You know what I enjoy? Emailing politicians and asking them to support my favorite pet causes. I can't tell you how many marijuana reform emails I've sent Joe Barton (he's not coming around on the issue at all). NORML, MPP, StopTheDrugWar.Org etc make it easy to contact your rep [...]
Are there police in your neighborhood? Are you concerned about the rampant Constitutional violations that come from over zealous policing? How can you protect yourself from being a victim of unscrupulous law enforcement? Start by ordering "10 Rules for Dealing with the Police" from Flex Your Rights.
This is [...]
Is one sentence I hate to here in a consultation. Potential clients all desire the same thing during a consulation, the one thing that I can not promise them- certainty of outcome. Check the avvo message boards and you will see the most common question asked by defendants is [...]
The last 70 years of failure call for a new approach.
DEA Recruits Lil Wayne To Use Up All Drugs In Mexico
I got back in from Key West last night an 9pm. I made three phone calls on the way home from the airport. One thing about leaving town for 5 days is the office tsunami that awaits upon return. I tried to not call anyone while in Florida and [...]
I wouldn't leave. I've been in Key West for 24 hours and this is paradise. When I left Dallas it was snowing and I was fighting traffic on 360. Here, the weather is perfect and "traffic" is mostly golf carts and mopeds.
Where to start? First, there is the [...]
This past Wednesday was the final Kaufman County Bar meeting for 2009. What a difference a year makes. It was only twelve short months ago when a dozen lawyers met for what was only then 5th KCB meeting of the year and elected Tracy Booker, myself, Keena Greling, and [...]
I was quoted in DMN today for an article on the Dallas Constables allegedly selling raffle tickets to finance their campaigns. My entire contribution, soup to nuts, was
Robert Guest, a local criminal defense lawyer, said he believes the state's anti-gambling law prohibits elected officials from using raffles' [...]In an era of swine flu you would think that drawing blood in a jail, which are usually full of staph and other nasty bugs, would be verboten. Unfortunately police departments across Texas are giving cops a crash course in needle work and setting them loose to prey [...]
"In all criminal prosecutions, the accused shall enjoy the right... to be confronted with the witnesses against him"
6th Amendment- US Constitution
You know what I don't use. A web cam. I've never installed one at my office or home. My macbook has one built in but it's always off.' [...]
Wow. It only took nine months but Barack Obama actually moved to limit federal power and increase State's rights. When Texas finally passes our MM laws (I'm guessing around 2109 after the other 49 states legalize), then our fellow Texans MM patients will not have to live in fear [...]
Remember the right to counsel? In simpler times if you were in custody and asked for an attorney, the police had to wait for counsel to arrive before beggining their good cop/bad cop routine. Such antiquated rights like the 6th Amendment and Article 1 Section of the Texas [...]
I got an email this week that caught my attention. Steve Fischer is seeking 5000 signatures to be placed on the ballot for Texas Bar President. Bar elections are something I usually ignore. I check the candidates at the last minute, see if I know anyone, or if someone [...]
You know what America needs, more people in jail on federal drug charges. Why limit the tyranny of cannabis prohibition to Americans? Let's spread Nixon's WOD all over the continent and import Canadians for incarceration! Hope and Change!
Our latest political prisoner in the war on weed is Marc [...]
The longer the recession goes on the more unfamiliar lawyers I see on Kaufman criminal cases. Here are a few quick tips for the noobs.
1. Your client always has to appear, with one exception (first setting in CC2). Kaufman isn't Dallas and a lawyer appearing sans client is not' [...]
I take a few minutes each week to answer questions on AVVO. AVVO is an attorney review website that also allows the public to post questions for lawyers to answer. Back in pre AVVO days I had a regular feature alled "You search I answer" in which I [...]
The power of Google has made my site prominent to victims of Public Intoxication citations. Despite Google's kind introduction very few of these defendants become clients.
My preference is to set ticket cases for trial and force the State to meet their burden. Unfortunately a ticket trial setting is' [...]
