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	<title>Texas Criminal Defense Lawyers</title>
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	<link>http://www.mytexasdefenselawyer.com</link>
	<description>Texas Criminal Defense Lawyers help you fight criminal charges in Texas courts.</description>
	<lastBuildDate>Mon, 30 Aug 2010 04:40:39 +0000</lastBuildDate>
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		<title>Greenville, TX Gets Police License Plate Scanners</title>
		<link>http://www.mytexasdefenselawyer.com/2010/08/29/greenville-tx-police-license-plate-scanners/</link>
		<comments>http://www.mytexasdefenselawyer.com/2010/08/29/greenville-tx-police-license-plate-scanners/#comments</comments>
		<pubDate>Mon, 30 Aug 2010 04:40:39 +0000</pubDate>
		<dc:creator>dmatson</dc:creator>
				<category><![CDATA[license plate scanners]]></category>
		<category><![CDATA[evidence]]></category>
		<category><![CDATA[license plate scanner]]></category>
		<category><![CDATA[police]]></category>
		<category><![CDATA[surveillance]]></category>

		<guid isPermaLink="false">http://www.mytexasdefenselawyer.com/?p=310</guid>
		<description><![CDATA[Greenville, a northeast suburb of Dallas is the latest city to acquire a new automatic license plate scanning systems for their police department. This system will be used by the police department to search for stolen cars, and identify drivers and cars flagged in the database as wanted by the police. As reported in the Greenville [...]]]></description>
			<content:encoded><![CDATA[<p>Greenville, a northeast suburb of Dallas is the latest city to acquire a new automatic license plate scanning systems for their police department. This system will be used by the police department to search for stolen cars, and identify drivers and cars flagged in the database as wanted by the police. <span id="more-310"></span></p>
<p>As reported in the Greenville Herald-Banner (via <a href="http://www.istockanalyst.com/article/viewiStockNews/articleid/4449905">istockanalyst</a>), the city was awarded a federal grant to purchase an Automatic License Plate Reader (ALPR) system for one of it&#8217;s police cruisers.</p>
<p>The Greenville already have one <a href="http://www.platescan.com/">Platescan</a> system in use, paid for by a local group called the <a href="http://www.huntcountycrimestoppers.com/">Hunt County Crime Stoppers</a>, which has been successful in identifying stolen cars, and flagging one person on a <a href="http://www.mytexasdefenselawyer.com/texas-criminal-laws-penalties/failure-to-appear/">felony warrant</a>.</p>
<p>These license plate scanning systems combine cameras that can snap images of all vehicle license plates within visual range (including moving at highway speeds), scan the plate numbers, and match them with an on board database in real time. If any license tags register a &#8220;hit&#8221; for any reason, the officer in the vehicle in instantly alerted, and can take action to stop the car in question.</p>
<p>Police officers love these systems, allowing them to tag and track virtually every car on the road, instead of occasionally and randomly entering plate numbers by hand.</p>
<p>Typical hits for cars flagged in law enforcement databases, include cars tagged as stolen, or wanted for any other reason, like <a href="http://www.amberalert.gov/">amber alerts</a>. The database can also be matched with law enforcement and court databases to identify cars owned by those with criminal warrants. They can also match with DMV data indicating that the owner/driver may be operating on a <a href="http://www.mytexasdefenselawyer.com/texas-criminal-laws-penalties/suspended-license/">suspended license</a>.</p>
<p>The bottom line is that if you suspect that you are wanted by the police, or shouldn&#8217;t be driving, you just cannot expect to get away with it. These systems are rapidly deploying nationwide, creating a vast law enforcement surveillance web.</p>
<p>The fact is, you are being watched, and your movements are being tracked. You may not be able to do anything about it, but you need to know that it is happening.</p>
<p>&#8212;</p>
<p>More on <a href="http://www.experiencedcriminallawyers.com/articles/automatic-license-plate-recognition-alpr-scanning-systems/">automatic license plate scanners</a> and <a href="http://www.nj-defense-lawyer.com/lawblog/surveillance-state/">police surveillance</a>.</p>
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		<title>Dallas County Has Alternative Sentencing Options</title>
		<link>http://www.mytexasdefenselawyer.com/2010/08/26/dallas-county-alternative-sentencing-options/</link>
		<comments>http://www.mytexasdefenselawyer.com/2010/08/26/dallas-county-alternative-sentencing-options/#comments</comments>
		<pubDate>Thu, 26 Aug 2010 17:49:00 +0000</pubDate>
		<dc:creator>dmatson</dc:creator>
				<category><![CDATA[criminal law]]></category>
		<category><![CDATA[courts]]></category>
		<category><![CDATA[criminal procedure]]></category>
