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

The following article was found in the Houston Chronicle today:

KALAMAZOO, Mich. — Western Michigan University student William K. Bradley has been sentenced for larceny in a building.

He stole a computer.

From the Kalamazoo County jail.

Where he already was serving a sentence in a different case.

Kalamazoo County Circuit Judge Gary Giguere Jr. sentenced Bradley on Monday, telling the Kalamazoo resident his jailhouse theft was “the dumbest crime I’ve heard today” and “may be in the top half-dozen in my career.”

Bradley, who has racked up six felonies and four misdemeanors by the age of 25, agreed with the judge, saying, “I’m not the best criminal.”

Bradley asked for home arrest, but Giguere instead ordered him back to jail for six months.

Western spokeswoman Cheryl Roland tells the Kalamazoo Gazette Bradley is a sophomore at the university.

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1. If you are arrested for Driving while Intoxicated, your Texas driver’s license will probably be suspended.

2. You have only 15 days from the date your Texas driver’s license is suspended to request an Administrative License Revocation (”ALR”) hearing.

3. The ALR Hearing allows you or your attorney to contest  the suspension of your driver’s license.

4. A Houston Criminal Defense Attorney who specializes in DWI cases can request the ALR hearing for you and also handle your Driving while Intoxicated case at the Harris County Courthouse.

5.  Even if your license remains suspended after the ALR hearing, you may still be eligible to request and receive an Occupational Driver’s License, which would allow you to drive to places like work and church, but with certain restrictions.

If you have been arrested for Driving while Intoxicated and need a defense attorney who is experienced in these types of cases, call the Scheiner Law Group, P.C.

admin Uncategorized Administrative License Revocation hearing, ALR hearing, Driving while Intoxicated, DWI, Harris County Courthouse, Houston Criminal Defense attorney, occupational driver's license, Scheiner Law Group, Texas driver's license

1. Si usted es arrestado por un delito, tiene que resolver el caso criminal antes del caso migratorio.
2. Usualmente, si no tiene papeles,  no podrá salir bajo fianza, porque inmigración probablemente le pondrá un “hold.”
3. Necesita buscar un buen abogado bilingüe que se especialice en defensa criminal para representarlo en su caso criminal.
4. Probablemente después de que se resuelva su caso criminal, lo trasladarán a la corte de inmigración.
5. Tener un record criminal no le ayudará a obtener su residencia o ciudadanía.  Por lo tanto, si necesita un abogado defensor penal, contacte a Scheiner Law Group, P.C.

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Rick Perry refuses to help wrongfully accused Texans.  That alone should be troubling enough, but what is even more bothersome  is the hugely misguided logic Perry used to carry out the injustice.

The Texas Legislature attempted to remedy an incorrect decision made by the Texas Supreme Court in the case of Beam v. State.  The Defendant in Beam was charged with a misdemeanor offense punishable by county jail time.  Obviously the case had very little merit, because Beam took a deferred adjudication on a Class C disorderly Conduct, which resulted in a dismissal.  This means the State could not prove what it had charged Beam.  Beam filed for an expunction.  The Supreme Court held that Beam had to wait until the Statue of Limitations expired (2 years) before Beam could clear her record.  

Although expunctions deal with criminal subject matter, expunctions are filed in civil district court.  This means the Supreme Court of Texas, a civil law court, heard the case instead of the Court of Criminal Appeals, the Supreme Court’s Criminal counterpart.  The Supreme Court goofed because jeopardy had attached.  The DA could not refile the case because it was barred by double jeopardy.

I applaud the Texas Legislature for noticing the injustice and trying to do the right thing.  HB 3481 was passed by the Texas House after it was amended by the Senate by a vote of 137-0.  Perry, we have all learned that you struggle with simple concepts like riding a bike, but that means that EVERYONE thought it was the right thing to do.

HB 3481 would give Texans the right to  expunction of criminal records, including law enforcement case files, 180 days after an arrest if no formal misdemeanor or felony charges have been filed and/or if the charges were dismissed.

Perry vetoed the bill on June 19, 2009.  Perry displayed how completely ignorant and confused he and whatever staff person who authored the veto are, by stating ridiculous logic to justify his injustice. 

Perry states, “Expunction statutes should not be used as a means of discovery or as a means to force a prosecutor to rush to file formal charges prematurely. Allowing a person to know the identities of witnesses or the nature of their evidence.” 

NOTICE TO GOVERNOR PERRY:  Criminal lawyers in the State of Texas already have a means of discovery after arrest.  These discovery means are found in the United States and Texas Constitutions and in the Texas Code of Criminal Procedure.  I am not naive enough to believe Perry would ever read or have the ability to understand such literature, but I will break it down for him.

When an American/Texan is arrested, the Prosecutor does have an obligation to file charges quickly,  Right to a Speedy Trial.  Perry’s logic is so out of bounds because we are talking about a person who is already arrested.   Perry is worried the Expunction process will force Prosecutors to file charges prematurely.  Prosecutors, Police, or other Government Agencies should not arrest citizens if they are not ready to file charges.

Allowing an arrested person to know the identities of the witnessess and nature of the evidence is something Rick Perry is not comfortable with.  That means he is not comfortable with the 6th Amdendment.  How Un-American is that?  As a criminal lawyer, I have no idea how to confront and cross-examine witnesses without knowing who they are.  The arrested person’s right to know the  ”nature of the evidence” is found in Art. 39.14 of the Texas Code of Criminal Procedure.  Thank heavens Perry was not around to screw that Statute up.

