Last summer, the 39-year-old Texas man was arrested for causing a fatal drunk driving accident. The man reportedly ran a red light and collided with another man's car while he was under the influence of alcohol. The other driver, a 20-year-old man, died as a result of his injuries. Since that time, the 39-year-old man has served time in jail for his drunk driving offense.
]]> Currently, the man convicted of drunk driving is serving a two year probation period. In a strange move, the judge ordered the man to keep a framed picture of the 20-year-old's driver's damaged vehicle in his home and wear a sign around his neck saying that he killed someone as a result driving drunk.Court orders require the Texas man to wear the sign in public near the sight of the accident for four consecutive Saturdays. The man has been ordered to stand at that spot for eight hours each day.
If someone is convicted of a crime, they should serve a sentence that is fair and matches the nature of the crime that occurred. In this particular case, this man has been forced to wear a sign that will be a great source of shame. A punishment shouldn't be designed simply to humiliate someone. According to the Bill of Rights, those who are convicted of a crime should not be subject to cruel or unusual punishment. No matter the nature of a supposed criminal incident, a person deserves to have their constitutional rights upheld.
Source: Syracuse.com, "Texas drunk driver ordered to wear 'I killed Aaron Coy Pennywell' sign,"April 23, 2012
]]>According to the study, released by USA Today, police departments around the country have seen an uptick in the number of domestic violence calls since the economy took a turn for the worst. Nearly 40 percent of law enforcement centers have seen an increase in such cases over the last couple years. The Houston area is not immune from this national trend, as local officials have noted a similar pattern.
]]> Worrying about losing a job or home may put level-headed individuals in a situation unlike any they have ever experienced. As such, the stress can cause them to have a momentary failure to use good judgment and get wound up in a situation they ultimately regret.Furthermore, domestic strife caused by financial hardship can escalate into a very complex domestic situation in which the police are called, but no physical altercation even occurred. Still, cops may apprehend someone involved in an intense confrontation, even if there is no clear evidence that the disagreement became physical in nature.
As this study shows, the complex relationship between a person's domestic and financial lives can result in otherwise inexplicable events. Knowing this, it is best for those involved in a domestic dispute to carefully consider and review all the facts of a case when faced with legal challenges. This way, there is a better chance the case will be resolved fairly.
Source: The Huffington Post, "Poor Economy Tied To Rise In Domestic Violence, Survey Finds," May 1, 2012
]]>Right now, Leaf is being held in an out-of-state jail for charges of burglary and criminal drug possession. However, Texas law enforcement officials say that the football player is a fugitive in Texas facing similar fraud charges. Authorities say that Leaf fraudulently obtained prescription medications in both states.
]]> Leaf's most recent arrest, for which he is being held outside of Texas, came after a couple noticed discovered that he was in their living room and stole multiple bottles of prescription drugs from their home. Two days before this encounter with the law, police searched Leaf's home and vehicle and they found illegal prescription drugs.Back in Texas, Leaf was sentenced to 10 years of probation for breaking into and burglarizing a football player's home while he was a coach at West Texas A&M. Also, he was accused of fraudulently obtaining multiple prescription medications. He was sentenced to 10 years' probation and once again faces legal trouble in Texas.
It appears as though this case is not clear cut, which is true for many criminal incidents. Leaf is apparently struggling with chemical dependency issues, which can explain his alleged erratic behavior. Understanding what is going on behind the scenes of a criminal incident provides a much better idea of what may have motivated a person to do the things they are accused of doing.
Leaf's latest brush with the law has already garnered a lot of media attention. Knowing that he will be spending time in the public eye, it is important that Leaf receives the same treatment in a court of law as everyone else. Just because the details of his purported crimes are detailed in many news reports, it is vital to remember that Leaf is entitled to the same presumption of innocence as everyone else dealing with criminal charges.
Source: USA Today, "Texas issues arrest warrants for Ryan Leaf," David Murray, April 26, 2012
]]>According to reports, the Houston woman was completely distressed over losing a child as a result of a miscarriage. She told her fiancé that she had their baby, despite the miscarriage, and was looking for a baby she could bring home. At this point, the nurse went to the local hospital and shot a 28-year-old new mother, apparently, in order to take her child. The woman then took the baby, brought the baby boy to her sister's house and told her sister that she intended to adopt the child.
]]> Eventually, the child's mother passed away as a result of her wounds. The boy was recovered safely and returned to family. Authorities have leveled charges of capital murder and abduction against the nurse.Knowing that the nurse was distraught at the time of the incident, the woman's attorney will explore the possibility of pleading not guilty by reason of mental insanity. For this reason, the woman will undergo a mental health screening.
It has also been pointed out that this is the nurse has no criminal record, so it may be difficult to prove that she will be a future danger. In order to secure capital punishment as a sentence, it must be proven in court that the accused individual poses a future threat. Furthermore, the woman's ex-husband said he could not believe his former wife would shoot someone.
The hope is that the accused woman will receive a fair trial, especially considering the amount of publicity this case has generated. In highly publicized cases, it is easy to assume the worst about those accused. Hopefully the woman's defense works to gather the evidence necessary to achieve an equitable result. Even though the burden of proof required for the "insanity defense" is rather high, it could be the appropriate way to resolve the case.
Source: U.S. News and World Report, "Lawyer: Mom accused in fatal baby abduction upset," Juan A. Lozano, April 19, 2012
]]>Roger Clemons, former pitcher for the Houston Astros, is once again on trial for committing perjury in relation to supposed drug offenses. The trial recently resumed after there was a mistrial declared last year, which happened as the prosecutors used evidence that had previously been deemed inadmissible.
]]> The Houston-based athlete denies all claims that he used human growth hormone to boost his in-game performance. Meanwhile, he faces six charges, including perjury, making false statements and obstructing Congressional procedures for apparently lying during investigations. If convicted on all charges, he could spend 30 years in a federal prison.After spending millions of dollars and many years on their investigations and trials, the federal government has yet to secure any major convictions. Last year, Barry Bonds was found guilty of one minor charge, though he had faced numerous drug charges for his alleged steroid use. If the government is once again unsuccessful in their prosecution, it will lead many to question the necessity of the costly investigations and trials.
In response to the charges, Clemons and his legal team are aggressively working to discredit the evidence and witnesses the prosecution plans to bring forward during trial. The prosecution's primary witness is a strength trainer who claims to have injected many players with drugs. Past statements made by the trainer indicate that he admits to not always being truthful about his claims of administering performance-enhancing drugs.
This particular trial demonstrates the lengths federal prosecutors will go to in order to achieve a guilty verdict. Despite years of investigations and next to no success in court, the government has maintained serious efforts to make their charges stick. Of course Clemons takes the charges leveled against him very seriously, as he has hired several attorneys to represent him in court. These charges would permanently stain Clemons' already tainted reputation. As the trial proceeds, Clemons and his legal representatives will have to do their best to continue to challenge the prosecution's evidence in order to receive a fair outcome.
Source: KPRC-TV Houston, "New Clemens trial begins, with more prosecutors," April 16, 2012
]]>New portable Breathalyzer technology is allowing probation officers in some Texas counties to monitor people remotely. Those who are sentenced to take regular alcohol tests are sent a text message to blow into the testing device to ensure they are not in violation of their probation. Not only does the device test the person's breath for traces of alcohol, but it also tracks them via GPS technology.
]]> For quite some time, the accuracy of Breathalyzer units, particularly in the context of roadside sobriety tests, has been called into question. It is not unheard of for these devices to get inaccurate or false readings. That uncertainty could land people in jail, even if they are not illegally intoxicated or in violation of their parole. One probation officer who uses this technology says that it is not "fail proof" in every situation.Knowing that Texas law enforcement is revising their methods to catch people in violation of their probation underscores the serious nature of drunk driving charges. When a person is suspected of drunk driving, it is vital to cover all their bases in order to make sure that law enforcement can prove beyond a reasonable doubt that they were illegally intoxicated when they were operating their vehicle.
