JOHN T. FLOYD LAW FIRM
Texas Criminal
Lawyer
EXPERIENCED CRIMINAL
DEFENSE LAWYER
TRIALS, SENTENCINGS, AND APPEALS
FEDERAL AND STATE CRIMINAL DEFENSE
"Serious Criminal
Defense Throughout Texas"
Phone (713) 224-0101
E-mail jfloyd@JohnTFloyd.com
Texas Criminal Defense Lawyer
Seriously, Texas is the place...
Law and order in Texas is good, but you can be caught up in the system of justice where the punishment bears no resemblance to the crime. Texas is the number 1 place to have the death penalty. Each year many are executed here. Over one third of all U.S. executions occur in Texas each year.
Comments on Current Events In Criminal Law from the Federal Criminal Courts in Texas
January 29, 2012
CONDITIONS OF BAIL IN DWI CASES CAN BE HARSH
Politics and Profit Motive Lead to Unreasonable Conditions of Bond in First Time DWI Cases
By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair
The Texas Legislature in 1999 gave courts the general authority to impose “reasonable conditions” of pre-trial release. This authority was codified in Chapter 17 of the Texas Code of Criminal Procedure. Art. 17.40(a) and has been used by some courts to impose draconian “conditions” of bond in DWI cases on the dubious claim they are related “to the safety of the community.” Unfortunately, some courts, with pressure from tough on crime advocacy groups who often endorse judges during election cycles, have added such burdensome conditions of bond as to amount to punishment prior to a finding of guilt, disregarding the fundamental principle of “innocent until proven guilty.”
The Texas Court of Criminal Appeals, in Ex parte Anderer, held that a court’s condition of bail will be upheld if it meets three criteria: 1) it must be reasonable; 3) it must be made to secure the presence of the defendant at trial; and 3) it must be related to the safety of an alleged victim or the community. At least one Court of Appeals, the Twelfth District in Burson v. State, held that the condition relating to safety of either victim or community does not necessarily need to relate to the other two criteria.
This authority to order conditions of release has been used to impose severe conditions in DWI cases, some of which, but not all, are listed below:
No driving while on bond;
Home curfew and electronic monitoring under Art. 17:43;
Home confinement, electronic monitoring and drug testing under Art. 17.44;
Installation of an ignition interlock (deep lung) device in any vehicle driven by the defendant under Art. 17.441;
No consumption of alcohol while on bond;
Attend AA meetings while on bond;
An In-Home alcohol monitor that requires a specimen of breath 3 times a day;
Pre-trial services meetings;
Random urinalysis
Travel restrictions; and/or
Employment restrictions
Complying with these bond conditions may require weekly or bi-weekly urinalysis, compelled attendance at Alcoholic Anonymous meetings, substance abuse counseling sessions, drug and alcohol evaluations, and filing a “no driving” affidavit.
The only caveat given by the Court of Criminal Appeals in Anderer is that a bail condition “may not impinge unreasonably upon rights guaranteed by the Constitution.” And, like many things we take for granted, driving is a privilege…not a right. While the initial purpose of bail is to prevent punishment prior to conviction, as noted in Anderer, its overriding purpose is to secure a defendant’s presence in court as the appeals court pointed out in Ex parte Garcia. It is that chasm between the initial purpose and the overriding purpose of bail which permit courts to impose particularly harsh, and often unwarranted, conditions in DWI cases. Even first time DWI cases.
The "Texas war on drugs" is putting many in the ward of the state. Now more than one in twenty is in the prison population. In many cases a conviction and sentence can be attributed to the word of a trapped informant who is trying to get a deal for himself. What do you think the truthfulness is of this source? Also some law enforcement personnel are also inclined to be untruthful in their investigations to advance their careers. A reporter of a Houston newspaper studied court data on Texas’ war on drugs, finding that most of the 58,000 convictions won by local prosecutors in the past five years “involved less than a gram of a drug.” The result is that few major dealers get caught and Texas jails are filled with users who “often find waiting lists for counseling programs so long that they are released before they can get in.”
Harris County "get tough on crime" causes many new regulations and procedures that cost taxpayers more money and creates inequities and harsh conditions. Harris County Court rules are complicated.
Here are the local district attorneys words… “Being tough on crime means protecting citizens from predators and violent criminals and making sure there is space in the prisons for those that commit violent crimes and who the public need to be protected from. I do not consider it being tough on crime to send a mother to jail for welfare fraud who worked during the Christmas holidays to provide Christmas gifts for her children.”
The resources of the state are vast with the State criminal court system, the District Attorney’s, the crime lab, and law enforcement officers. Add to that court reporters, Bondsman, Investigators, and expert witnesses from the support industry. What about the reliability of some of those departments? Take the crime labs for one. The Supreme court allows the law enforcement people to lie to you to get there convictions. Just look at any entrapment involved in cases where the police solicit the offender to break the law.
The laws are very complex and voluminous and it would be smart to familiarize yourself with these. Definition of a felony… A felony, in many common law legal systems, is the term for a "very serious" crime; misdemeanors are considered to be less serious. Crimes which are commonly considered to be felonies include: aggravated assault, arson, burglary, murder, and rape. Those who are convicted of a felony are known as felons. Originally, felonies were crimes for which the punishment was either death or forfeiture of property.
Protect your rights, know your rights, and exercise your rights defined by the Texas state constitution, statutes, rules, and judicial decisions . When a law enforcement officer questions you, ask to speak to your lawyer. When they ask permission to search your vehicle or you, politely refuse and ask to speak to your lawyer.
Do you know what happens when you are arrested and then bonded out with a bail bond?
Some of the rules you are under…
Phone check in every two weeks.
Call in the day before court.
In-person check-in on court date.
Notify agency of change of address, phone or employment.
No travel outside county.
No contact with complaining witness
What are the results of a conviction?
Loss of freedom, and the inability to get good employment ever. Loss of your reputation and exclusion from serving on a jury, just to mention a few.
Who you choose to represent your case is the most important consideration for your well being. Make sure you choose an attorney who has successfully conducted trials and is knowledgeable in your classification of criminal law.
John T Floyd Law Firm is the answer for representation in a criminal defense strategy that will ensure you get fair treatment under the law.
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