Houston Criminal Lawyer and DWI Blog – Scheiner Law Group, P.C.

DNA tests freed Jerry Lee Evans after serving 23 years of a life sentence on a Sexual Assault.  Another case of faulty eye-witness testimony.  The media never does a good job of locating the witness who was mistaken.  I would love to hear her thoughts and I would want to hear how she thought she pointed out the wrong person.

Needless to say, the situation is disgusting and unforgivable.  Jerry Lee Evans was in prison from age 24 to 47.   Think of all of the life events Mr. Evans has missed out on. 

 I applaud Dallas County for saving this evidence for so many years.  Criminal Defense lawyers are well aware of the problems with eye witness testimony.  Studies have shown that people who are exonerated by DNA, 90 percent of them were victims of eye witness testimony.  Eye witness testimony is very convincing to a jury, but clearly it should not be.

admin Uncategorized criminal lawyer, DNA, Jerry Lee Evans, Sexual Assault

The Houston Chronicle reports that over 50 people have been arrested suspected of dealing in steroids.  The article does not explain if all 50 people are related or are considered to be in the same ring.  It appears the Sherriff’s Office conducted the investigation.  That certainly is a surprise.  An investigation on this scale is usually conducted by the DEA,  FBI, or other Federal Agency.  More likely than not, there are several anonymous informants, undercover drug buys, surveillance through people’s curbside garbage, and wiretaps.  My prediction is these cases will be a mess when they come to court.  Experienced criminal defense lawyers will likely have a field day with this investigation.  There are good people in the Sheriff’s Office, but this type of work is not what they are known for.

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Our criminal defense law firm won an acquittal today in a Prostitution case. The jury was out 25 minutes before returning with a verdict of not guilty. Our client was a former employee of the Green Haven Spa in Houston. She was accused of offering sex to an undercover police officer in exchange for a fee.

In Texas, Prostitution is usually a Class “B” misdemeanor, punishable by a fine of up to $2,000.00, up to six (6) months in the county jail, or both a fine and jail time. Promotion of Prostitution is a Class “A” misdemeanor and Aggravated Promotion of Prostitution is a third degree. Compelling Prostitution – which is essentially compelling a person by force or threat of force to commit prostitution, or causing by any means a person younger than 17 to commit prostitution – is a second degree felony, punishable by two to 20 years in prison, plus a fine of up to $10,000.00.

In my experience these cases are very defensible. This is true whether the accused is a woman who allegedly works in an escort service, a massage parlor or as a “street walker.” Prostitution cases are also very defensible if the accused is a man who allegedly propositions an undercover female officer for sex in exchange for a fee. Many of these cases involve undercover audio tapes or surveillance video tapes. The tapes are usually of poor quality and can be challenged in court. When the police intentionally choose not to make an audio tape or video tape of the alleged transactions, jurors are often skeptical about whether the prosecution can prove its case.

Given that many prospective jurors express their opinion that prostitution should be made legal, some argue that the time has come for Texas and other states to begin considering the legalization of prostitution. So far, Nevada and Rhode Island are the only two states that have some type of legalized prostitution.

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I get this question all the time. Everyone including, close family members, a waiter I bounce a fact pattern off of, people I go to church with, close friends who I deem to be intelligent, moral, and ethical, and EVEN LAWYERS ask me this same question.

So, is it a stupid question? Texas Monthly has the answer. YES!

I was at my In-Law’s house over the Thanksgiving holiday. After the last bit of desert was gone, I had a few minutes to kill before the Cowboys game came on and there it was. The Answer.

I picked up the November issue of Texas Monthly and began reading The Exonerated. The article details the nightmare lived by 37 men. From the case, to the incarceration, and life after being exonerated. One exonerated person tells how he missed his children growing up, lost his wife, and his father died before his innocence was brought to light. There is a Play that tells this type of story that I wish would come to Houston.

These are the men that keep every freedom-loving criminal defense attorney awake at night. These are the men of To Kill a Mocking Bird, but were not represented by Atticus Finch. Everyone knows the saying, “it is better to let 99 guilty persons go than to lock up 1 innocent person.” These men are that 1 person. Each one of them.

The Article answers how this can happen in America:

“The short answer is simple: People make mistakes. Most of these cases share a common story line: A woman, usually a traumatized rape victim, wrongly identifies her attacker. Sometimes her testimony is backed by rudimentary serology tests. Sometimes the cases are pushed too hard by aggressive police officers or prosecutors. Sometimes the accused already has a criminal record and becomes a suspect in an unsolved case in which he resembles (or is the same race as) the perpetrator. Almost every man here had a solid alibi, but cops, prosecutors, and juries chose not to believe it.”