		<category><![CDATA[Dallas]]></category>
		<category><![CDATA[sentencing]]></category>

		<guid isPermaLink="false">http://www.mytexasdefenselawyer.com/?p=307</guid>
		<description><![CDATA[The Dallas County alternative sentencing option is being heralded a success for a variety of reasons. Not only do the defendants prefer their home to a jail cell, the county can appreciate the hundreds of thousands of dollars the program has saved in its first year. It’s nearly been a year since the county began [...]]]></description>
			<content:encoded><![CDATA[<p>The Dallas County alternative sentencing option is being heralded a success for a variety of reasons. Not only do the defendants prefer their home to a jail cell, the county can appreciate the hundreds of thousands of dollars the program has saved in its first year.</p>
<p>It’s nearly been a year since the county began the program and it’s already saved $366,016, according to the <a href="http://www.dallasnews.com/sharedcontent/dws/dn/latestnews/stories/082310dnmetaltsentencing.2a400e2.html">Dallas Morning News</a>. And the cost of the program—already paid for. The County had budgeted only $200,000 to get the program on its feet, well surpassed by nearly two-fold.<span id="more-307"></span></p>
<p>The new sentencing program was designed to replace a conventional work release program that allowed inmates to work outside of an institution during the day but return to that jail for overnights and weekends. The current program has “clients” instead staying close to home.</p>
<p>Each client is outfitted with an ankle monitor, one which is able to pinpoint location within 3 feet. They are allowed to go to and from work and then immediately home. Typically, the client wears the monitor for 30 to 180 days depending on the sentence.</p>
<p>Because employment is thought of as one of the barriers to rehabilitation after a conviction, the alternative sentencing program encourages clients to stay on the straight and narrow—not having to worry about losing a job due to missed work and a jail term.</p>
<p>Clients are required to pay a daily monitoring fee for the program, though it’s comparable to the $10 daily fee once paid by work release inmates. Other costs and fees may also be assessed, however, based on the case at hand.</p>
<p>When you are facing <a href="http://www.mytexasdefenselawyer.com/texas-criminal-laws-penalties/">misdemeanor</a> charges or even <a href="http://www.mytexasdefenselawyer.com/texas-criminal-laws-penalties/">state felony</a> charges, there’s a good chance you could qualify for a program like this. Even if you aren’t in Dallas County, there are other similar programs across the state.</p>
<p><a href="http://www.experiencedcriminallawyers.com/articles/deferred-prosecution-deferred-judgment/">Deferred prosecution</a> and specialty courts also offer a sort of sentencing alternative, usually seeking to assist you rather than punish you. They may sentence you to probation instead of jail time—a godsend when the prospect of sitting behind bars isn’t a possible outcome.</p>
<p>If you have a relatively clean criminal record and the charges you face now aren’t a high level felony, there’s a good chance you won’t have to do any time. Speaking with a <a href="http://www.mytexasdefenselawyer.com/">defense attorney</a> about the specific circumstances of your case will give you a clearer picture of what you can expect.</p>
<p>Contact our lawyers today to discuss your case and the options you have.</p>
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		<title>Cleared Former Convict Works To Help Others</title>
		<link>http://www.mytexasdefenselawyer.com/2010/08/19/houston-former-convict-helps/</link>
		<comments>http://www.mytexasdefenselawyer.com/2010/08/19/houston-former-convict-helps/#comments</comments>
		<pubDate>Thu, 19 Aug 2010 19:39:04 +0000</pubDate>
		<dc:creator>dmatson</dc:creator>
				<category><![CDATA[criminal law]]></category>
		<category><![CDATA[conviction]]></category>
		<category><![CDATA[dna]]></category>

		<guid isPermaLink="false">http://www.mytexasdefenselawyer.com/?p=305</guid>
		<description><![CDATA[When someone is released from prison,  it typically takes them a while to find a good job. Some never find what they would consider a “good job” and instead find employment that barely covers the bills. Such is the life of a convicted felon—struggling to rejoin a society that too often turns its back. One [...]]]></description>
			<content:encoded><![CDATA[<p>When someone is released from prison,  it typically takes them a while to find a good job. Some never find what they would consider a “good job” and instead find employment that barely covers the bills. Such is the life of a convicted felon—struggling to rejoin a society that too often turns its back.</p>
