​HOW TO BE PREPARED:  Meeting with an attorney can be intimidating, but it doesn’t have to be.  A few simple steps can make the decision in finding the right criminal attorney easier and leave your feeling confident in your decision.

1. BRING ANY AND ALL PAPERWORK:

                        If you have made bond and are seeking an attorney to help you with your case, before you go to the consultation, be sure to gather and bring any and all documents you have been given either by the officers, jail staff, and bondsmen.  These documents will help your attorney begin to assess your case and your individual situation. They’ll give information about the exact charge and crucial upcoming court dates. 

1. ASK SPECIFICALLY ABOUT YOUR CHARGE:

                        You need to understand the criminal penalties you are facing and the attorney will be able to explain this to you.  However, you should also ask about collateral consequences.  For example, sometimes its not just jail time at stake.  Family violence cases restrict a person’s ability to own a firearm even though its usually not a felony offense.  POM results in the suspension of your license, even if you were not driving a car when you were arrested.  You need to know these things as it could impact your ability to work and travel for family commitments.   

1. BE SURE TO HAVE A DETAILED RECOLLECTION OF THE EVENTS LEADING TO YOUR ARREST.

                        You are often the first source of information for your attorney to begin evaluating and preparing a defense to your case.  While the attorney is the expert, you play a vital role in the gathering of information.  Before you go to a consultation you should take the time to write out a detailed summary of the events surrounding your arrest.  In addition, you should put together a list of potential witnesses including their contact information and people in the community who would be willing to give character statements on your behalf.  Sometimes, the case is more about limiting the consequences of an offense rather than guilt/innocence.  Having this information will aid your attorney in painting you in the best light possible when dealing with the State’s prosecutors. 
If you find yourself needing the advice of a trusted advocate feel free to give my office a call.  We strive to offer competent and aggressive representation to ensure the best result possible for your situation.  Call or visit us at www.councilfirm.com.  Protecting your independence when it matters most.  

            Uber and Lyft are well known ride booking services. You can simply download the service application to your smart phone and conveniently request a pick up for whatever your destination may be. You even can track your driver’s location and estimated arrival with the application on your phone. The pricing is fair, and the service is convenient. As with all companies, we expect a certain standard of safety and can easily be too relax in our precautions when dealing with strangers.  After all, these are well known companies right?  We assume the people contracted to drive for them should be trustworthy and law-abiding citizens.  If you are one of these people who feel this way about Ride Booking services then there are things you need to know about their reported incidents, screenings, and background checks systems.
                The screening and background checks are limited to, Name, address, Drivers License, Social security number, insurance information, and year, make and model of the vehicle being used. The application process is completed online with only pictures of the items requested for the screening and background check.  This screening process does not use finger prints or law enforcement to check the backgrounds of the drivers. Screening and background checks utilized by ride booking services do not catch criminals.
                In Houston, Texas a fingerprint check was processed on some of the drivers for Uber who passed  Uber’s mandatory screening and background check. The results were shocking. The Uber drivers were found to have 24 alias names, 5 listed birthdates, 10 listed social security numbers, and active warrants for arrest.  The results showed prior arrests and pending warrants for such offenses as:  indecent exposure, DWI, possession of controlled substance, prostitution, fraud, battery, assault, robbery, aggravated robbery, and others.  With this, is it safe to assume ride booking services safe?
                On October 22, 2017, in Fort Worth, Texas a 77-year-old woman who utilized the Uber transportation to go home from church was sexually assaulted by the driver, 40-year-old Hashem Ramezanpour who is believed to have left the country after the assault. Prior to this incident, in July 2017 a 22-year-old women of San Antonio who had left a bar highly intoxicated was raped by the Uber driver hired to transport the highly intoxicated women to her apartment. There are ways to prevent such incidents from happing.
                If you choose to use a ride booking service, you should take necessary precautions. First, when possible, do not ride alone. If you must ride by yourself, always let someone know where you are and where you are going. Second, check the drivers I.D. and ride in the backseat of the vehicle. Do not get too relaxed in thinking that the driver has been through an extensive background check and screening. Lastly, treat the driver as you would any stranger and trust your instincts when you feel like something doesn’t seem right.  Most important if you feel that you are in danger call 911.

