Recent Blog Posts in March 2009

Billy Puckett, the groom that was arrested on his wedding day for DWI in Houston, plead guilty on Friday, on his first court date.  Mr. Puckett received the standard probation for a first time offender, a one year probation, a small fine, and community service.  Curiously, he was also ordered to have an ignition interlock installed in his vehicle.

While it is uncommon for a person on bond to enter a guilty plea on their first court appearance it is still up to the client to make that decision. Due to Mr. Puckett's decision in this case his lawyer was unable to fully investigate the case.  As you may imagine this takes more than one court setting in order to properly defend a DWI case.  Perhaps, Mr. Puckett and the attorney he hired, Joseph Gutheinz, a family friend, just wanted to put this sad affair behind them.

I found it curious that from news accounts it seemed that Mr. Puckett's attorney was a potential witness in the case.  If so, I hope that Mr. Gutheinz looked over Texas' Disciplinary Rules of Professional Conduct 3.08 where it clearly states a lawyer should not have accepted representation if the lawyer may be a witness in the case.  At the very least this has to be disclosed to the client from the outset.  Here's hoping Mr. Puckett successfully completes his probation.

During law school I was hired by several law firms to serve as an interpreter.  Those experiences ranged from going over legal documents to complex multiple plaintiff litigation.  It emphasized the obvious  need that if the attorney could not communicate with their client they quickly found someone that could.  That seems like common sense, but I am always amazed when I hear non Spanish speaking attorneys trying to communicate with their clients without an interpreter at the Harris County Justice Center.  I even know of one attorney that carries with him one of those travel translation devices to communicate with his clients.

I realize that it is up to the client who they hire, but an attorney has a duty to make sure that their client understands everything that is being discussed.  At the very least, the criminal defense attorney should have someone with them to interpret all the legal documents to their clients.  That non Spanish speaking attorney should not ask me in court to interpret their plea papers because I flatly refuse such requests.  There are several reasons I will not interpret for a colleague.  The most important is how do I know that the lawyer has fully discussed all the legal options available to their client and the client understood  them.  My suggestion will always be to reset the case and bring an interpreter.

Luckily, all felony courts in Houston, Harris County, Texas require an interpreter before a plea agreement is accepted by the court.  Perhaps, this is something that the misdemeanor courts in Houston, Harris County, Texas should start doing as well.

Many of our clients are first time offenders and have typically never been in trouble with law enforcement prior to contacting us for help.  When they arrive at our office the first thing they they normally tell us is how badly they were treated by the police.  They also can not understand why the officer did not take into account their otherwise pristine criminal record.  I often tell them about the different cases that we have defended where we have been amazed at the fact that an arrest had in fact taken place.

A perfect example of the police not making an exception for anyone is the recent  DWI arrest of a groom on his wedding day.  His case landed in Harris County Criminal Court Law #7 where Pam Derbyshire presides. 

Luckily, every person that is charged with a DWI is presumed to be innocent and there are an infinite amount of ways a case may be defended. 

A common practice in Harris County, Texas criminal courts is for the judge to admonish someone that is accused of a crime before setting a case for trial.  I am not a fan of this tactic.  Typically, the scenario is like this:  The judge asks the prosecutor "What is Mr. X charged with....  Then the judge turns to Mr. X and says "well Mr. X I can not believe that the State is even offering you that.  Let me tell you that I will not accept any type of plea agreement once we set this case for trial in my court.  In fact, the maximum sentence for this charge is ____."  In this common scenario the judge is assuming that the person is guilty.  They are forgetting that the person before them is PRESUMED TO BE INNOCENT.  Also,  the judge's role is to be neutral.  I always give the example that the judge should act like a referee making sure that everyone is playing by the rules of the court.

In my practice, all of my clients are well informed and know the range of punishment.  I advise them of all their options.  While no lawyer can guarantee the outcome of the case I am there to protect my client and give them my opinion regarding all the possible scenarios.  A person is scared enough during the criminal process that they do not need a judge scolding them for asserting their constitutional right to a trial.

If you find yourself in the position that a judge is making you feel like you should take the deal being offered trust your attorney's advice.  If you do not trust your attorney's advice find another one quickly because you should value your attorney's advice above anyone else in that courtroom.

I applaud M.A.D.D. for all they have accomplished in raising the awareness of driving while intoxicated, however M.A.D.D like other organizations tend to go overboard at times.  They seem to lack any sympathy for the first time offender of DWI. 

I have never met a person who intends to commit the crime of DWI, unlike a person who commits a theft, or an assault.  Accordingly, the law in Texas does not make "intent" an element of the crime.  I routinely tell my clients that anyone may be arrested for DWI and this does not mean that they are bad person or even that they are guilty of the crime.    A perfect example of this is Charles Beebe, a Cincinnati Police Officer, and a Top Cop M.A.D.D. award winner, who was arrested for DWI.  I am sure Officer Bebee is glad that he is presumed innocent just like everyone he ever arrested.  His case is still pending trial.