<p><a href="http://www.chron.com/disp/story.mpl/metropolitan/7159231.html">One man</a>, wrongfully convicted of rape and recently freed by DNA evidence isn’t having such problems. No, he’ll be writing legal briefs and working for the attorney who helped free him. Michael Green wrote the 13 page letter that ultimately earned him his freedom and he hopes to be able to help other wrongfully convicted Texans do the same.<span id="more-305"></span></p>
<p>Green was sentenced to 75 years in a Texas prison for raping a Houston woman. He has since been cleared by DNA evidence. Not a complete angel, Green admits his past lifestyle may have made him a target for police during the rape investigation, though he was innocent of that particular crime.</p>
<p>In addition to working for the attorney that helped gain his freedom, the man who spent 27 years in prison for a crime he didn’t commit is also looking forward to speaking to the youth about staying out of trouble.</p>
<p>Not many people who do time see these kinds of benefits so soon after being released from prison. Being exonerated of the charges certainly has something to do with this because having a <a href="http://www.mytexasdefenselawyer.com/texas-criminal-laws-penalties/">felony conviction</a> on your record can make it <em>extremely</em> hard to find gainful employment.</p>
<p>Research shows that employment is the top indicator of recidivism. This means if you have a job you are far less likely to get into additional legal trouble. But finding a job is just one of many obstacles to overcome when you have a criminal record.</p>
<p>The best way to avoid such circumstances is avoiding a conviction altogether. Having a <a href="http://www.mytexasdefenselawyer.com/">defense attorney</a> on your side to help you through the criminal process can make a major difference not only in your stress level but also potentially in the outcome of your case.</p>
<p>Whether it’s a felony or a <a href="http://www.mytexasdefenselawyer.com/texas-criminal-laws-penalties/">misdemeanor</a>, a property crime or a more serious violent crime—a defense attorney can help you weigh your options and discuss the best potential outcomes. Contact me today if you are facing criminal charges.</p>
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		<title>Flawed Eyewitness Identification At Fault In Two Recent High Profile Cases</title>
		<link>http://www.mytexasdefenselawyer.com/2010/08/12/flawed-eyewitness-identification/</link>
		<comments>http://www.mytexasdefenselawyer.com/2010/08/12/flawed-eyewitness-identification/#comments</comments>
		<pubDate>Thu, 12 Aug 2010 15:08:57 +0000</pubDate>
		<dc:creator>dmatson</dc:creator>
				<category><![CDATA[criminal law]]></category>
		<category><![CDATA[crime]]></category>
		<category><![CDATA[criminal procedure]]></category>
		<category><![CDATA[dna]]></category>
		<category><![CDATA[evidence]]></category>

		<guid isPermaLink="false">http://www.mytexasdefenselawyer.com/?p=302</guid>
		<description><![CDATA[Two cases of DNA exoneration in the Houston area is bringing the issue of eyewitness identification into the light. Two men who served a combined total of 46 years behind bars for offenses they didn’t commit can largely blame eyewitness identification for their convictions. Allen Wayne Porter was 20 years old at the time of [...]]]></description>
			<content:encoded><![CDATA[<p>Two cases of DNA exoneration in the Houston area is bringing the issue of eyewitness identification into the light. Two men who served a combined total of 46 years behind bars for offenses they didn’t commit can largely blame eyewitness identification for their convictions.<span id="more-302"></span></p>
<p>Allen Wayne Porter was 20 years old at the time of his conviction in 1990. He was sentenced to life and served 19 years for a rape and robbery charge. Michael Anthony Green was convicted of aggravated sexual assault at age 18 in 1983 and served 27 out of 75 years he was sentenced to.</p>
<p>Both men’s DNA ultimately set them free this summer. And they would likely still be languishing within the custody of the Texas prison system if it wasn’t for the Post Conviction Review Section in the Harris County District Attorney’s office.</p>
<p>In Texas alone, 80% of all cases of DNA exonerations have involved error in eyewitness identification, according to the <a href="http://ipoftexas.org/">Innocence Project of Texas</a>. This fact should be enough to change the way that witness are interviewed, the way they are presented line ups, and the weight of their statements at trial.</p>
<p>According to the <a href="http://www.chron.com/disp/story.mpl/editorial/7143323.html">Houston Chronicle</a> at least one law maker has been trying to change the way things are done on a state level for years. Senator Rodney Ellis sponsored legislation that would’ve adopted the best practices for eyewitness identification. Unfortunately it failed.</p>
<p>Small steps taken by local and state level agencies could prevent wrongful convictions. Point blank. And small changes like administering photo lineups sequentially rather than laying a series of photos all out at once can make a big difference.</p>
