austindefender

Criminal defense in Austin Texas.

Nigerian Check Scams

| October 31, 2008

I finally got a case dismissed the other day that involved an unfortunate victim of a Nigerian check scam. When I initially told the judge what was going on, he said something to the effect of, “People still fall for that?” I’m sure he was thinking of the “Hi, I’m a rich Nigerian who needs […]

Who ya gonna vote for?

| October 16, 2008

From last night’s debate…

Silly Laws

| October 16, 2008

There was a discussion on a list serve for Austin bar that got me curious about the exact language of the Texas Health and Safety Code, Section 483.041, “Possession of a Dangerous Drug.” The argument was over whether carrying a prescription drug, without the prescription, (or at least without the original bottle), was a crime […]

Dog Attack

| October 15, 2008

So this morning I was driving into work and I caught part of a morning show on KLBJ with “Sergeant Sam” and a couple of other guys, whose names I never remember.  They were talking about a case out of Graham, Texas, in which Crystal Watson and Jack Smith were sentenced to 7 years in […]

Deferred Adjudication

| October 11, 2008

Deferred adjudication has got a bad reputation in Texas – perhaps for good reason.  People plea bargain for deferred adjudication because they believe it won’t go on their record. Unfortunately, nothing could be further from the truth.  The criminal justice system makes a record every time a person gets arrested, and will go making records […]

Assault Family Violence

| October 11, 2008

Assault Family Violence is a crime that’s gotten a lot of attention from the media.  And, unfortunately, the law enforcement and legislative response hasn’t always been what it should be.  Often, the incident that sparks an arrest is not what most people would consider  an “assault”, but is an argument that leads to pushing or […]

Will It Go On My Record?

| October 10, 2008

It’s a common question, but not one that’s necessarily easy to answer. The problem is there’s no one central database – no one record where things either go, or don’t go. Instead, there are any number of government agencies that make records relating to criminal cases. They include police departments, county and district clerks, booking […]