can claim to be a trial attorney, but the reality is that if they are not in trial or preparing for trial EVERY DAY, they are not a trial attorney. So before you place you life in some lawyer's hands, you should know if that lawyer is a trial attorney; OR NOT! Your future depends on it. After hearing the defense attorney plead with the judge to finish the charge before argument, I got up and left the courtroom, hoping that somehow, the poor client could get some relief or help with his problem, because he certainly was not going to get it in the courtroom with that attorney. I could not bear to watch any longer after that! Ask your lawyer, before you hire them, how often they are in trial and how many trials they had last year. http://blog.caselawpllc.com/2010/08/trial_attorneys.html http://blog.caselawpllc.com/2010/08/trial_attorneys.html DWI Blood DWI Blood Lawyer Galveston County DWI Lawyer Harris County DWI Lawyer Kelly Case Kelly W. Case Trial Lawyer Sun, 29 Aug 2010 07:13:59 -0800 Guitar Asylum TV. Rusty is a phenomenal musician and entertainer as well as one of the most technically proficient guitarists I have ever met. It is good to see him getting some of the recognition he deserves for all of his skill and hard work. Not only does Rusty entertain, record, have his own TV show, but he is a full-time teacher as well. The first episode will air November 5, 2010 on Channel 55 in Houston, KTBU. It is good to go away, but also good to come back. And even better to come back to good news. ]]> http://blog.caselawpllc.com/2010/08/guitar_asylum_tv.html http://blog.caselawpllc.com/2010/08/guitar_asylum_tv.html DWI BLood DWI Blood Lawyer Guitar Asylum TV Kelly Case Kelly W. Case Montgomery County Rusty Cooley Sun, 29 Aug 2010 06:53:24 -0800 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 person is Driving While Intoxicated, we have to subpoena them. That's right, even though the State has the burden of proof, defense attorney's have to subpoena the officer to appear so that his testimony can be taken. So you would think that wouldn't be so hard because the State procedures require us to do it. Except that police officers have become very good at dodging service. Now understand, they accept any request to appear from a prosecutor. Heck, they don't even need to be subpoenaed. But when a defense attorney tries to subpoena them, they suddenly are"on family leave, vacation, training," or any other number of excuses. It's actually shocking how many officers do this that I am beginning to wonder if they have not been advised to do this by a supervisor or someone in the District Attorney's Office. It is so blatant that a police agency told my process server that they "do not accept" service from defense attorneys. A defense attorney has to personally serve the officer. But they have no problem if a subpoena or request is faxed over by the DA's office. Really! So, how do you serve a dodging cop. Just do what we do, find their residence, follow them as they run their errands, drop off their kids at school or take their girlfriends out to lunch . . . and then serve them at the most inconvenient time. Sooner or later they will get tired of being harassed on their personal time, and police agencies will agree to "accept service." I put that in quotes, because you don't have a choice to accept service or not. When you are served, you are served. So take my advice. Next time, you need the presence of a police officer at an ALR hearing, spend the money to hire a good process server that does not mind serving a cop when off duty. And have some fun with it. I know I will! And to those of you that are officers that play this little game with defense attorneys - don't get upset when you are served on your off time at the most inconvenient time possible for you, just realize that you brought it on yourself. You can run . . . you can hide, but we'll get you! And I can guarantee, you won't like the way we do it. http://blog.caselawpllc.com/2010/06/a_dodging_cop.html http://blog.caselawpllc.com/2010/06/a_dodging_cop.html Conroe DWI Criminal Lawyer DWI Houston Police Department Kelly Case Kelly W. Case Montgomery County DWI Lawyer Oak Ridge North Police Department Fri, 11 Jun 2010 07:01:07 -0800 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 they can draw your blood. Should you refuse to comply if they tell you they will get a warrant and get it anyway? YES! Do not give your consent for your blood to be taken. You do NOT have to comply with any of their demands and it is your Constitutional right not to do so. Do not take any tests offered, to "make sure you are OK to drive." Do not offer any information to the police or answer any of their questions beyond your name and providing them with your driver's license and registration and possibly insurance information. You are being videotaped and recorded all the time. Remember that the officer is going to try and make statements on the tape that you are intoxicated. Do NOT let them get away with that and your retort should be, "I am not intoxicated." You have the right to have an independent blood test. You have the right under Texas law to have your own blood drawn after you are placed under arrest and preserved for your defense. But you have to act quickly and call our office immediately to arrange for your own test. You should be polite to the police, but you do NOT comply with their requests for help in gathering evidence that will later be used to convict you. You DO NOT have to take any field sobriety tests, eye tests (Horizontal Gaze Nystagmus), or comply with any requests for further information from you after you have provided your driver's license and registration. The police will ask seemingly innocent questions such as, "Where are you coming from tonight?" Or, "where are you going tonight?" DO NOT ANSWER. Tell the police you do not discuss your personal life and ask if you may leave. If you are not allowed to leave, ask to immediately call your lawyer and call me at 713-882-8826 (24/7). If the police refuse to let you leave, and refuse to let you call your lawyer, they have arrested you. You will go to jail, but you will not have given them anything that can be used against you later. In fact, you will have denied them they very proof they need to convict you of anything. Call me when a plea is your last option . . . not your first! http://blog.caselawpllc.com/2010/05/memorial_day_2010.html http://blog.caselawpllc.com/2010/05/memorial_day_2010.html criminal charges HGN Horizontal Gaze Nystagmus Kelly Case Kelly W. Case Montgomery County Criminal Lawyer Montgomery County DA Office Montgomery County District Attorney Montgomery County DWI Lawyer no refusal Sat, 29 May 2010 06:14:37 -0800 Click here. Now, the burden of proof in a CPS case is much less than that of a criminal case, but mistakes still happen with a blood draw!!!! Fortunately for this family, their son was returned after a second test was done, a week later. Imagine if you were falsely accused of DWI and your blood was taken. Unless you have an attorney before you are arrested or contact one immediately after, you would not be able to preserve the evidence and request an additional blood sample be taken. This is a right you have as a Texas citizen, but do you think the police will advise you that you have the right to have a second sample taken and analyzed by your attorney's team? If you are accused of DWI and your blood is taken, you have only one choice at winning and only one chance to get it right. Keep my number on you and call me immediately if you are stopped for DWI. Call Kelly W. Case at 713-882-8826 to defend you. Because a plea should be your last option, not your first.]]> http://blog.caselawpllc.com/2010/05/blood_draw_dwi.html http://blog.caselawpllc.com/2010/05/blood_draw_dwi.html Blood draw DWI Blood DWI Blood warrant DWI Attorney DWI Blood Lawyer DWI Defense DWI Lawyer Intoxication assault Intoxication manslaughter Intoxylizer Kelly Case Kelly W. Case Wed, 19 May 2010 07:13:45 -0800 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 ran into an old client. He and I talked a bit about his case and how grateful he was for the way things turned out for him. One of the people sitting near us overheard our conversation and began chatting to me about his legal problem. It seems that he was having trouble getting the prosecutor to believe him after he was accused of lying to the police and filing a false report. My mother would be proud of me for keeping my tongue secured between my teeth and not pointing the obvious irony of his claim. However, he was interesting and amusing and we talked while waiting on my license. I still don't know why he was there. After almost an hour of listening, he became not so amusing anymore and I had used my allotted number of bathroom trips when my name was called to take my picture for my new driver's license that had been lost. As I got up to leave and thank my neighbor for keeping my time occupied so I didn't have to be annoyed with responding to paying client's emails and phone calls, he asked me if I could represent him. Now I do take a minimum of 2 pro bono cases per year. That means that the clients I agree to represent do not pay anything in legal fees, however they may be forced to cover any expenses as I am not a banker, yet. I thanked the gentleman for the opportunity but explained to him that my pro bono work was limited to DWI cases and not those where the radio waves are interfering with his communicating with his home planet. Most lawyers do quite a bit of pro bono work, especially criminal defense lawyers. We take calls in the middle of the night, answer questions at parties and usually help people in traffic court when we are there so they understand the process a little better. Most criminal lawyers have a soft spot for someone in need. But there is also the need to earn a living and while I love to help and contribute in general to the betterment of society, bread costs the same for my family as it does for everyone else. I politely declined my new friend's invitation to represent him, wished him well and asked him if he had a place to stay or anything to eat? He was grateful but would not accept anything from me and we parted ways. Hopefully, he will go on to better things and get the help he needs, and I won't ever have to go back to the Department of Public Safety . . . ever! Finally, just want to send a big mighty fine "THANK YOU" to Jason Smelley at DeMontrond Volkswagon in Houston for losing my license while going to copy it during my car shopping experience. Without you, this blog and the experience behind it would not have been possible. Keep up the good work. Have a great weekend everybody! http://blog.caselawpllc.com/2010/05/pro_bono_work.html http://blog.caselawpllc.com/2010/05/pro_bono_work.html Kelly Case Kelly W. Case Montgomery County Criminal Trial Lawyer Montgomery County DWI Lawyer Montgomery County No Refusal Fri, 07 May 2010 10:22:45 -0800 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 has mastered several areas of science, law and courtroom procedure to effectively represent them. The others begin our talk with "How much do you charge." Yesterday, I returned a call from a person and before I could finish telling him my name, he immediately wanted to know what I would charge for . . . . . He was not interested in anything other than the fee. So I sent him to several lawyers that will charge almost nothing and will probably end up suggesting he take a plea right away. An old saying goes,"Do you want it done Cheap, Quick or Good - pick one!" To some people, lawyers are like grains rice - they are all alike. If a person went to law school, graduated and passed the bar, they are a lawyer. And lawyers are all alike. Right? Not hardly. I have a close friend that is one of the top family lawyers in the country. He is one of the most accomplished litigators and is constantly called upon to represent clients all over the country. When he gets a traffic ticket, he calls me. Why? That's because he's smart enough to know . . . what he does not know! It takes years to be able to competently handle a DWI case. Sure, any criminal lawyer knows evidence, and most know criminal law procedure, but what about toxicology, pharmacology, the science of breath testing, the difference in blood serum and whole blood DWI's? If you found out you had a brain tumor - would you call up the best brain surgeon and ask him to send you some material on how to remove your own tumor? Would you operate on yourself? If you had a friend that was a securities lawyer and feared and respected by the Securities and Exchange Commission, would he know anything about the index of samples on a Gas Chromatography machine? Criminal Lawyers are focused on defending clients accused of crimes. Not all criminal lawyers are DWI lawyers, in fact, few are. But within the set of lawyers that work on criminal matters, there are a few dedicated DWI lawyers. These are the people that spend years mastering the defense of these cases and dedicating themselves to understanding the complex science and engage in hours of training to defend their clients. They have taken the time to master the skills that are needed to win complex DWI cases. They take very few cases and actually spend time investigating, researching, and building their client's cases. They meet with their clients and keep them informed about the status of their case. They devote an inordinate amount of time and energy to defending those few cases that they accept. And they only utilize a plea bargain as a last resort, when it is in the client's best interest. They are not concerned with wrapping up cases quickly, but are more interested in researching every facet of their client's case from examining their clients medical history to visiting the scene and measuring the road surface with a laser to determine just how flat and level the surface was where the client was given the "Standardized Field Sobriety Tests." So when you are calling around looking for that DWI lawyer that has spent years of time learning and mastering the science and procedures to be able to successfully defend you. When you are looking for the lawyer to keep you out of jail so you can keep your job and provide for your family, the lawyer that other lawyers and doctors call upon to represent them, are you really looking for the best lawyer for your case? Or, are you looking for a fee? "Do you want it cheap?" Lots of lawyers do this. Are you getting what you pay for? "Do you want it quick?" Even more lawyers are willing to take your case and turn it for a quick plea. Most people could even do this