<p>It seems strange and frankly somewhat appalling in the light of these two most recent cases that law makers and enforcement alike wouldn’t be jumping at the chance to make these relatively small procedural changes. Simply telling the witness, “the suspect may or may not be in the lineup” can significantly reduce the likelihood that the witness will feel compelled to choose someone even if they aren’t sure the right person is in the photos.</p>
<p>While false accusations and faulty eyewitness testimony isn’t common, it does happen. And it doesn’t only happen in serious cases of rape and murder. It can happen even in <a href="http://www.mytexasdefenselawyer.com/texas-criminal-laws-penalties/drug-delivery/">misdemeanor possession</a> cases or <a href="http://www.mytexasdefenselawyer.com/texas-criminal-laws-penalties/assault/">assault cases.</a></p>
<p>If you’re accused of a crime you don’t feel you had anything to do with, we can help. Even if you made a mistake but you think the charges against you are way more serious than warranted—we can discuss your options.</p>
<p>Contact our attorneys today to talk about how the system works and what can be done to protect your rights.</p>
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		<title>Drugs Washing Up on Texas Beaches</title>
		<link>http://www.mytexasdefenselawyer.com/2010/08/10/drugs-texas-beaches/</link>
		<comments>http://www.mytexasdefenselawyer.com/2010/08/10/drugs-texas-beaches/#comments</comments>
		<pubDate>Tue, 10 Aug 2010 14:10:17 +0000</pubDate>
		<dc:creator>dmatson</dc:creator>
				<category><![CDATA[Drugs]]></category>
		<category><![CDATA[felony]]></category>

		<guid isPermaLink="false">http://www.mytexasdefenselawyer.com/?p=299</guid>
		<description><![CDATA[A kilo of cocaine is definitely not what you’d expect to find on a morning walk on the beach. But it wouldn’t be the first nor the last time someone has ran across significant remnants of the drug trade and officials are seeing an increase in such packages washing up on Texas shores. According to [...]]]></description>
			<content:encoded><![CDATA[<p>A kilo of cocaine is definitely not what you’d expect to find on a morning walk on the beach. But it wouldn’t be the first nor the last time someone has ran across significant remnants of the drug trade and officials are seeing an increase in such packages washing up on Texas shores.<span id="more-299"></span></p>
<p>According to the <a href="http://www.chron.com/disp/story.mpl/metropolitan/7139792.html">Houston Chronicle</a>, tightened border security may have something to do with the jump in smuggling by water. While it isn’t clear why the drugs didn’t make it to their final destination, the result has been a wide variety of interesting packages just showing up on the sand.</p>
<p>South Padre Island saw about 800 pounds of marijuana in one single incident. In Jefferson County and on High Island, recoveries of about 24 kilograms of cocaine occurred. One woman walking the beach in May near Galveston found a black bag containing 37 pounds of cocaine.</p>
<p>Most people comb the beaches looking for ship wreck remnants, pretty shells, or shark teeth. Few expect to find their million dollar treasure in the form of illegal drugs.</p>
<p>According to the Chronicle, trafficking drugs by water is notoriously difficult for officials to put a stop to. The Central and South American to Florida cocaine operations of the eighties and nineties went down in pop culture history, covered by movies and television shows like Miami Vice.</p>
<p>It’s believed these more recent Texas instances are more likely to be from Mexico. Officials have posted signs along beaches warning the typical beachgoers of the possibility of traffickers crossing their paths, though there haven’t been many encounters reported.</p>
<p><a href="http://www.mytexasdefenselawyer.com/texas-criminal-laws-penalties/drug-delivery/">Trafficking drugs</a> in this manner, from country to country, is a very serious crime. However, selling it from one neighborhood to the next is as well. For <a href="http://www.mytexasdefenselawyer.com/texas-criminal-laws-penalties/drug-delivery/">distributing</a> even a small amount of cocaine you could spend years behind bars.</p>
<p>You don’t have to be a kingpin with access to speedboats to face a lengthy prison stint for trafficking drugs. Even for selling more than 4 grams you could face <a href="http://www.mytexasdefenselawyer.com/texas-criminal-laws-penalties/">first degree felony charges</a> and spend the remainder of your life in prison.</p>
<p>If this is your first drug charge ever and it doesn’t involve multiple pounds of drugs, there’s a chance you could get off without going to prison. It all depends on the specific circumstances of your case. <a href="http://www.mytexasdefenselawyer.com/">Contact me today</a> to discuss what your charges mean and what the potential penalties are.</p>