Not only do DUI charges affect a person in the short-term, but they can have lasting impacts, such as the requirement to take regular sobriety tests for their probation. In order to guard against false readings and a probation violation, those in Texas under home monitoring should ensure they are being treated fairly under the law.
Source: KRIS-TV News, "New Technology Helps Keep Track of DWI Offenders," Janine Reyes, April 6, 2012
]]>When this is the case, one or both parties may be taken into custody or placed under arrest, even if all of the facts have not been heard. As a result, many people end up spending the night in prison and require the assistance of a criminal defense attorney, even if the only evidence is one spouse's version of the situation.
]]> Manny Ramirez, the well-known baseball player, was involved in this type of situation. His wife called the police last September claiming that her husband slapped her. She also said that this slap caused her to fall and hit her head on the couple's bed. Police believed her story and arrested Ramirez, charging him with domestic violence.However, since she made that original phone call, something has changed, because the state was unable to serve her with a subpoena in order to receive a statement from her. As a result, the state has dropped the domestic violence charges against Ramirez.
This story is one example of how someone was charged with domestic violence based on the accusations of one spouse at the time of the incident. Aside from the negative publicity, Ramirez had to prepare to defend against these criminal charges of domestic violence, or risk the serious consequences.
Source: The Sacramento Bee, "Charges dropped against Ramirez," March 31, 2012
]]>Reportedly, the 69-year-old man is said to have set fire to a large furniture store where he was once employed. A longstanding feud with the store's owner is said to be the reason why the man would consider committing arson. He has been charged with criminal mischief for his role in starting the blaze, which could lead to a sentence of probation or life behind bars, depending on whether or not he is convicted. Ever since he was suspected of committing this act of arson, the man has maintained his innocence.
]]> The store's owner has openly expressed his disappointment that the trial was unable to continue. Despite the owner's frustrations, the man accused of this serious crime should have the ability to properly defend against the accusations brought against him. Apparently, the man is no longer able to walk and has trouble with cognitive functions because of the tumor. The defendant's attorney stated that anyone that is dealing with a serious medical issue should be given the time necessary to be healthy enough to go on trial.Whenever someone in Houston is dealing with such weighty property crimes charges, it is important to make sure their defense team is ready to act in the best interests of their client. The life-threatening nature of the man's brain tumor was enough to warrant the trial's delay. Thankfully, the man's defense did the right thing. No matter how serious the charges leveled against an individual, they have a constitutional right to mount a strong defense on their behalf. This includes the ability to have a competent attorney and have the physical wherewithal to provide for their own defense.
Source: Houston Chronicle, "Suspect in Gallery Furniture fire ruled incompetent to stand trial," Brian Rogers, March 26, 2012
]]>Recently, Hugh Hefner's son, Marston, pled no contest to charges of domestic violence. The charges emerged from a quarrel with his girlfriend that apparently got out of hand. According to reports, the 21-year-old man's girlfriend had a visible bruise on her shortly after the incident occurred. As a result of his plea, the young man will face sentencing for a charge of "corporal injury to a cohabitant" in a few months.
]]> This domestic violence charge carries a variety of penalties in Hefner's home state. The sentence in this particular case is expected to include one year of violence counseling and a restraining order in effect for three years.In the state of Texas, and across the country, pleading no contest is not exactly the same as pleading guilty to a crime. In essence, this particular option indicates that an individual does not wish to challenge the accusations leveled against them. Sometimes, a no contest plea comes as the result of a plea bargain arranged between the defendant and prosecutors. Furthermore, oftentimes pleading no contest can have implications for further legal action. In some cases, defendants waive their ability to appeal a charge down the road after entering no contest in their original trial.
The hope is that Hefner and his attorney sat down and discussed all relevant facts of his case before deciding that this plea was the best way to proceed with his defense. A trustworthy criminal defense attorney will help their clients consider all options and determine what is best in each unique circumstance.
