The following day I spoke with the student and she explained why she might have been distracted during her opening statement. Apparently the student just learned that she was one of a group of criminal defense lawyers in Lubbock, Texas, which a local television station erroneously reported on the internet had been charged with a misdemeanor crime. The television station — KCBD-TV in Lubbock — apparently confused the lawyers with the defendants they represented. KCBD apparently never bothered to check the local county records, which correctly listed the defendants and their charges, as well as the names of their attorneys.

KCBD removed the erroneous information from its website. Unfortunately, as the slandered Lubbock lawyers have quickly discovered, even deleted information can exist in perpetuity on the internet. A person who Googles the slandered lawyers’ names might mistakenly conclude that the lawyers were charged with various misdemeanor crimes.

Although a person accused of a crime is presumed innocent in a court of law, what about the court of public opinion? Where — to paraphrase former United States Labor Secretary Ray Donovan, who himself was acquitted of a crime — does a person go to get his reputation back, after he has been slandered on the internet? The answer in this case is not so easy. Arguably, the slandered lawyers have no adequate or available remedy. Here’s to hoping KCBD has access to some very good lawyers of its own. If the press sometimes wonder why people no longer believe everything in the press, the case of the slandered Lubbock lawyers is Exhibit “A.”

– Grant Scheiner

A 16 year-old girl who sends a nude picture of herself to her boyfriend’s cell phone can be charged with distribution of child pornography, while the boyfriend who receives the sext can be charged with possession of child pornography.  

According to the Texas Penal Code Section 43.26, a person commits the offense of possession of child pornography if “the person knowingly or intentionally possesses visual material that visually depicts a child younger than 18 years of age at the time the image of the child was made who is engaging in sexual conduct, and the person knows that the material depicts the child.”

If you need a criminal defense attorney that can handle cases such as these, contact Scheiner Law Group, P.C.

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.