without a lawyer. "Do you want it done good." Now this is the problem area for most people. Everyone wants their lawyer to put up a fight against the government. Everyone wants to hire a lawyer that is going to look into their case and actually spend time getting motions heard and taking an aggressive stance to defend you. Lots of lawyers say they are aggressive - but are they? Instead of asking are you a trial lawyer? Try asking, "When was your last trial, and what was the verdict?" Good DWI trial lawyers provide more service and actually defend their clients and win cases at trial - a plea is a last resort only when it is in the client's best interest and only if it will result in a better deal than would come of taking the case to trial. So, are you looking for a good DWI lawyer, or are you looking for a fee? http://blog.caselawpllc.com/2010/04/looking_for_a_lawyer.html http://blog.caselawpllc.com/2010/04/looking_for_a_lawyer.html blood draw Blood draw DWI Blood DWI Blood warrant Kelly W. Case Montgomery County DWI Lawyer Fri, 23 Apr 2010 05:03:33 -0800 Click here for link to Chuck Ramsey blog.]]> http://blog.caselawpllc.com/2010/04/avoid_the_jack_of_all_trades_a.html http://blog.caselawpllc.com/2010/04/avoid_the_jack_of_all_trades_a.html Board Certified Criminal Lawyer Criminal Defense Lawyer Criminal Lawyer Montgomery County DWI Lawyer Fri, 16 Apr 2010 16:09:53 -0800 Conroe Courier. ]]> http://blog.caselawpllc.com/2010/04/lisa_michalk_judge_221st_distr.html http://blog.caselawpllc.com/2010/04/lisa_michalk_judge_221st_distr.html Board Certified Criminal Lawyer Montgomery County 221st District Court Montgomery County Criminal Lawyer Texas Criminal Lawyer Wed, 14 Apr 2010 05:42:04 -0800 Lisa Benge Michalk for Judge. Recently the Conroe Courier also publicly announced it's support for Lisa. Lisa Michalk is my choice for the 221st and I hope you will read and learn about her so that you too, will feel that she is your choice. Please get out and vote for Lisa Michalk for the 221st District Court of Montgomery County. Thank you and everyone be sure to have a great day!]]> http://blog.caselawpllc.com/2010/04/lisa_michalk_for_221st_distric.html http://blog.caselawpllc.com/2010/04/lisa_michalk_for_221st_distric.html Lisa Benge Michalk for 221st Judge Montgomery County 221st District Court Montgomery County District Court Wed, 07 Apr 2010 09:04:22 -0800 Dallas Morning News. It will not be long until every county goes this route. Imagine everyone arrested for DWI will have their blood taken, with their consent, OR NOT! Make sure to hire an attorney that knows how to defend these cases. Your attorney should know the CLSI standards for blood draws as well as the lab protocols used for testing a blood specimen. If your attorney is not familiar with either of these two, you are not talking to a top notch DWI attorney.]]> http://blog.caselawpllc.com/2010/03/the_way_of_the_not_so_distant.html http://blog.caselawpllc.com/2010/03/the_way_of_the_not_so_distant.html Blood draw DWI Blood DWI Blood warrant Board Certified Criminal Lawyer Kelly Case Kelly W. Case Mon, 15 Mar 2010 12:48:02 -0800 Here is the link.]]> http://blog.caselawpllc.com/2010/03/texas_death_penalty_unconstitu.html http://blog.caselawpllc.com/2010/03/texas_death_penalty_unconstitu.html court schedule Kelly Case Kelly W. Case Texas Board Certified Criminal Lawyer Texas DWI Lawyer Thu, 04 Mar 2010 13:33:54 -0800 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 Clerk - Cambi Cartwright These are people that I have personally seen their work, their ethics and their commitment to doing a good job. These are not recommendations for people that I am friendly with. I have also seen the work and ethics of their opponents and while some are good, I believe that these are the best people for the respective position based on their ability, performance and commitment to their higher goals. Read up on your candidates and follow what they are telling you. I think you will find that some are changing what they say to fit the group to which they are currently addressing. What could be worse than someone pandering and making false statements just to secure a job, or your vote. Learn about your candidates and I think you will agree that these are the best people for their jobs. http://blog.caselawpllc.com/2010/02/montgomery_county_elections.html http://blog.caselawpllc.com/2010/02/montgomery_county_elections.html DWI Blood DWI Lawyer Kelly W. Case Montgomery County Elections Fri, 19 Feb 2010 04:54:41 -0800 BEFORE you need it. Be safe and have a great Mardi Gras. Les Bon Temps Roule!!]]> http://blog.caselawpllc.com/2010/02/mardi_gras_no_refusal.html http://blog.caselawpllc.com/2010/02/mardi_gras_no_refusal.html Blood DWI DWI Lawyer Galveston County DWI Lawyer Harris County DWI Lawyer Kelly Case Kelly W. Case Mardi Gras Montgomery County DWI Lawyer No refusal Sat, 06 Feb 2010 06:20:45 -0800