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A conviction doesn’t have to be the end of the road for your loved one. My job is to help clients navigate the post-conviction process. From direct appeals, to ineffective assistance of counsel claims, to formulating the most effective parole release plan, I’ve got you covered. Please follow the links below to learn more about the post conviction process. Search and read my blog posts to find answers to more specific questions. Or give my office a call to talk to me directly.

The Texas parole system can be extremely frustrating, even for those fortunate inmates who get voted for release on their first review. It’s best for those going into the TDCJ system and their families to be aware of the potential delays and pitfalls in the parole system so that they can be proactive. I’ve prepared some highlights of the bureaucratic process you’ll have to negotiate. Please understand this is a general summary. Every case has specific facts that will need to be addressed by the inmate’s parole lawyer.

  1. The Texas Board of Pardons and Parole is administratively distinct from the Texas Department of Criminal Justice (and this matters).

If you go to the Parole Board (BPP) website, you’ll see a url that includes “TDCJ.” So you’d assume that the BPP is just another department inside the criminal justice system in Texas. But in fact the BPP operates separately.

Nearly all of my clients ask me at some point if we can use an Article 11.07 writ to get a reduced sentence.

The short answer is no. The writ is used to collaterally attack a prison sentence. It is an “all or nothing” fight where I try to find a cognizable ground for relief that was so prejudicial to my client that the only remedy is a new trial. There’s no procedural way to ask for less time on the sentence my client has already received. Judgments are final unless reversed, full stop.

But that’s not the whole story.

This post is the second entry in our “Know Your Legal Rights” series of blog posts related to police vehicle stops, detentions, and arrests. These posts are case studies based on real-life situations faced by defendants in the State of Texas, and are provided as general-interest information.They are not intended to be, and are not, legal advice. Every case is unique. So if you get pulled over and arrested, please seek the advice of legal counsel.

Today’s question – why do police officers love to call tow trucks, and what you can do to protect your rights when they do.

Law enforcement often use non-consent vehicle tows as a way to conduct full searches without probable cause or a warrant.

Most criminal defense attorneys operate a private practice that relies on government money to stay afloat. And that may lead to compromised representation.

So what exactly am I talking about? Let me explain.

Most of you looking for a lawyer for a criminal case think there are two kinds of defense attorneys: “appointed” attorneys that the government assigns to poor people that can’t afford a lawyer, and private attorneys who run a business representing criminal defendants. If you’re paying good money for an attorney, you’d just assume that your lawyer is a competent business person who will put real time into your case and limit the number of clients — a classic quality over quantity practice. But if you catch a case in many parts of Texas, including big suburban counties like Montgomery, your assumptions would be wrong.

Inmates across Texas having been asking their parole lawyers about Texas House Bill 1271. During the last legislative session a bill was introduced that would modify Texas Government Code Section 498 and greatly broaden the application of good conduct time to parole eligibility for certain inmates convicted of serious crimes.

Specifically, HB 1271 would have required TDCJ to apply good time credits to inmates convicted of 3(g) offenses  –

  • Murder;

This post is the first entry in our “Know Your Legal Rights” series of blog posts related to police vehicle stops, detentions, and arrests. These posts are case studies based on real-life situations faced by defendants in the State of Texas, and are provided as general-interest information.They are not intended to be, and are not, legal advice. Every case is unique. So if you get pulled over and arrested, please seek the advice of legal counsel.

Today’s Question: Can a driver consent to a police search of a passenger’s purse?

Imagine you catch a ride with a friend. A few miles into the drive, you see flashing red and blue lights in the rear view mirror. Moments later you are parked on the side of the road having a conversation with a police officer.

If you’re accused of possessing a controlled substance, you shouldn’t take a deal until the lab report comes back. That’s the advice dispensed recently in a concurring opinion in the Court of Criminal Appeals per curium case  Ex parte Saucedo, WR-87,190-02.

Easy for a high court judge to say. But sometimes reality forces your hand. You can’t stomach multiple court dates. You’re accused of possessing marijuana and no one will pay for a lab report. Or you know you’re guilty and just want to get the case over with. So you take a deal.

But what if the lab report eventually comes back and proves everyone wrong (including you)? If the report shows the stuff in your possession wasn’t a controlled substance, or even if the report just shows it was a different controlled substance that what the indictment or information alleged, you can probably get your plea overturned.

As many of you know, the Texas Legislature recently passed a law legalizing hemp. You may not be aware that the new hemp law has led to the dismissal of hundreds of weed cases, and that your recent conviction may be legally suspect.

If you have been convicted of or entered a plea to a possession of marijuana case since June 10, 2019, you may have a legal basis to get your conviction or disposition overturned. You should consult a post-conviction attorney for more information.

The New Law

Life is hard enough for a registered sex offender in the State of Texas. Jobs are difficult to come by. Friends and family often abandon them. There is constant judgment, ridicule, and the threat of harm by strangers.

Now, there’s a cadre of conmen out there tying to shake registered sex offenders down for money.

The scheme works like this: you get a call on your cell phone, often showing a legitimate number on the caller ID, such as a court house or county administration building. The person on the other end of the line says he’s a United States Marshall and that he’s got a warrant out for your arrest. He then claims that he has recorded conversations of you soliciting an underage person for sex. Knowing you are already registered as a sex offender, the person states he can recall the warrant and avoid release of the embarrassing material if you pay a fee. In one instance I am aware of, the con artist said he needed $850 to recall the warrant.

As of June 2019, TDCJ inmate release upon granting of parole has slowed down significantly, according to conversations I have had with both clients and TDCJ parole personnel.

The slow down appears to be due primarily to TDCJ staff shortages. I’m hoping the bottleneck is not permanent, but my sources seem skeptical that the problem will be alleviated any time soon.

For now, I’m hearing the projected time tables are as follows: