Category: Harris County District Attorney

  • List of Harris County Jail Inmates Entitled to Immediate Release

    Article 17.151 of the Texas Code of Criminal Procedure provides: A defendant who is detained in jail pending trial of an accusation against him must be released either on personal bond or by reducing the amount of bail required, if the state is not ready for trial of the criminal action for which he is […]

  • After a Year of DIVERT

    For your perusal: Harris County misdemeanor courts, DWI statistics compared between the year ending July 31, 2010 and the previous year (roughly DIVERT and pre-DIVERT). August 2009-July 2010 August 2008-July 2009 DWI Cases Pending at Start of Period 6,687 6,039 New DWI Cases Filed 12,315 11,341 DWI Motions to Revoke Probation Filed 775 656 Other […]

  • Accidental DIVERT Coercion

    Houston criminal-defense lawyers Herman Martinez and Dane Johnson report separately on the state of the Harris County DA’s DWI DIVERT program. Here’s Herman: This week the HCDAO decided that a defendant needs to decide if they want to be considered for the DIVERT program by their second court setting.  This is patently unfair and lends itself […]

  • Without a Trace

    The rumor that I mentioned on October 30th, that the DA’s office was going to stop accepting charges on trace controlled-substance cases, has been verified. Prosecutors were notified today by email that starting January 1st the Harris County DA’s Office was going to stop filing possession cases on people in possession of less than .01 […]

  • The Motion to Recuse

    From the State’s Motion to Recuse Judge Helm from all family violence cases: Due process requires recusal when “there is a serious risk of actual bias—based on objective and reasonable perceptions.” and This bias should not be allowed to interfere with the State’s due process rights in a manner that infects “the integrity of the […]

  • Prosecutors: Please Be More Careful

    I, [name of prosecutor], the undersigned Assistant District Attroney, do hereby certify that a true and correct copy of the foregoing document was served on the attorney for the Defendant by certified mail on 11/10/09. [signed] When you sign a certificate of service it is supposed to be true. If you file a document with […]

  • Schmomises

    As I understand it, the Harris County Commissioners Court has started approving all DA Office hires by name. So if Pat Lykos wants to hire Joan Schmo to be a Misdemeanor 4, she has to get Joan’s hiring on the Commissioners Court agenda and get the court to vote on it at a monthly meeting. […]

  • Stuff I Don’t Want to Miss Mentioning

    Scott Greenfield makes the world a little safer for blawgers (via Houston criminal-defense lawyer Paul Kennedy). RIP John O’Quinn. A great lawyer and, like many great lawyers, not without personal demons (Rick O’Casey, Houston Chronicle). Memo from Pat Lykos to Harris County prosecutors: if you violate Batson you’re “incompetent;” if you violate Brady it’s the […]

  • The End of an Era?

    Houston DWI defense lawyer Todd Overstreet got the State to agree to a motion for new trial for a client who had pleaded guilty on September 14th to two counts of criminally negligent homicide (a class A misdemeanor State Jail Felony—thanks, TY) for deaths of a Houston couple in a traffic accident. Todd is being […]

  • Want Revenge? Gain? Attention? Be a Witness!

    The Harris County District Attorney’s Office is looking for other people who allegedly may have been involved with Judge Donald Jackson. Donna Hawkins, a spokeswoman for the Harris County District Attorney’s Office, said investigators in the public integrity division want to know whether there are other people who have any knowledge of similar behavior in […]