In the wake of more states legalizing the use and possession of marijuana people are scrambling to come up with a definition of what categorizes “driving while high.” No one favors driving under the influence of marijuana or any other mind-altering drug. The problem becomes what exactly is the definition…
A new Texas bill that gives low level criminal offenders in Texas a second chance needs only to return to the house and then be signed by the governor.The Texas House of Representatives passed the “Second Chance” bill 140-0.Now, the bill has moved through the Texas Senate 28-3.The bill would…
In a monumental decision last week, the Supreme Court ruled that a citizen can sue for malicious prosecution for being jailed due to the police falsifying drug test results. In Joliet, Illinois, police stopped Elijah Manuel for a traffic violation. Manuel was subsequently searched. Law enforcement officers located a vitamin…
An interesting opinion was just released from the Texas Court of Criminal Appeals. For those of you that don’t know, this is the highest court in the State of Texas that rules on criminal matters. The case is State v. Zuniga. Zuniga was allegedly pulled over right in front of…
“That was in the past; I’ve paid my debt to society.” Criminal defense attorneys hear that quite a bit. The truth of the matter is that your past counts. A lot. When a potential employer looks over your job resume’, do you think he or she considers the fact that…
Citizens of Montgomery and Harris counties can sleep easier tonight now that a large shipment of high grade Feline Bam Bam has been taken off the street. The Kingpin was quoted as saying, “they thought they had the biggest bust in Harris County. This was the bust of the year…
It appears yet another lab is in hot water due to poor protocol. The Austin Police Department crime lab has been in and out of the news for years now. As you may recall, the DNA analysis section was actually shut down following claims of improper testing. In 2012, the…
Chances are, if you are reading this, you or a loved one has probably been charged with marijuana possession or another drug offense in one of the counties in which I practice: Montgomery, Walker, Grimes, Madison, and Leon Counties. Although the law is the same wherever you are in Texas,…
On the Watergate scandal, Nixon was quoted as saying, “It’s not the crime that gets you…it’s the cover up.” Nixon knew that he may have avoided the whole Watergate scandal if instead of lying and covering his tracks, he had admitted his wrongdoing early on. Mismanagement is one thing; obstruction…
The Texas Court of Criminal Appeals delivered an opinion yesterday that reigns in police searches. Finally, the pendulum swings back toward freedom for Texans. The facts state a citizen was stopped and searched while leaving his hotel room with another person at night. The police officer based his search on…