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		<title>Dallas To Get Tough on Property Crime?</title>
		<link>http://www.mytexasdefenselawyer.com/2010/08/06/dallas-property-crime/</link>
		<comments>http://www.mytexasdefenselawyer.com/2010/08/06/dallas-property-crime/#comments</comments>
		<pubDate>Fri, 06 Aug 2010 20:22:47 +0000</pubDate>
		<dc:creator>dmatson</dc:creator>
				<category><![CDATA[criminal law]]></category>
		<category><![CDATA[crime]]></category>
		<category><![CDATA[theft]]></category>

		<guid isPermaLink="false">http://www.mytexasdefenselawyer.com/?p=296</guid>
		<description><![CDATA[A committee made up of North Texas law enforcement and activists assembled to discuss potential legislation this past week. Up for discussion—the need for stronger property crime prevention and prosecution. According to the Dallas Morning News, area district attorneys and law enforcement are frustrated with the speed in which property crime violators are back on [...]]]></description>
			<content:encoded><![CDATA[<p>A committee made up of North Texas law enforcement and activists assembled to discuss potential legislation this past week. Up for discussion—the need for stronger property crime prevention and prosecution. According to the <a href="http://www.dallasnews.com/sharedcontent/dws/news/localnews/stories/DN-dawishlist_23met.ART.State.Edition1.4d26b2e.html">Dallas Morning News</a>, area district attorneys and law enforcement are frustrated with the speed in which property crime violators are back on the streets committing more offenses.<span id="more-296"></span></p>
<p>According to Dallas Police Chief “It is becoming increasingly difficult for law enforcement to be successful against property crime with what happens down the line.” He is referring to the inability of prosecutors to remove offenders from the streets, instead allowing them to return to a life of <a href="http://www.mytexasdefenselawyer.com/texas-criminal-laws-penalties/theft/">petty thefts.</a></p>
<p>The key, the committee says, is in prevention and tougher prosecution. They seem to think expanding the DNA collection procedures could help, though it’s not clear how. Currently, DNA is collected for only <a href="http://www.mytexasdefenselawyer.com/texas-criminal-laws-penalties/">felony offenses</a> though they would like to see it applied to <a href="http://www.mytexasdefenselawyer.com/texas-criminal-laws-penalties/">Class B misdemeanors</a> as well.</p>
<p>The committee is also proposing changes to the prescription database of the Texas Department of Public Safety. This database tracks prescription sales, preventing “doctor shopping”. It allegedly takes too long, however, for the network to be updated, allowing people to doctor shop until the database catches up.</p>
<p>Committees like this one are designed to meet and discuss the interests of public safety. After discussing priorities and problem-areas, they determine which measures should be taken before the Legislature. Of course, there are no new laws drafted as of yet, the panel has simply narrowed their focus.</p>
<p>The interests of this committee are public safety. And while it’s true budgetary constraints don’t always allow for the most minor of criminal offenses to be harshly prosecuted, it isn’t clear that this would actually impact the crime rate in a significant manner.</p>
<p>While removing a thief from the streets will keep him from committing further thefts, his incarceration won’t likely prevent others. In other words—until preventative measures are taken more seriously than punitive ones, there will always be someone to take that thief’s place.</p>
<p>If you are facing charges of <a href="http://www.mytexasdefenselawyer.com/texas-criminal-laws-penalties/theft/">theft</a> of even <a href="http://www.mytexasdefenselawyer.com/texas-criminal-laws-penalties/criminal-mischief-arson/">criminal mischief</a> you can typically expect to face a more lenient penalty than someone facing assault charges, for instance. However, if the damage or theft involves a larger amount of money, your penalties are increased proportionately.</p>
<p>When facing any criminal charges, regardless of how “minor” they might seem, an experienced defense attorney can be a true asset. <a href="http://www.mytexasdefenselawyer.com/">Contact me today</a> for a consultation on your case and to see how I may be able to help.</p>
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		<title>Houston Police Orders Officers to Ignore Court Subpoena Time</title>
		<link>http://www.mytexasdefenselawyer.com/2010/08/03/houston-police-ignore-court-subpoena/</link>
		<comments>http://www.mytexasdefenselawyer.com/2010/08/03/houston-police-ignore-court-subpoena/#comments</comments>
		<pubDate>Tue, 03 Aug 2010 20:39:46 +0000</pubDate>
		<dc:creator>dmatson</dc:creator>
				<category><![CDATA[criminal law]]></category>
		<category><![CDATA[criminal procedure]]></category>
		<category><![CDATA[subpoena]]></category>

		<guid isPermaLink="false">http://www.mytexasdefenselawyer.com/?p=294</guid>
		<description><![CDATA[A new order from Police Chief Charles McClelland has Houston police officers ignoring subpoena times and leaving citizens hanging. The order is said to have been issued to save the department from paying overtime—suggesting officers not show up at court until after 1pm regardless of the time on their subpoenas. So, what’s the problem? Citizens [...]]]></description>
			<content:encoded><![CDATA[<p>A new order from Police Chief Charles McClelland has Houston police officers ignoring subpoena times and leaving citizens hanging. The order is said to have been issued to save the department from paying overtime—suggesting officers not show up at court until after 1pm regardless of the time on their subpoenas.<span id="more-294"></span></p>
<p>So, what’s the problem? Citizens cited to <a href="http://www.mytexasdefenselawyer.com/texas-criminal-court-procedures/">municipal court</a> have to be on time. The court can’t process their case until the police officer shows up. This means citizens are waiting around the courtrooms all day without the option of “ignoring” the time indicated by the court.</p>
<p>Citizens are only allowed to leave to use the restroom or feed their parking meter. Because trials start at around 8am, according to the <a href="http://www.chron.com/disp/story.mpl/metropolitan/7129354.html">Houston Chronicle</a>, this new order results in some people having to wait for more than 5 hours.</p>
<p>While waiting, they citizens are offered a plea from the prosecution. A plea bargain requires the citizen to admit to some aspect of guilt. While no one wants to admit to something they didn’t do, a wait time of 6 hours might be all that’s needed for someone to waive their right to trial and move ahead with a plea they wouldn’t normally have taken.</p>
<p>This is the issue that has defendants and defense attorneys alike up in arms. The police order simply isn’t fair. However, the Mayor, Police Chief, and others seem too occupied with cutting overtime costs to recognize the injustice at hand.</p>
<p>Although most <a href="http://www.mytexasdefenselawyer.com/texas-criminal-laws-penalties/">criminal cases</a> end in a plea agreement, that doesn’t mean they’re always the best option—particularly when the motivation behind them is a shorter wait time or a little bit of monetary savings for the local courts. While this story only refers to the municipal courts, plea agreements play an important role at every level of the <a href="http://www.mytexasdefenselawyer.com/texas-criminal-court-procedures/">criminal courts.</a></p>
<p>There are instances where a plea bargain is the best option. If you are facing <a href="http://www.mytexasdefenselawyer.com/texas-criminal-laws-penalties/">criminal charges</a> and a conviction is imminent, a plea agreement can reduce the potential sentence you face and even potentially save you from serving jail time altogether.</p>
<p>In order to truly know if a plea bargain is in your best interest, a consultation with a <a href="http://www.mytexasdefenselawyer.com/">defense attorney</a> is needed. Contact me today to discuss the details of your case. If the case against you is flimsy and you want to fight it at trial—I will be there to tirelessly defend you.</p>
<p>No matter what charges you are facing, I am interested in helping. <a href="http://www.mytexasdefenselawyer.com/">Contact me today.</a></p>
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		<title>Man Charged DWI Manslaughter On the Run</title>
		<link>http://www.mytexasdefenselawyer.com/2010/07/16/dwi-manslaughter-charge/</link>
		<comments>http://www.mytexasdefenselawyer.com/2010/07/16/dwi-manslaughter-charge/#comments</comments>
		<pubDate>Fri, 16 Jul 2010 20:26:57 +0000</pubDate>
		<dc:creator>dmatson</dc:creator>
				<category><![CDATA[DWI]]></category>
		<category><![CDATA[criminal procedure]]></category>
		<category><![CDATA[felony]]></category>
		<category><![CDATA[warrant]]></category>

		<guid isPermaLink="false">http://www.mytexasdefenselawyer.com/?p=290</guid>
		<description><![CDATA[A 25 year old resident of Nepal is now a wanted man after police released him following a wreck that killed 3 Houston teens. This isn’t just a story about the danger of drunk driving but how law enforcement determines if someone is a “flight risk”. The college student is now facing three charges of [...]]]></description>
			<content:encoded><![CDATA[<p>A 25 year old resident of Nepal is now a wanted man after police released him following a wreck that killed 3 Houston teens. This isn’t just a story about the danger of <a href="http://www.mytexasdefenselawyer.com/texas-criminal-laws-penalties/dwi-laws/">drunk driving</a> but how law enforcement determines if someone is a “flight risk”. The college student is now facing three charges of intoxicated manslaughter and is nowhere to be found.<span id="more-290"></span></p>