These 37 men were lucky enough that evidence was preserved in their cases. Are there others locked up unjustly? Do I even have to answer that? For you skeptics who just want blood when a horrible crime has occurred, think of it this way. In these 37 cases, the real culprit was not apprehended at the time. An innocent man was locked away why the RAPIST was lurking in your neighborhood.

I want to hear from the other people involved in these cases. The prosecutors, the judges, the defense lawyers, and especially the juries.

This article ought to be mandatory reading for every judge, lawyer, and prospective juror. Great work Texas Monthly!!

admin Uncategorized DNA, Exonerated, Lawyers, Sex Assault, Texas Monthly

The terms DWI (Driving While Intoxicated) and DUI (Driving Under the Influence) are usually used interchangeably in every day conversation. In Texas, the legal meaning of the terms DWI and DUI are very different. A criminal defense attorney in Houston is the best person to call if you have questions about the legal meanings of DWI or DUI. DUI is often used to describe any person who has been arrested for drinking and driving. But in Texas, DUI is when a person under the age of 21 drives a car with any detectable alcohol on his breath. A person may be completely sober and show zero signs of intoxication and still be arrested for DUI. A DUI is a Class C misdemeanor and is punishable by a fine of up to $500, but there are possible driver’s license suspension problems.

DWI is more serious than DUI in Houston Texas. A citizen of any age can be arrested for Driving While Intoxicated. The first conviction for DWI is punishable by a fine of up to $2,000 and up to 180 days in jail. On top of that range of punishment, a person arrested for DWI is also facing driver’s license suspensions, surcharges, and an increase in insurance premiums. Unlike DUI, a DWI requires proof that a person has lost “the normal use of his mental or physical faculties.”

admin Uncategorized DUI, DWI, Houston, Lawyer

In Texas, possession of marihuana can be a misdemeanor or a felony, depending on the amount possessed. Less than 2 ounces of marihuana is a class B misdemeanor. Less than 4 ounces of marihuana is a class A misdemeanor. 4 ounces to 5lbs of marihuana is a state jail felony. 5lbs to 50lbs of marihuana is a third degree felony. 50lbs to 2000lbs of marihuana is a second degree felony. Over 2000lbs of marihuana is a first degree felony.

In some Texas counties, people caught with less than 4 ounces of marihuana receive citations. ABC 13 reports that Harris County refuses to issue citations and instead prefers to arrest persons with small amounts of marihuana. The article estimates that each arrest costs the county approximately $2,000. Last year alone, nearly 10,000 people were arrested for marihuana possession in Harris County. Get your calculator and do the math on that one!

To Arrest or Ticket. The question really is where does the county wish to allocate its financial resources and jail bed space. It is well-documented that Harris County inmates are being shipped to Louisiana because of overcrowding.

Most persons arrested for such a small amount of marijuana have bonds as low as $500, which would only cost about $75 to bond out. As a local criminal lawyer, my experience is that the final disposition of a marijuana case is typically probation consisting of community service and random urinalysis.

Therefore, although statutorily possible, incarceration is never really an issue for misdemeanor drug cases. Similiar to traffic tickets, there is no reason to arrest people who are not facing jail time. Police officers only “arrest on traffic” as a pretext to conduct an otherwise illegal search, but that is a whole different issue.

What would be different if the night in jail was replaced with a written citation? Would less people appear for their court dates? Maybe, but then you would just put a warrant out for their arrest and add an additional charge for failure to appear.

Travis County is already writing citations and Dallas County will begin the practice soon. These counties are not saying that marijuana is not a problem. They are just choosing to approach the issue with a different approach.

Taxpayers and friends of logic and reason, what do you all think?

admin Uncategorized criminal lawyer, possession

In Houston, a Federal Judge was sentenced to 33 months in prison, followed by 3 years of supervised release.  The Houston Chronicle reports that former Judge Samuel Kent will report to the Federal Bureau of Prisons next month.  Kent lied to a judicial committee who was investigating an alleged sexual misconduct allegation against Kent.

Judge Samuel Kent

Judge Kent’s reputation was well known in the Houston criminal defense community and in the Southern District of Texas. At least in terms of his temperament, Judge Kent’s reputation was not a good one.  Federal criminal defense in Houston takes a an experienced lawyer and a tremendous amount of effort.  It is complicated as it is, without having to be more difficult.  Judge Kent’s demeanor and courtroom antics were the exception and not the rule.  I have found that Houston criminal defense work is typically much more civilized than state criminal work. 

