austindefender

Criminal defense in Austin Texas.

The Problem with Expunctions

| December 30, 2008

One of the things I dread after getting a felony case dismissed, is explaining why the case can’t be expunged.  At least not right away. The statute that governs expunctions in Texas is 55.01 of the Code of Criminal Procedure.  It’s not exactly a model of clarity: Art. 55.01. RIGHT TO EXPUNCTION.  (a) A person […]

Texas Statute of Limitations

| December 30, 2008

Art. 12, Texas Code of Criminal Procedure: Murder, aggravated sexual assault: None Sexual assault/ indecency with a child: None Leaving the scene of an accident resulting in death: None 10 Years: Theft of estate by a guardian/trustee Theft by a public servant Forgery First degree injury to a child/disabled/elderly person Non-aggravated sexual assault/ no DNA […]

Bitchin’ about WordPress

| December 24, 2008

Ok, so I’ve been very lazy, and I haven’t made any categories. So log on today, intending to make at least two categories (law & economics)… and assign all my posts to one or the other. Only, there doesn’t seem to be any way to do that. So I pull up my trusted friend “Google” […]

Where did all the money go?

| December 24, 2008

When banks “lose” money, where does it go? Does it disappear? Or does it just change hands? I’ve heard this question before, but I’ve never heard a good answer. Here’s my go at it. To figure out where the money goes, you have to consider bank accounting. A bank’s balance sheet is a list of […]

Your Money’s Not Here!

| December 21, 2008

Your money’s in Joe’s house! It’s a Wonderful Life is a hugely underappreciated film.  It’s one of my favorites.  (Thanks to Richard Green for reminding me.) As a bonus, George Bailey explains bank runs, and what the bank really does with your money. I always think of this scene, when people talk about the banking […]

Torture

| December 20, 2008

Alberto Mora, the former Navy general counsel who protested the abuses, told the Senate committee that “there are serving U.S. flag-rank officers who maintain that the first and second identifiable causes of U.S. combat deaths in Iraq — as judged by their effectiveness in recruiting insurgent fighters into combat — are, respectively, the symbols of […]

Shameless

| December 20, 2008

Robert Waldman has an article on Angry Bear on the credit rating agencies – The Tragedy of the Ratings. The synopsis is that S&P sold out because they weren’t paid enough. What went wrong with the ratings agencies ? I think the central problem is that the ratings agencies long provided a service of immense […]

Saying “no” to the Intoxilyzer

| December 19, 2008

A couple of the most common questions folks ask defense attorneys are, “Should I take the breath test?” and “What should I say if I’m going to refuse?” I heard about the best response to the second question the other day. (Paraphrased.) Officer: “I am now requesting a specimen of breath and/or blood.” Driver: “What […]

Still Smokin’

| December 12, 2008

After Obama famously ducked the “Are you still smoking” question, lots of folks inferred he was, at least some of the time. Ron Rosenbaum argues that’s not necessarily a bad thing. “Do you want to die because President Obama is dying for a smoke?” Rosenbaum writes.  “Even secondhand smoke is deadly, we’re told. But how […]

Campbell’s soup now safer than US bonds

| December 11, 2008

At least according to this article. The bonds issued by the US government are now more expensive to insure than the bonds of the people who make Campbell Soup. Dec. 10 (Bloomberg) — The cost to hedge against losses on U.S. Treasuries surpassed the price of default protection on bonds from Campbell Soup Co. and […]