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               Many law abiding citizens have a designated driver, Uber, or taxi ready to take them home after a night at the club or bar and grill when they know that they will be drinking. Others will stay at home to enjoy their alcoholic beverages. These people will not take any chances when it comes to drinking and driving. These people take the necessary steps required to prevent any type of unlawful or negligent acts. Unfortunately, some of these people are not aware that you can be committing a crime for the legal medications or substances that they ingest before getting behind the wheel.  They have no idea that they could be driving under influence by simply taking a medication that had been prescribed to them.
                Driving under the influence (DUI) is not limited to illegal drugs or Alcohol that cause impairment. Have you ever taken an allergy pill such as Benadryl or even heart or anxiety medication before getting in your car and driving? You could be on your way to a DUI. What we consider harmless medications or even legal drugs can cause impairment and affect response times while driving a vehicle. If you should have an accident while driving your vehicle after taking what you thought was a completely legal and harmless drug has now become a crime.  Always read the warning labels on any medications you take before you decided to get behind the wheel, so you don’t have to battle with criminal offense of DUI.
If you are unfortunate enough to find yourself in a situation where you have been accused of DUI and need legal representation contact my office today.
www.councilfirm.com

​                Today one of the first things we do in the morning is jump on our Social media avenues, such as Facebook, Twitter, Snapchat and so on. This is where we check the weather, daily news, and what our friends are doing. Some even enjoy trolling through other user’s pages as entertainment. Some people enjoy posting their everyday routines and others thrive on how many comments, likes, and views their social media posting has obtained. Some people determine what the content of their posting will be based on what will get the strongest reaction or even cause the most controversy. If you are one of the social media users who enjoy the strong reaction and controversy of your postings, you could get arrested.
            In the month of October there were at least two different social media postings, either for a reaction, controversy, or just views and likes, that ended up with an arrest. Two students at Kaufman High School were arrested for their use of social media. In Addition, a man from Oklahoma City was also arrested for alleged comments viewed by a trolling visitor to his page.
            The Students from Kaufman High School, one listed as a male student and the other as a Juvenile student, were arrested regarding the use of their social media outlet. Early in October 2017, the male student had allegedly was using a gun simulation application on his cell phone during class and making threats to kill students. The juvenile student allegedly had made a comment on his or her social media outlet, Snapchat, that read “Sorry for the school shooting that’s possibly happening tomorrow…)”. As cynical as the student’s actions were, it is to be determined what their actual intent was at that time. Subsequently, both students were arrested. The male student was arrested for terroristic threat, a third-degree felony and the juvenile student was arrested on charges for false alarm or report involving public school, a state jail felony. There is not any information on what the students’ actual intent was by using their social media outlets in this way.
            Another, arrest resulting from the use of a social media outlet was Roderick Lamar Robinson of Oklahoma City. Roderick was arrested on October 3, 2017 for allegedly posting on his social media outlet, Facebook. His alleged posting was threatening shootings in Oklahoma and San Antonio like the one that recently happened in Las Vegas. Like the two students, Roderick’s posting was brought to the authorities by a person viewing his Facebook page. Roderick was arrested on a terroristic hoax warrant.
            When you jump on your social media outlet in the morning, late at night, or throughout the day be it Facebook, Twitter, Snapchat, or any other outlet, you may want to be cautious of what you are posting. What you say in passing, or in jest may be deemed as an arrestable offense. Just like the cases of the two students from Kaufman High and Roderick Robinson of Oklahoma.  If you find yourself in need of representation following a social media misunderstanding, contact my office today.  www.councilfirm.com  

The short answer--NO. 

With the recent, tragic shootings perpetrated by sub-human individuals like those that took place Las Vegas and Orlando, there has been a great deal of discussion regarding the apparent availability of automatic weapons.  While it appears that the Vegas shooting was done using modified semi-automatic weapons, I am writing only to address the restrictions in place upon true fully automatic machine guns. 

Currently, the National Firearms Act (NFA) makes possession of fully automatic machine guns illegal under most circumstances.  The only "legally transferable" machine guns the general public may possess are those manufactured and registered prior to May 19, 1986.   A quick look at online sales websites such as gunbroker.com will show that these firearms are greatly expensive--often more than $15,000.  

Not only does the expense of these firearms make them largely unattainable by most individuals, in order to purchase one, you must pass a thorough background check with the Bureau of Alcohol Tobacco Firearms and Explosives (BATFE).  This process usually takes 9 months to a year.  Only after passing the background check, paying the $200 tax stamp fee, and getting the chief local law enforcement officer to sign off on the sale, may you then receive the firearm. 

Newly manufactured machine guns, which are much cheaper, can only be possessed by licensed gun dealers or manufacturers who have a Federal Firearms Class 3 license.  Even these people with and FFL can only have a limited number of "dealer samples."  That is because any machine gun manufactured after May 19, 1986 may only be sold to law enforcement or military---NO EXCEPTIONS.  

While fully automatic weapons still exist in the public, they are very limited in number.  Because of this limited number of transferable weapons, they are quite expensive, and most end up in the hands of collectors where they are kept under lock and key.  

Whether or not the government should ban devices that enable a semi-automatic rifle, such as an AR-15, to operate more akin to a machine gun, i.e. the "Bump Stock", is a debate for another post.  I merely wanted to help those who may be under the impression that you can walk into a local gun shop and purchase a fully automatic firearm understand that it just isn't so. 

  

The additional allegation that you have possessed, manufactured or delivered a controlled substance in a drug free zone "DFZ" can have a significant impact on your ability to ultimately receive probation or eventually make parole.  

Texas Code of Criminal Procedure Article 42A.054 (formerly known as 3g offenses) limits the ability to receive probation for such an offense.  Essentially, the Code prevents a court from accepting a straight probation plea.  A judge can only accept a plea for a deferred adjudication probation, which can have its own pitfalls and advantages for the accused.  Only a jury can grant probation for a DFZ offense following a trial  following a final conviction.  

Ordinarily, a person serving time will be eligible for parole once their time of incarceration plus the application of any good time equals one-quarter of their sentence.  However, the DFZ charge changes this calculation.  Texas Government Code Section 508.145 limits the parole eligibility until after the person's actual calendar time served, without consideration of good-time credit, equals one-half of the original sentence.  In other words, the individual must actually serve at least one half of their actual sentence.  

Fighting the addition of a DFZ enhancement to a drug offense can be critical in receiving an effective outcome to your case.  

If you are facing a drug charge and need to understand your rights, contact our office today.  
903.455.1991
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For many, understanding their last Will and Testament and what it is intended for is complicated.  In many cases, having a Will completes their need for simple estate planning.  A Will is a direction to a probate court as to how and to whom your estate should be divided upon your passing.  However, complications arise for some who need more than just a direction.  Their goals may need to be more directed at limiting the amount of assets that actually come into the probate estate.  There also may be tax benefits for setting up trusts for high net-worth individuals.  However, the need to limit the probate estate is especially high for the millions of Americans who may one day end up on Medicaid.  

The problem comes from a program called the "Medicaid Estate Recovery Program" or (MERP).  Under MERP, the Texas Health and Human Resources Commission or "HHSC" is directed to place a claim against a person's probate estate to reimburse the state for payments made toward that person's healthcare during his or her lifetime.  HHSC is a creditor under the MERP program and is entitled to collect from the "probate estate."  The key here, at least for now, is that HHSC can only place claims against property that is within the probate estate.  This creates great planning advantages for people needing to utilize Medicaid. 

Unfortunately, many think that because they have a Will, their biggest asset--the family home--will be protected and be left to their loved ones when they pass.  This could be true, assuming they do not go to a nursing home or otherwise need to use State Benefits during their lifetime.  The truth is; however, if your home is left to your loved ones by a Will, then it is in jeopardy of being taken by MERP.  The Will commands the home to be part of the probate estate--it's simply what it's designed to do.  

Luckily, there is another way to protect your home and ensure it passes to your loved ones outside of your Will.  The tool often used is called a "Ladybird" deed or Vesting-On-Death deed.  This is a special type of deed which reserves in the grantor an enhanced life estate.  The provisions are such that HHSC will continue to allow the homestead exemption for the Medicaid applicant, while also allowing the home to pass on outside the probate estate.  In other words, Medicaid cannot touch the house when the applicant passes.  

To learn more about this and other planning strategies, contact my office for your estate evaluation.  

On May 17, 2015 a tragic and inexcusable incident occurred outside a Twin-Peaks restaurant in Waco, Texas which left nine people dead.  This particular Twin-Peaks had a history of catering to the "biker" culture.  True to form a biker rally was planned for May 17.  Several biker clubs/gangs were set to convene on the Twin-Peaks location.  It's not clear exactly what sparked the violence, however, shots were fired by both bikers and police which ended in nine dead and at least 170 bikers in jail.  Each had their bond set a one million dollars (1,000,000.00) which brings me to the substance of this article. 

Bonds are intended to secure the presence of an accused person in future court proceedings.  They are meant to be set in an amount sufficient to both secure the defendant's presence in court (i.e. the defendant will appear so the bond money is not forfeited to the Court) and protect the public (i.e. the bond is not set so low that truly bad people can easily free themselves from custody and do more harm to the public).  In some instances, bonds can be denied all-together.  Generally, however, defendant's are entitled to a reasonable bond that is not oppressive or punitive.  Again, the idea is just to secure the defendant's future presence in Court.  

In this case, if the justification for the one million dollar bond is that these are all truly bad people, then the bonds should be denied in total.  However, handing out $1,000,000.00 bonds in a blanket fashion is an injustice to those who just happened to be present at the wrong time.  Applying a small amount of logic and common sense will lead to the conclusion that at least some of of the 170 people had no involvement with criminal activity whatsoever.  In other words, some of these people are INNOCENT.  Still, their bond has been set at one million dollars and they will remain in jail until they can either post the bond themselves, have a bondman post surety on their behalf, or have the bond lowered by the courts.  

Bondsmen generally charge 10% of the stated bond amount.  Meaning each defendant would have to pay a bondsman one $100,000.00 before securing their freedom.  This is money they will NOT get back even if their case is later dismissed or they are acquitted by a jury.  How many of us really have a spare hundred grand lying around for bond money?  How many even have a spare $1,000.00? 

The reality is that these people, some of whom are innocent, could sit in jail for months before the Courts work through their cases.  Each will likely lose their job, car, motorcycle, apartment or even their house while waiting for the process to complete.

Truthfully, we hold people in jail daily who likely shouldn't be there, but if they don't have the bond money, they will stay in jail.  Many who are indigent, are in the same boat.  Their 10,000.00 bond might as well be one million.  

This is just another example of how those with financial wealth have an advantage in the legal system.  At least as far as pre-conviction, if you have the money, you get your freedom.  If you don't, you're stuck.  

This is why you should not deal with the state alone.  You should seek the help of a competent attorney who will fight for you.  No attorney can guarantee that they can get your bond reduced or secure your freedom with personal recognizance.  However, an attorney can ensure that you get before the Court, that the Court hears your side and that you are portrayed in the best light possible.  Innocent people go to jail everyday.  Often for just being in the wrong place and the wrong time.  If this happens to you, don't sit and wait.  Call for help.