This incident should be a reminder to all of us, be it Houston criminal defense attorneys, prosecutors and judges.  We are all human and we all make mistakes.  It is amazing the “holier than thou attitudes” I see every day at the Houston courts.  I have seen judges, prosecutors, probation officers, and criminal defense lawyers in Houston, all be on the wrong side of the Bar.  Yet, it never seems to change the way we see the citizen accused or even worse, the guilty.

The Chronicle goes on to discuss whether Judge Kent will receive his $174,000 salary.  Unless he is impeached, then he is entitled to keep it.  You better believe the members of Congress will be salivating to impeach the Judge for nothing more than to get their names in the paper.  I am not saying that I think he should receive his retirement, seeing as how he abused his position in more ways than one.  Yet, it is just another example of the people judging another without taking into account of their own humanness.

admin Uncategorized Harris County Judges Criminal Courts, Houston criminal defense, Houston federal criminal defense, Judge Samuel Kent, Matthew Skillern

No es difícil encontrar un abogado que hable un poco de español en Houston, Texas.  Tampoco es difícil encontrar a un abogado que tenga experiencia en casos de defensa criminal.  Pero si es difícil encontrar un abogado bilingüe especializado en defensa criminal que realmente pone los intereses de sus clientes primero.

Si usted no domina el inglés o tal vez simplemente no habla el idioma, es crucial que al buscar a un abogado bilingüe de defensa criminal intente encontrar a un abogado que pueda entenderle, que tome un interés verdadero en su caso, y que se empeñe en proteger sus derechos.

 Si usted busca un abogado de defensa criminal y quiere más información, haga click aquí.

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You or someone you know may be in this situation:

• You have had a case in the Harris County Criminal Courthouse, or any other Texas court for that matter;
• The judge has granted deferred adjudication; and
• You have successfully completed deferred adjudication.

What now?  Many assume that once deferred adjudication is completed,  the existence of that charge is automatically erased.  They assume that their record is now clean.  Unfortunately, that is not the case.

Even if you have completed deferred adjudication, the charge will still remain on your record, unless the Criminal Court grants a Petition for Non-Disclosure or an Expunction.

If a judge grants a Petition for Non-Disclosure, then the records relating to that particular charge will be sealed, but not completely destroyed.  Although law enforcement and certain governmental and licensing agencies may be able to access your record, private employers or the public will not be able to. 

If the deferred adjudication has been completed on a Class C misdemeanor, then you may be eligible to have your record expunged.  If the court grants an Expunction then any and all information relating to that particular charge will be completely destroyed and no one, not even law enforcement or the government, will have access to that information.

In order to find out whether you qualify for a Petition for Non-Disclosure or Expunction, it is best to contant an experienced criminal defense attorney in non-disclosures and expunctions.

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ABC 13 news reports that a 70 year old woman waited 7 hours for police to respond to her 911 call when her house was burglarized.  Mayor White states  that “we ought to be vigilant in trying to do better.”  The problem is not effort.  The problem is the misguided effort.  We all know that if you have a car accident it will be a good hour before anyone officer shows up.  If only, the police were as fast as tow truck drivers.  Back to the burglary,  Quoting ABC 13,

“I don’t want to say who dropped the ball. I will just say there are some items or processes identified in the dispatch function that we are working jointly with HPD on to improve,” said David Cutler of the HEC Center.

Why not David Cutler.  Why don’t you want to say who dropped the ball?

Every local police agency is wasting a huge amount of resources on prostitution cases.  Police officers play on the internet, call up women who advertise massages and schedule appointments.  The officers go to a location to meet a woman. The officer takes off his clothes and gets a massage.  At some point the officer starts requesting sexual acts for money.  If the woman says no, the officer fires off another request.  If the woman says yes, then she gets arrested.  By some accounts, it takes 4 or 5 officer to do one of these stings.  Furthermore, these cases are clogging up the courts because the officers do nothing to record the conversations or gather evidence.  The cases generally are based solely on the officer’s word.  That is a scary thought.

As a citizen, it is frustrating that my tax dollars are going to guys making a good living by getting massages and doing lack luster police work.  I am all for cleaning up all of the social ills of  happy endings.  We all know how teens are dropping out of school because they are strung out on happy endings and people are burglarizing houses so they can get their next happy ending fix.  Give me a break. 

As a Houston criminal defense attorney, this type of practice scares me.  Charging someone of a crime solely based on the recently rubbed-down officers word is a scary proposition.  It resembles the old KGB of the Soviet Union or other less than free places.

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