Here is the real tragedy of Perry’s folly:  This veto prevents the wrongfully accused and prosecuted Texans whose cases are DISMISSED because there is not sufficient evidence to immediately clear their records.  Let’s face it, potential employers and apartment c0mplexes who issue a lease are just as concerned about an arrest as they are about a conviction.  So Perry’s actions will punish wrongfully accused Texans from obtaining gainful employment and providing for their families.

Perry, next time the ENTIRE legislature, bipartisanly and unanimously puts legislation in front of you, don’t veto it because you hate America, your vicodin has you really trippin’ out, or because you are angry everyone is talking about something you just don’t understand.  Instead, just take a bike ride, close your eyes, pedal hard, pedal fast, and PLEASE do not wear a helmet on top of your perfect hair.

admin Uncategorized criminal lawyer, Expunction, Rick Perry, Texas, Veto

The Houston Chronicle reports that Ryan Leaf was arrested on a burglary charge and eight drug-related charges.  You may remember Ryan Leaf as a top NFL draft pick.  Unfortunately, Leaf’s career never met his expectations.

The Chronicle does not specify the nature of the drug-related charges, but I assume there is more going on here than simple possession.  Hydrocodone, commonly referred to as Vicodin, was the only drug specifically mentioned in the article.  As a Houston Criminal Lawyer, drug-related charges can include drug possession, obtaining a prescription by fraud,  and possession of paraphernalia.

If you or anyone you know has similiar criminal charges, you should call the Scheiner Law Group.

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Years after many have been wrongly convicted of various crimes, DNA samples are being retested.  As seen in the Houston Chronicle, the Houston Police Department Crime Lab’s test results have been proven inaccurate one too many times. 

For instance, George Rodriguez was wrongly convicted and sentenced to 17 years in jail for a sexual assault crime he did not commit.  According to the Houston Chronicle, “a crime lab employee falsely testified during Rodriguez’s criminal trial that genetic evidence linked him to the attack.”

Houston criminal defense attorneys are here to help you if you have been a victim of a faulty DNA, blood or breath test result.

admin Uncategorized DNA, Houston Chronicle, Houston criminal defense attorneys, Houston Police Department, HPD Crime Lab

Muchas veces los casos criminales y los de inmigración van de la mano.  Por ejemplo, si usted es arrestado por un delito y no tiene estatus legal en este país, la corte de inmigración podría abrir un caso en su contra por estar aquí sin papeles.

Si esto le llegara a suceder, usted tendría que completar su caso criminal primero, antes que su caso migratorio.

Aunque muchos abogados de defensa criminal no llevan casos migratorios, tratamos de resolver los asuntos criminales a su favor, para que cuando usted tenga que pedir su residencia o tal vez una extensión de su TPS, pueda lograrlo sin problemas.

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Houston Criminal Defense Attorney Matt Skillern went to trial on a Driving While Intoxicated case in Montgomery County, Texas – County Court at Law Number 4.  The Defendant admitted to drinking 7 beers over a period of 4 hours.  It is not illegal to drink and drive, despite what area billboards say: “Drink, Drive, Go To Jail.” 

The jury trial lasted two days.  The jury deliberated for approximately 2 hours before returning a Not Guilty Verdict.  When a criminal defense attorney obtains an acquittal for a person, the acquittal completely clears the person and makes the person eligible for an expunction .  The expunction process can wipe a person’s record clean of any information regarding the arrest.  Also, the acquittal retroactively sets aside any driver license suspension from the Administrative License Revocation (ALR) hearing.

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It’s late at night and you’re trying to get home. Maybe you were at a friend’s house or went to a bar here in Houston, but now you’re just trying to get home. On your route home, you realize that a police officer with the Harris County Sheriff’s Office is driving behind you and that his lights are on. You’re getting pulled over.

Now, maybe you’re sitting in your car, trying to figure out what you did wrong. Maybe you were going too fast… Maybe you failed to signal when you changed lanes… or Maybe your license plate light is not working and you had no idea. But you never think that you might spend that night in the Harris County Jail.

When the officer makes his way to your door, you roll down the window, and begin answering all his questions. “Where are you going? Do you know you were speeding? Where are you coming from? Were you drinking alcohol at that party?”

With this last question, you know it’s not going to be a good night. You might be asked to step out of your car and perform “standardized field sobriety tests.” You might have only had a couple of beers or maybe a margarita, and so you decide that taking a jab at these tests will be a snap. However, these tests are not really meant to be passed, even by those who are less than the 0.08 limit.

Some of the tests you may be asked to do may include walking a line; holding your leg up in front of you while you count out loud, or following a pen with your eyes.

Although these tests are supposed to be fair, they are not. For instance, an overweight person might find it difficult to hold their leg up in the air for an extended period of time. Someone who suffers from balancing issues may stumble while they walk the imaginary line.

Most people can be negatively affected by these random tests, because normally, these tests are being done outside, by the road. Cars may be wheezing by distracting you. The wind may be blowing too hard. You might be tired because it’s 2am. You’re probably nervous, scared or both, and even if you try really hard you just don’t know if you’re doing the tests right. You’re not allowed to practice or call someone for help.

But you are allowed to decide not to take those tests. If you don’t feel that you will do well on those tests, then you have the right not to do them. Unfortunately, despite what you decide, the likelihood that you will be arrested is very high.

Your best bet is after all is said and done, you find yourself a competent criminal defense attorney in Houston.

admin Uncategorized criminal defense attorney, Harris County Jail, Harris County Sheriff's Department