<p>The accident occurred last week as the man was giving a ride to two teens after a “teen night” party, according to <a href="http://www.chron.com/disp/story.mpl/metropolitan/7108542.html">The Houston Chronicle</a>. A third teen was in the SUV struck by the man, riding with her father. The two 13 year olds and 17 year old died as a result of the accident.</p>
<p>Immediately following the collision, police gave the suspect a series of field sobriety tests—of which he failed 2 of 3. They transported him to the hospital for blood to be drawn, a test whose results aren’t immediately available. The suspect told police he had only drank a fraction of one beer and they are said to have believed him.</p>
<p>The police followed standard procedure, given the circumstances, even calling a representative from the District Attorney’s office. The decision was made that he wasn’t a flight risk and he was released pending further investigation.</p>
<p>The test results came back and showed the man had a blood alcohol level of .127 to .162. This is a suspiciously wide rage, if the report is true, but it is well above the legal limit of .08. Now, however, he us nowhere to be found and may be back in his native Nepal.</p>
<p>Many things are taken into consideration when determining if someone is a flight risk. The police believed the man was a business owner, “giving him a serious tie to the community.” Things like employment and family are seen as reasons a person wouldn’t flee a criminal investigation. In this situation, however, it appears they were wrong.</p>
<p>Understandably, the police and prosecutors are facing backlash in the wake of the man’s release. They could have held him for 24 hours though this still wouldn’t have been enough time to get the test results back. The District Attorney’s office states there simply wasn’t enough evidence to charge him the night of the accident and they had no reason to think he was a flight risk.</p>
<p><a href="http://www.mytexasdefenselawyer.com/texas-criminal-laws-penalties/dwi-laws/">Drinking and driving</a> can quickly turn into a situation much more serious, and obviously a vehicular manslaughter charge is a tragic outcome.</p>
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		<title>Houston Police Barred From Speaking to Defense Lawyers</title>
		<link>http://www.mytexasdefenselawyer.com/2010/07/09/houston-police-defense-lawyers/</link>
		<comments>http://www.mytexasdefenselawyer.com/2010/07/09/houston-police-defense-lawyers/#comments</comments>
		<pubDate>Fri, 09 Jul 2010 20:12:47 +0000</pubDate>
		<dc:creator>dmatson</dc:creator>
				<category><![CDATA[criminal law]]></category>
		<category><![CDATA[criminal procedure]]></category>
		<category><![CDATA[police]]></category>

		<guid isPermaLink="false">http://www.mytexasdefenselawyer.com/?p=288</guid>
		<description><![CDATA[A new rule in the Houston Police Department bars officers from speaking with defense lawyers without permission from the prosecution. According to the Houston Chronicle, the new rule came down via memo from Chief Charles McClelland on July 1. Defense attorneys are questioning the legality of the rule and certainly the impact it may have. [...]]]></description>
			<content:encoded><![CDATA[<p>A new rule in the Houston Police Department bars officers from speaking with defense lawyers without permission from the prosecution. According to the <a href="http://www.chron.com/disp/story.mpl/metropolitan/7098290.html">Houston Chronicle</a>, the new rule came down via memo from Chief Charles McClelland on July 1. <a href="http://www.mytexasdefenselawyer.com/">Defense attorneys</a> are questioning the legality of the rule and certainly the impact it may have.<span id="more-288"></span></p>
<p>The District Attorney, Pat Lykos stated that she had no discussions with the chief of police about the memo but failed to comment directly on the rule itself. The Chief also declined comment for the Chronicle report.</p>
<p>Nicole Deborde, the president of the Harris County Criminal Lawyers Association call the rule “irresponsible” and “disappointing”. She makes a good point that it causes people to question what the police and prosecution may be hiding in any given case.</p>
<p>Legally, a witness can refuse to talk to defense attorneys. However, this rule forbids police from speaking with them, which may be considered illegal witness tampering, according to Deborde. This type of practice could potentially lead to complaints to the state bar about prosecutors for unethical practices.</p>
<p>In addition, the rule creates a larger divide in the we vs. them mentality by forcing the police to seemingly join the prosecution team rather than act as a fact-finding body, as they are supposed to. As one local <a href="http://www.mytexasdefenselawyer.com/">defense lawyer</a> says: “It is absolutely destroying any last vestiges that a police officer is a neutral witness who is just trying to figure out what happened.”</p>