I was talking to a friend at the Kaufman courthouse who noted that I've won my last 3 DWI trials (2 bench/1 jury). Neither one of us could remember any attorney who had ever won 3 Kaufman county DWI trials in a row. I'm always proud to achieve my [...]
I've seen a lot of drug cases and represented scores of drug defendants. The legal issues are generally the same- search and seizure, affirmative links, etc. What is always different is the defendant. Drug defendants can be broken down into three categories- addicts, users, and the innocent.
By far, addicts' [...]
One of my favorite South Park episodes is Clubhouses. Stan decides to build a clubhouse so he can play truth or dare with his girlfriend Wendy. Chaos ensues (Ewok Village 5000, inter alia) but finally, by the end of the episode Stan is expecting to be "dared" to [...]
Well that was quick. My wife and I (along with another couple) just got back from a 5 day Carnival cruise out of Galveston. I can't remember my Trip Advisor password so let me offer a quick review.
First, what I didn't like. Cruises are like day care for adults. [...]
If you have been a juror for a criminal trial in Texas and would like to share your experience please email me (robertATrobertguestDOTcom) or answer in the comments.
1. What was the offense?
2. What was the verdict/punishment?
3. What swayed the jury during deliberations?
4. What did the [...]
Just booked my trip to the NORML legal seminar in Key West. I've been on the NORML legal committee ever since I opened my private practice. I'd like to encourage any lawyer who is ashamed of cannabis prohibition to join the NLC.
Besides the justness of the cause being [...]
Macbook Pro
I sent the Dell back last month and decided to get my first Mac. I"ve had my Macbook Pro (13inch) for a week now and let me offer a quick review.
This thing is fucking awesome.
Design- I never realized how cheap and clumsy my PC laptops were until" [...]
I'm in a jury trial so this will be a short post. But holy shit, this is amazing. A very honest prosecutor had the courage to challenge the War on Drugs on the TDCAA message board. It's a short thread at this point. But the point is made, [...]
More breaking Kaufman County election news. Angela Webb, court coordinator for County Court at Law (Hon. Judge Wiley presiding) is going to run for District Clerk. The current clerk, Sandra Featherstone has announced she will not seek reelection. I am going to miss Sanrda and I wish her nothing [...]
Not content with the recent domination of the US in soccer Mexico is also winning the race to embrace freedom, liberty, and drug war sanity. What caused Mexico to embrace a common sense approach to personal drug use instead of maintaining a US style "tuff-on-crime" approach?
Police corruption played [...]
As part of my regular open records work I ask for LEO disciplinary records. Today I received a thick envelope with over 60 pages of complaints and source material, including a DVD I haven't watched yet. This complaint stood out-
On March 7th, 2005 Trooper XXXX was counseled for requesting' [...]2.01 would seem to a pretty clear directive to prosecutors across the state, justice and conviction are two separate and distinct concepts. Whereas, the language [...]
Steve Blow published a column on the notorious I 45 speed trap. I was happy to be interviewed to highlight the highway robbery in Ellis County.
I spoke with Steve two weeks ago and reminded him that we met in 1995 at a high school journalism conference. [...]
Every cannabis defendant I meet gets a few self defense tips at our consultation. Until we legalize cannabis cops are going to arrest for it. Regardless of the life altering consequences, or if the defendant is a good person, or if you "help" the police by being honest [...]
Kaufman county chief public defender Andrew Jordan is going to run for Kaufman District Attorney. My source? Andrew told me Friday. The GOP primary/de facto election is in March. Candidates have until January to file.
Mr. Jordan and Kaufman DA Rick Harrison met Friday to discuss the election. I was [...]
I haven't felt like blogging lately. I've been working on an upcoming DWI trial, and not working by spending time with my wife. As much as I hate the heat, I enjoy the late evenings in the summer. I walk the dogs, swim at our friend's pool, and spend' [...]
Today was the monthly Kaufman County Bar meeting. We had an excellent civil law roundup by Crandall, Texas Attorney Keena Greyling. I'm very limited in my civil practice and I don't follow all the latest developments in insurance law etc. That being said, it's easy to predict' [...]
Prosecutors and big firm lawyers have often asked how I started a successful solo practice. This is understandable. When a lawyer gets out of law school she has two things; a law license and a ton of debt. The first rung on the hierarchy of lawyer needs is a [...]
Kaufman is unique among Dallas bordering counties. Ellis and Rockwall have similar population numbers but Kaufman demographics are more rural. For example, Ennis (where I live in Ellis County) is larger than any city in Kaufman county. Kaufman is a spread out mix of ranchers, farmers, and smaller communities [...]
I don't have any inside information on the TABC Rainbow club raid. I did notice that the TABC was checking for public intoxication when they swarmed the gay bar in Fort Worth.
I've received a decent number of inquiries from PI defendants who claim to have been abused or [...]
I've discovered there is an inverse relationship between blogging and legal work. I'm grateful to be busy in this economy, but it's giving me blog fail. What I do have time for is another roundup!!
On Sotomayor-
First, I'll admit I have not done an exhaustive study of her opinions. [...]
Justice Thomas thinks it's ok for the government to search your teenage daughter's panties for Advil. Fortunately the eight other Supreme Court justices found such a perverse invasion of privacy unreasonable. Is there a less free place in America than a public school?
If there is, it's the airport.' [...]
I had another two court day; morning in Dallas, and afternoon in Kaufman. I had a few passes and an open plea in Dallas. I saw a few friends at the courthouse one of whom pointed out a MADD courthouse runner.
MADD sends spies to the courthouse to monitor [...]
From the Drug Policy Foundation-
A recent World Health Organization study on cocaine came back with these findings, inter alia,
By far the most popular use of coca products worldwide is the snorting of cocaine hydrochloride. Most participating countries and sites did not report significant cocaine-related problems among this [...]Remember the debate over removing the special rule of attorney client privilege for criminal cases? Lubbock Criminal Defense Lawyer Ben Webb shows why 503(b)(2) still matters; because the State will call your defense lawyer to testify against you.
From Lubbock-
[...]Medical Marijuana Patient Protection Act
No issue better highlights the moral bankruptcy of law enforcement than the federal prosecution of state licensed and legal medical marijuana providers. Since SCOTUS long ago nuetered the 9th and 10th Amendment we now require a federal law that states the obvious; the feds [...]
During a DWI voir dire I often remind jurors that drinking then driving is not illegal sans intoxicaiton. That is why every bar in Texas has a parking lot.
But should it take a trip in automobile to reach a bar? Does our sprawl/automobile based society create DWI accidents? [...]
The Flower Mound PD must have known I was short on blog material while at the RD conference. Thanks guys.
What happened? From DMN-
Last month, a Flower Mound man called police because he thought a group of teens were drinking at a neighbor's house. He knew the woman who lived' [...]I finally made it home from the Rusty Duncan advanced criminal law seminar. My wife and I spent 3 days in SA and stayed in Austin last night before returning to Ennis. I got more use out of my facebook iphone app in the last 4 days than I [...]
I'm leaving for the annual Rusty Duncan conference in San Antonio today. I am considering not blogging while out of town. So if you don't here from me until Monday it's because I'm on the riverwalk (I know it's a horrible cliche tourist trap, but we love it)' [...]
I got my new shiny Dell Vostro 220 in yesterday. For some reason I can't resist putting a new machine together right away. Originally, I had decided to wait until after work to start this project, but I got back early from lunch and I could not resist. I' [...]
Blood evidence is all the rage in DWI cases. Like most DWI defense lawyers I need an expert to help analyze blood results. Let's talk to one.
Today's expert is Dwain Fuller, Technical Director of the Toxicology Laboratories at a leading North Texas medical center. Mr. Fuller holds a [...]
DMN has the story of a Wylie video store owner who has his customers arrested for late videos. This piece is sure to generate some outrage in the comments section. "You shouldn't arrest someone for late DVDs!!!" etc. I'm not sure how arresting for late videos is any [...]
How can cops interrogate you if they can't talk to you because you have a lawyer? Even a false confession requires significant psychological pressure. The kind LEO can only exert without your defense lawyer present. Welcome to the new 6th amendment, it's no longer a right, it's a privilege' [...]
I hate Windows. Every day I boot up that Windows XP logo reminds me how uncool and backwards my computer is. I want to be hip, creative, apple cool.
I feel like a serf on the Windows farm. I can't leave, I want to leave. But I'm stubborn [...]
Polka Fest 09-
This weekend is the annual Ennis Polka Festival. I'll be at the KJT (Katolická Jednota Texaská) Saturday night (around 8ish) to see the Czechaholics and Brave Combo.
Come to Ennis and experience this one of a kind polkapalooza. Most of the polka dances can be' [...]
It's that time of year when TXDOT rolls out the Click It or Ticket revenue/harrassment campaign. The ads are typical police state propaganda- The cops are watching you, they are coming to get you, change your behavior or the state will send the police to steal your money!
Texas drivers' [...]
I had a DWI bench trial on Thursday (no verdict yet) that sapped my weekend blogging energy. I don't usually blog about my pending cases, so lets talk about bench trials in general.
What is a bench trial?
Bench trial, judge trial, TBC (trial before the court), or TBJ (trial' [...]
Readers of this blog know that I am on a personal mission to inform the public of their 5th Amendment rights. If the police ever ask you about illegal activity of any kind, ask for an attorney. If you are Mirandized ask for a lawyer and shut up.
CLEAT is [...]
I have discovered the precise formula to measure the outrage felt by liberty minded individuals over a news event regarding government malfeasance.
EA x SOL= $#@!
EA= the enforcement action taken by the government. Basically, what means are used to achieve the government's goal. The lower end would of this scale' [...]
Last Friday I attended the DWI Innocence Project at the Belo Mansion downtown. It was good to see some old friends, and make some new ones. Blood topics were hot this year with more agencies choosing GITMO style forced blood draws over actual DWI investigation.
Side Note- If DWI suspects [...]
Kaufman is the county east of Dallas. Kaufman county is served by three major east-west highways; I-20, 175, and I-80. These highways see a steady flow of Dallas commuters, locals driving to Dallas and back for entertainment, Shreveport gamblers, and drug couriers. Basically, money comes from the east to [...]
Anyone who reads this blawg regulalry knows that I enjoy taking a current news story and adding some information on the law for the lay public, or some opinion not in the original piece (e.g. pot should be legal, the 4th Amendment matters).
News reaction is not the pinnacle [...]
There are only two traffic offenses in Texas for which arrest is not permitted, speeding and open container. I'm not sure what that says about our state. You can drink and speed but if you forget to buckle up or use your turn signal you can be sent to' [...]
I'm proud to announce the First Annual Kaufman County Bench Bar Conference will be held October 9, 2009. We are going to have at least 5 hours of CLE with a heavy dose of ethics.
President Booker and I are working out the final details. I am currently soliciting CLE' [...]
I received a speeding citation last week on the notorious I-45 speed trap. Allegedly, I was going 73 in a 60. In my pre blogging days I would call the court and ask for deferred adjudication, pay the tax (fine) and move on.
However, the Google SEO gods demand [...]
Fresh angles are hard to come by in the blogging era. Just when I thought there weren't any new ways to comment on the legalization debate, this video came out.
Everything does sounds better auto tuned. Wait for the second segment in this video, after gay marriage, before Angry Gorilla.' [...]
I have interacted with hundreds of cannabis consumers. First as a public defender, then a prosecutor, and finally as a private defense attorney. Much of the debate over cannabis prohibition is about the plant and the effects of smoking said plant. Let me share my experience with the more [...]
I knew in law school that I was going to be a criminal defense lawyer. My criminal law class was a painful study in how our constitutional rights were sacrificed to help save dope cases. Decades of weakening the 4th and 5th amendment (to the point of absurdity) all [...]
Did you know the police are allowed to lie to you? It's true. The police can make up facts out of whole cloth and present them as fact.
What if the police wanted you to open the door to your house so they could peek inside? One would think' [...]
Today was the Kaufman county bar meeting. Our speaker was Kaufman district attorney Rick Harrison. Mr. Harrison discussed the new child advocacy center. The CAC provides a non-law enforcement environment for children to be interviewed.
We also discussed raising bar dues to pay for lunch/CLE. Kaufman bar dues are $50 [...]
Good people from all walks of life use marijuana. Good people from all walks of life also get arrested for possession of marijuana. Until we correct the tragic failure of cannabis prohibition pot smokers must exercise self defense and common sense to avoid the wrath of law enforcement.
To that [...]
No new Kaufman county courthouse. County commissioners rejected, by a 3-2 vote, negotiating a planning fee with an architectural firm. Needless to say the response from those who work at the courthouse was not enthusiastic.
With a 3-to-2 vote Monday, commissioners opposed a motion authorizing County [...]Probation can be tough for a lot of reasons. From failing drug tests, to failing to report, to missing a meeting there are dozens of ways to get your probation revoked. It has come to my attention that the revocation process is not well understood by probationers. Let me [...]
I'm of counsel with Guest and Associates, a civil litigation firm in Irving. (Yes we are related, it's my uncle's law firm). Recently, I've assisted on some consumer debt (credit card, car loans etc) defense cases. G&A does most of the heavy lifting, I help with some [...]
I was interviewed last week by RidinDirtyRadio. Thanks to Ken and Heidi for having me on.
Click here for the interview.
A follow up-
I stated that drinking and driving is not illegal. I meant that drinking then driving is not illegal (sans intoxication) in Texas. We [...]
Kaufman is the county east of Dallas. Geographically we are neighbors, but we each have unique criminal justice systems. As a lawyer who operates in both worlds let me offer a comparison.
First, the part of criminal defense that actually matters is the same in both counties. The law, working [...]
Not all cops are bad. But every department has a few Officer Powells on the force. Besides harassing motorists on their way to the ER Officer Powell also attempted at least one DWI arrest. Allegedly, he (shock!) told conflicting stories at the scene, on the stand, and in his [...]
The DWI roadblock bill has passed through the Senate is working it's way through the House as I type this. The roadblock, I mean "checkpoint" bill is SB 298.
So how much security are we getting for our freedom?
From DMN and State Senator John Carona (R-Dallas)
"We're" [...]
NO NO NO.
Never, ever, for any reason, go to the police station (or sheriff's department) and make a statement. If the police have called and asked you to come to the station quit reading this and find a criminal defense lawyer now.
"Won't the police think I'm guilty'" [...]
For the first time in my legal career I completed a county courthouse trifecta. I made an appearance in 3 different county courthouses in one day. This made me wonder what the record is for most county courthouses visited in a day? It can't be more than 4. All' [...]
Kaufman county needs a new courthouse. Why? First, the current building is too small to handle the growing population. The courthouse was designed for two courtrooms, but now houses four courts. There are no public restrooms upstairs, no attorney client meeting area anywhere (we use the very narrow and [...]
The drug war is working so well we should consider expansion. Forget the salvia debate. Think broader. Why should we limit prohibitionist zealotry to actual drugs? If only we could expand the WOD to ban products named after street drugs.
From the AG's website
Court prohibits the' [...]
Your case is set for jury trial. The ADA makes a final plea offer (Offer A) to your defense lawyer.Your defense lawyer informs you that the offer was Offer B (Offer B is Offer A plus more fines, jail time, etc) but that he/she had worked the ADA down [...]
DMN columnist Tod Roberson supports the drug war because he can't understand how a legalization/decriminlization system would work. He knows that "tycoons", "world leaders" and "smart" people support ending Prohibition, but to Tod the "details don't add up." Specifically, Tod has 3 concerns he can't work through- addiction,' [...]
Every year thousands of Texans plead guilty for deferred adjudication(DA) probation. A common fallacy among defendants, judges, prosecutors, and even some defense lawyers is that DA cases "won't be on your record", i.e. they can be expunged. Not true. In Texas, deferred cases can not be expunged. You can' [...]
St. Patrick's, Old 97's, and Greenville
I spent my first St. Patty's on Greenville. My wife and a few friends attended the Old 97's concert at Energy Square (a parking lot on Greenville and University.)
Our group missed the parade, arriving at 3pm. We did catch the last of the [...]
I've spent many keystrokes railing against the SEO industry. From spam comments to fake link building these companies are heavy on pitch but short on credibility. Let me offer some hope for lawyers looing for internet marketing help.
Last year I decided to sell out and move from my' [...]
You are a criminal defendant. There is a witness in your case. Your defense lawyer want to subpoena relevant instant messages, emails, or other communications sent by the witness through MySpace to prepare for trial.
Time for a quiz-
According to MySpace's legal compliance officer, Scott McFarland, which of the' [...]
Recently, I was appointed to a misdemeanor pot case in Kaufman. Yet another reason you should support HB 902, so you can quit paying me to fight this nonsense. The appointment sheet listed the charge as possession of marijuana under 2 ounces; a class B misdemeanor and that bail [...]
Over 60,000 thousand Texans were arrested last year for marijuana possession. How should we punish our fellow Texans for the "crime" of pot possession?
Support House Bill 902-
Currently possession of any usable amount of marijuana is at least a class b misdemeanor (2 ounces or less), the same [...]
Here is a shocking video from MPP. The field drug tests used by police around the country are wildly inaccurate leading to false arrests. I can't say I was shocked by these results.
An open records request I filed last year found over 500 cases over a two' [...]
CLEAT is the Combined Law Enforcement Association of Texas, the cop lobby. CLEAT 's website lists their legislative agenda, identifying bills they support and oppose. It's no surprise that CLEAT supports longer sentences, less freedom, and/or more tax dollars for policing; all of [...]
I hate red light cameras. These automated taxing agents are the wretched offspring of nanny state fascism and government greed. Google has placed my site near the top for red light camera searches. Many of you come here looking for help. I share your disgust for red lights cameras. [...]
This economy sucks for everyone, defense lawyers included. I'm not expecting much public sympathy for our industry. We don't have enough political clout for a bailout. Would I trade my libertarian idealism for some free Obama "stimulus" money? Don't ask.
Criminal defense is a somewhat recession proof industry. When the' [...]
Thanks to the War on Drugs, a "tough on crime" lege, and pro conviction appellate courts Texas now has over 400,000 probationers, 25% more per capita than the average state. These probationers all have one thing in common- they don't want to be on probation. Luckily, probationers in' [...]
It's only a matter of time until every public space in Texas has a O Cristo Redentor. Such is the holding of our SCOTUS case of the day Pleasant Grove City vs. Summum. This case has absolutely nothing to do with criminal law. That being said....
Story time. Two weeks ago I went on a day trip to the wonderful Fossil Rim Wildlife park in Glen Rose. FR offers a family friendly safari. Like going to Africa without the shots or airfare.
Drivers trek through the Texas hill country tossing food pellets to zebras, giraffes, [...]
The medical marijuana bill is making it's way through the Texas house. HB 164 needs your help to survive.
Medical marijuana is inevitable. The only question remaining is when a MM bill will pass? You may think it is too soon, and that this isn't the right group of [...]
The Dallas Morning News' editorial board wants you to quit smoking. Rather than just persuade or educate the public about smoking dangers, DMN wants to use the blunt power of government to force smokers into hiding. Even worse, they want to subject every city and community to the same' [...]
