Sherman & Plano, TX Criminal Defense Lawyer Blog
You have the right to counsel of your choice. If you can afford it, you need to hire the best attorney for your case that you can. Under current economic conditions, many cannot afford the attorney they need and must petition the court for counsel. If indigent by standards set in Texas, you are entitled to a court appointed attorney (but cannot choose which specific attorney).
Courts have an awesome (sometimes life and death) responsibility to appoint lawyers in capital case dedicated to going the extra mile to ensure that the accused truly has the most able assistance of counsel possible. The Code of Criminal Procedures sets the minimum qualification for such counsel. Additionally, the 6th Amendment to the US Constitution guarantees ALL persons accused of a crime the right to effective assistance of counsel. But what does this mean? Surely someone simply standing or sitting (or sleeping) by the client as the prosecutor buries him is not enough. You don’t get a lawyer just to hold your hand while you plead guilty, or even one to do an OK job but miss key facts.
Courts have held that you are, at a minimum, entitled to a lawyer whose performance in your case is reasonable under prevailing professional norms (mainly established by the American Bar Association) and whose representation does not prejudice your case. However, appellate courts presume that a lawyer’s representation is reasonable, and that most choices made in the course of representation are “trial strategy.” Lawyers will oftentimes lie about their errors (or motives for committing them) in post-conviction challenges to protect their reputation at the expense of their client’s freedom or life. That is the reality.
False accusations of sexual abuse plague our court system, locally and statewide, putting innocent people at risk of life in prison and wasting resources that could be used prosecuting legitimate cases. The typical false allegation case arises when kids are “coached” by an authority figure to make a false claim against another, with a motive for the adult to coach the child. Research shows that, after such coaching, children can start believing that the sexual assault took place the more often they are told (and tell themselves) the false story.
America is a pill culture. Every day a large percentage of our population drives the highways of Texas under the care of prescription medication that can possibly effect their mental or physical abilities. Key word: possibly. Each individual is in the best position to use their judgment as to when they should or should not drive, but you should exercise caution when driving on prescription medication, because it can lead to a DWI arrest. If an officer believes that you have lost the normal use of your physical or mental faculties because of a certain drug, you can be arrested. This includes your own medication. Drugs such as “narcotics” and “painkillers” and “antidepressants/psychotropics” are ones that will get the closest look. And, most officers are not trained extensively on testing for the side effects of these drugs like they are trained to test for alcohol impairment.
I recently had the pleasure (and challenge) of representing a particular client that was charged with DWI 3rd or more in Fannin County. The case was unique because the client consented to a blood draw, and in client’s blood was half the legal limit of alcohol (.04), a narcotic analgesic (painkiller) and a central nervous system depressant (muscle relaxer). The State’s theory was “synergistic effect of the drugs,” i.e. that the combination of the drugs caused intoxication. The police officer testified to arresting client for failure to complete the field sobriety test to officer’s satisfaction, plus admission of alcohol and painkillers. However, the officer could not recognize the field sobriety manual for lack of being provided one at training. Also, the officer was also not trained on drug recognition, an additional training course for DWI detection due to drugs or a combination of drugs and alcohol.
modified the super-unjust 100-1 crack-to-powder ratio for Federal guidelines and mandatory minimum sentencing purposes. Under the old law, drafted in the 80s during the so-called “crack cocaine epidemic,” the drug known as the cheap inner-city minority drug was punished by law 100 times more harshly than powder cocaine, known as a white, upscale drug. So, a person possessing or delivering 5 grams of crack-cocaine would face the same 5 year mandatory minimum sentence as a defendant possessing or delivering 500 grams of powder cocaine.
With the horrific news of the shooting of a United States Congresswoman and other innocent bystanders, many are asking whether and when her shooter will get the death penalty. The Federal Death penalty, although rarely carried out, is available for many types of crimes. 
I was sitting at court last week when I overhead a non-lawyer assistant at a district attorney’s office giving someone charged in a criminal case (a case that would be very hard to prove) advice about their case. Apparently, the person had somehow “waived” their right to an attorney and wanted to speak with the prosecutor’s office. She was getting advice on how long she would sit in jail when she “booked in and booked out” on her charges, which prompted me to ask why she didn’t have a lawyer. Texas law now requires courts to inquire as to waivers of attorneys and the court should ensure that the waiver is voluntarily, and the prosecutor’s office is not to encourage people to waive counsel. However, these new rules don’t mean much when citizens accused are afraid to ask for a lawyer to talk about their case.
Last week I had the pleasure of defending one of the finest young men I have ever represented. He was falsely accused of a horrible act and we were fortunate to have a wise jury who listened very attentively to our evidence and came to the correct conclusion. I am very glad this young man will forever have this accusation removed from his name and it never be spoken of again except by those who unlawfully attempted to do him a grave harm. He was very brave in insisting on his day in court in face of a very long potential sentence if convicted. Much thanks to all who helped me brainstorm our case.
I have much to be thankful for this Thanksgiving in Sherman, Texas. I am most thankful that I have such a good family support network in all I do, and that my family understands what I do for a living. It is sacrifice to work all the time to be a better lawyer and do the best job possible in each case, but it puts strains and distance on your relationships. However, the relationships with those you work for and work with grow and improve and it makes a difference in the long run. I heard a lawyer the other day say how hard they work NOT to get close to their clients, and I believe this is the opposite of what it takes to win as a lawyer, especially with clients facing horrible accusations. If you truly care for your client, that caring can become contagious in the courtroom. Jurors and judges can tell when a lawyer believes in what he is talking about and when he is just going through the motions.
Innocent Texas death-row inmate Anthony Graves was released earlier this week from the Burleson County Jail.