Right to Refuse

I’m just going to go out on a limb here and tell you what I tell each and every client who gets pulled over under suspicion of driving while intoxicated: never agree to submit to any field sobriety tests.

Though you don’t necessarily want to go out and pretend to be a woodland creature (though, if spotted owl was the defense, I might attempt to argue that my client was protected from prosecution by the Endangered Species Act of 1973). Continue reading

Blackstone’s Formulation: Texas SB 1611 and SB 825

One of the areas of law which I practice is criminal defense, and invariably, someone will ask something to the effect of, “How can you defend guilty people,” or something along those lines.

In response, I tell people that, many years ago, I met one of the attorneys who represented Michael Irvin during his circus trial for possession, and he was asked by one of the people close by how he could “defend that criminal.” His response was polite, and made a great impression on me. He told the man that his job wasn’t to “spring” criminals, but that his “job was to make sure that the State does its job.”

Continue reading

The Best Blawgs Out There

In my personal life, I am a huge fan of taking time to relax with family and friends, especially if that includes a good conversation and some tender cut of smoked meat to ingest. I’d like to think I’d feel the same way even if I wasn’t raised in Texas.

And, as I have come to expect when I spend time with family/friends, I am invariably asked what strange/funny/just-plain-crazy legal stories I have heard or been involved in lately. I have come to suspect that some of the people close to me want to hear about someone doing something so ridiculous or unhinged just so that they don’t feel so ridiculous or unhinged about the things going on in their lives. I don’t blame them.  It’s all relative.

Continue reading