Source: Reuters, "Hugh Hefner's son Marston pleads to domestic violence," March 21, 2012
]]>In 2000, the Houston man and a friend were caught by police as they were stealing auto parts. The two men tried to flee, but an altercation at the scene led to an officer's death. Based on a radio transmission and claims from a woman that said the Houston man told her he killed a cop, the man was sentenced to be executed. On the other hand, four people have testified that the other man involved in the theft confessed to killing the cop, but the prosecution claimed that their testimonies were not credible. Another testimony indicated that the other man was seen covered in blood and confessed to killing the police deputy.
]]> In a legal motion requesting a new trial, the judge ruled that there was some compelling information regarding the Houston man's claim, but there was not sufficient evidence to grant a re-trial. Now, the man has filed a claim based on the constitutional guarantee of effective legal representation, because his legal representatives did not do enough to point out the evidence working in his favor.One of the primary issues is that evidence came out in support of the man's proclaimed innocence after the first ruling came down. Unfortunately, "actual innocence" is not recognized as a way to overturn an "otherwise valid conviction" under federal law. The Houston man's current attorney indicates that he just got caught up with a rough crowd and now faces the death penalty based on a "legal technicality."
The issues raised in this particular case are far bigger than the case itself. It's a dangerous precedent to send a man to death row based on disputed evidence. In addition, this case indicates the need for strong legal representation in all cases. At this stage, the man faces a tremendous burden to validate his claims, but he may be able to get another trial if his case is effectively presented and serious doubts about the soundness of his conviction are raised.
Source: The New York Times, "Appeal of Death Row Case Is More Than a Matter of Guilt or Innocence," Brandi Grissom, March 10, 2012
]]>Police reports say that a 20-year-old student was arrested after he sold marijuana and Xanax to an undercover cop at a fraternity house on the college campus. He has since been charges with multiple third-degree felonies, because the drugs were not distributed in large quantities. The other person recently arrested, a 21-year-old man, was charged with a second-degree felony for delivery of more than 28 ounces of Xanax. The three others associated with this particular case were all arrested on similar charges.
]]> Many of the drug charges brought against these students include slightly modified penalties because they have been accused of selling drugs in a drug-free zone, the college campus. Even though these individuals have been charged with delivery of relatively small quantities of drugs, they could face up to 10 years for any of the third-degree felony charges or as many as 20 years for the second-degree felonies. Texas drug laws traditionally carry heavy penalties, so any drug charge is to be taken very seriously.When an individual is charged with delivery or possession of illegal drugs, it is very important to make sure their defense team carefully scrutinizes every detail of the police's evidence gathering and arrest. This is especially true during sting operations, which often utilize complex and aggressive tactics. Everyone has constitutional protections against illegal searches and seizures. In order to gather the physical evidence necessary for a drug conviction, police must make sure every procedure they enact is done legally. Anytime evidence is improperly gathered, it cannot be used in the course of a criminal prosecution.
Source: Star-Telegram, "Two more charged in TCU drug sting," Marty Sabota, Mar. 8, 2012
]]>One example of misappropriated court fees includes a fund created by lawmakers in 1997. Last year, Texas state budget managers found $135 million untouched in that account, so they reallocated the money to the general fund to be used for things entirely unrelated to the court system which the fund was intended to support.
]]> A report released by a Texas newspaper reveals that those in criminal court may be paying up to $600 in fees that are not even used to support the court system. One state official commented that the practice of diverting state money in such a way "could be illegal or, at the very least, dishonest." Texans are being misled and forced to pay hundreds of dollars in court fees that are being used for non-judicial purposes.One of the important aspects about this practice is that attorneys have difficulty explaining exactly why their clients have to pay exorbitant fees. In reality, no one really knows exactly what certain court fees are funding or why some even exist. It's unfortunate that attorneys desire to be helpful to their clients, but have no way of providing answers to important questions.