<p>The long term impact of the rule remains to be seen, as does any fall out and bar complaints that may arise. It will, no doubt, make communication by defense attorneys a little more difficult, however.</p>
<p>An open exchange of information is ideal when handling criminal defense cases. Being able to get the facts from an officer on the scene can give one good insight into the case. Having to go through a prosecutor to get this type of insight is troubling to say the least.</p>
<p>When you are facing <a href="http://www.mytexasdefenselawyer.com/texas-criminal-laws-penalties/">criminal charges</a>, though, you need a <a href="http://www.mytexasdefenselawyer.com/">defense lawyer</a> willing to do what’s necessary to help you with your case, even if that involves several extra steps. Putting for the extra effort is what I do best.</p>
<p>Call our Texas defense attorneys for a free consultation on your case and some legal advice. Together we can discuss what your best course of action might be and how I can help.</p>
<p><strong> </strong></p>
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		<title>Twenty-eight Arrested In Sting of Diverse Drug Ring</title>
		<link>http://www.mytexasdefenselawyer.com/2010/07/08/drug-cartel-ring-mexican/</link>
		<comments>http://www.mytexasdefenselawyer.com/2010/07/08/drug-cartel-ring-mexican/#comments</comments>
		<pubDate>Thu, 08 Jul 2010 21:38:15 +0000</pubDate>
		<dc:creator>dmatson</dc:creator>
				<category><![CDATA[Drugs]]></category>
		<category><![CDATA[crime]]></category>

		<guid isPermaLink="false">http://www.mytexasdefenselawyer.com/?p=285</guid>
		<description><![CDATA[Nearly 30 people were arrested by federal agents this week for participating in a drug ring with ties back to a Mexican drug cartel. The ring was called the “United Nations” of drug rings because of its unusual diversity. The makeup of this ring simply shows that the stereotypical drug dealer isn’t always what people [...]]]></description>
			<content:encoded><![CDATA[<p>Nearly 30 people were arrested by federal agents this week for participating in a drug ring with ties back to a Mexican drug cartel. The ring was called the “United Nations” of drug rings because of its unusual diversity. The makeup of this ring simply shows that the stereotypical drug dealer isn’t always what people think.<span id="more-285"></span></p>
<p>According to  <a href="http://www.kfdm.com/news/federal-38396-texas-individuals.html">KFDM</a> the investigation leading up to the arrests included cooperation between several agencies including the DEA, ICE, Houston Police, Galveston Police, Texas Rangers, Department of Public Safety, and Sheriff’s Departments in Jefferson, Chambers, and Orange county. Although all 28 will be facing federal charges, these cases could have just as easily been filed in state court.</p>
<p>The ring involved <a href="http://www.mytexasdefenselawyer.com/texas-criminal-laws-penalties/drug-delivery/">distribution of meth</a> and cocaine. According to the <a href="http://www.chron.com/disp/story.mpl/metropolitan/7086952.html">Houston Chronicle</a>, the parties were distributing the drugs without discrimination—to urban areas and suburban communities alike. “It’s like they were delivering pizzas” said DEA agent Bill Furay.</p>
<p>The most unusual aspect of the case is said to be the diversity within it. It’s pretty common to see drug rings stay pretty close to one ethnic or racial background. This group, however, crossed racial lines and language barriers alike.</p>
<p>The group was said to include Mexican-Americans, African-Americans, white Americans, Mexicans, Hondurans, and one each Pakistani and Israeli citizens. Not all are here legally, however, and will face deportation after resolution of their criminal charges.</p>
<p>Society often thinks of drug dealers as the down trodden members of society, existing in dark alleys and on corners in the roughest neighborhoods. Often, though they are reluctant to admit it, people pin these stereotypes on ethnic minorities. Stories like this show just how diverse criminal behavior is.</p>
<p>It doesn’t matter where you live, where you were born, or what color your skin is—you too could be involved in <a href="http://www.mytexasdefenselawyer.com/texas-criminal-laws-penalties/drug-delivery/">serious drug crimes.</a></p>
<p>Facing charges like <a href="http://www.mytexasdefenselawyer.com/texas-criminal-laws-penalties/drug-delivery/">distribution of a controlled substance</a> can be life-changing and seriously stressful. You can go to prison for two years for distributing less than a single gram of cocaine.  Three grams and you can face up to 20 years. With these kinds of penalties it makes no sense to go it alone.</p>
<p>If you are facing charges of manufacturing or distributing a controlled substance, please contact us for help. Let’s discuss the evidence they have against you and how we can defend you against the charges.<strong><br />
</strong></p>
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