Category: Uncategorized

  • Lawyer Advertising

    Sometimes I browse other lawyers’ websites to see what’s out there. It looks like some of these folks are spending a lot of money on fancy advertising; their websites make my websites, Bennett & Bennett and Fight the Feds, look . . . homemade. Should I spend some money on having a professional design and […]

  • A Childlike Mind

    A local criminal court judge said to me, “I could never do what you do [that is, defend the accused]. I’m not creative enough.” It is true that defending people well requires creativity. It also requires imagination, curiosity, flexibility, adaptability, and a willingness to take risks. In other words, it takes a childlike mind. A […]

  • A Great Day in Criminal Law History.

    Monica Goodling, Alberto Gonzales’s White House Liaison, has chosen to plead the Fifth rather than testify before Congress. This is good news. When a highly-placed Department of Justice official, who knows exactly how the system works, avails herself of her constitutional right to remain silent, it sets a good example for the rest of us. […]

  • Pistol-Packin’ Prosecutors

    The Brownsville Herald had an article last Thursday about a proposed bill to allow felony prosecutors to bring concealed weapons to court. The notion came about because of unfounded fears that a violent gang would try to break one of its members out from the courthouse during his sentencing. Like any policy decision made based […]

  • Beating up on the Mentally Ill

    In another sentencing hearing (the defendant had pled guilty to theft and was seeking probation from the judge), the prosecutor argued that the defendant, who was mentally ill (diagnosed but unmedicated at the time of the theft, which was followed by two suicide attempts; medicated now; a thousand pages of medical records in evidence) had […]

  • Introduction

    I’m a criminal-defense lawyer in Houston, Texas. I represent people accused of all sorts of crimes in state court all over Texas, and in federal court all over the country. In this blog, I plan to talk about anything that relates in any way to the practice of criminal defense law. In my mind, that’s […]

  • Changes to Nondisclosure of Deferred Adjudication in Texas

    The governor of Texas has wrought some interesting changes to the law regarding nondisclosure of deferred adjudication probations by signing into law HB 3093. All changes are effective 9/1/5. Some of them are: Waiting period for nondisclosure of felonies reduced to five years (from ten). Waiting period for disclosure of some misdemeanors reduced to two […]

  • Clients Aren’t Property

    Lawyers don’t own their clients, and can’t stop them from talking to other lawyers about representation. That’s what the Eighth Circuit Court of Appeals, in this opinion, told a Texas attorney John Fahle when he got upset because one of his clients, Mr. Gonzalez-Lopez, realized he would be better off with California trial lawyer Joseph […]

  • Whew.

    Now that that’s behind us, we can get back to the business of defending people. No, I’m not happy with the result, but I know that: The planet will survive the next four years; The human race will most likely survive the next four years; The republic will probably survive the next four years; and […]

  • A Response to a Reader

    An anonymous reader posted this in the comments to my “Burying the Truth” blog. It is important, so I post it in its entirety: I initially began reading your website because I was interested in the Blakely v. Washington opinion. I believe now that I regret wasting my time. I deeply resent your flippant attitude […]