The revelation that up to one-third of court fees may be misappropriated is unwelcome news for those accused of a crime, especially if they are already in a difficult financial circumstance. This story demonstrates the need to have someone who will truly advocate for you in court. When you're required to pay hundreds of dollars in court fees, it's crucial that you have a knowledgeable advocate acting on your behalf to make sure you are treated fairly by the criminal court system.
Source: The River Cities Daily Tribune, "Stiff court fees levied in Texas, even when purposes vanish," Mar. 5, 2012
]]>Based on an anonymous tip, Texas law enforcement officials received word from the school district that their employee was engaged in inappropriate relationships with some of his students. Upon being questioned by school officials, the man resigned from his job. In addition to teaching, he also served as assistant coach for the girls' basketball team.
]]> Police have brought a set of criminal charges against the coach and educator. For the time being, the man is being held in a local jail. An ongoing investigation will determine the veracity of the anonymous tip.The most important fact of this case is that the investigation is still open. School administration has indicated that they need to verify the serious charges leveled against their employee. Whenever an educator is accused of criminal sexual misconduct, it forever damages that person's reputation, even if they are not found guilty, and breaches the trust between parents and schools. Because of the serious consequences this man could face, accusations of inappropriate behavior should never be taken lightly.
Though it is often easy to assume that claims of inappropriate sexual behavior are accurate, it is important to remember that anyone accused of a crime is innocent until proven otherwise. This is especially pertinent in high-profile cases with weighty accusations. Through the course of the investigation more details of the case will emerge, but no matter how strong the case against teacher might appear, he will still be able to receive a fair trial by a jury of his peers.
Source: KHOU, "Former Willis ISD teacher accused of sexual contact with students," Feb. 23, 2012
]]>In the early hours of a recent evening, Houston police officers pulled over a motorist who was apparently weaving between the road's shoulder and center lane. Upon suspecting intoxication, the cops pulled the woman over and had probable cause to administer a field sobriety test. The woman failed the test and was taken into custody. While she was driving, her grandson happened to be in the car with her, so she will face additional charges.
]]> Police officers brought her to the county jail and she was cited for three offenses: DWI, failure to drive on the correct side of the road and second-degree child endangerment. All three charges could carry hefty legal repercussions if she is convicted.Texas penalties for DWI offenses are tough and only getting tougher. Depending on the severity of the offense, a person convicted of drink driving could face jail time or lose your license. Being unable to drive, due to a suspended or revoked license, could mean that a person loses their job. During tough economic times, no one wants to lose their job.
The best thing to do if you are accused of drunk driving is contact an experienced criminal defense attorney. Because the penalties are so serious for DWU charges, you will want to ensure that your rights are protected should you face a criminal trial. A reputable legal advocate will make sure you're treated fairly every step of the way, including sentencing.
Source: Houston Herald, "Houston police: Drunken grandma cited," Feb. 21, 2012
]]>A Houston beauty salon recently discovered that $40,000 worth of hair weaves was stolen from their stock. Over the last couple years, prices of high-quality weaves have risen to nearly $250 per package, so black market hair sales are increasing in kind. The problem of hair weave theft is not limited to Houston, but has spread through the country. This explains why individuals might be driven to steal human hair.
]]> Cops arrested a 30-year-old Houston man after he was caught on surveillance cameras. He was charged and released on bail. Since they made the arrest, they have identified the man as a suspect in another weave heist.Though this may seem like a curious story, there might be a lot more going on behind the story. During difficult economic times, when the job market is particularly sluggish, people resort to desperate acts, such as theft of hair weaves, in order to make ends meet. Frequently, criminal law cases are much more complex than the facts of the case alone suggest.
Everyone accused of a crime is entitled to an aggressive defense, which is important because even the most minor theft charges can carry serious consequences. An active defense is the best way to ensure you are treated fairly by the court system in the event you are put on trial for committing a crime.
Source: Houston Chronicle, "Weave thieves on the rise: Hair on fire in black market," Safiya Ravat, Feb. 14, 2012
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