Criminal Defense

Before becoming a lawyer I worked at the Texas Department of Criminal Justice, Institutional Division (Formerly TDC) and the Texas Board of Pardons and Paroles.

I have represented clients in the Municipal, County and District Courts in Harris County and other counties in the State of Texas.  I am also licensed in the United States District Courts of the Southern District.

The cases I have tried to a jury include Murder, Attempted Capital Murder (Juvenile), Burglary, Sexual Assault, Driving While Intoxicated (3-all NOT GUILTY), Criminal Mischief, Drug Possession, Unauthorized Use of Motor Vehicle, Criminal Trespass, Disorderly Conduct, Marijuana Possession, Assault, Traffic Offenses. 

My Concerns About Constitutional Protections Disappearing

Criminal defense lawyers in this era are the last fighters against the erosion of basic citizen rights formerly recognized under the constitutions of the State of Texas and of the United States of America.  

UNITED STATES CONSTITUTION

Amendment IV (1791) 

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

 

The Texas Constitution

Article 1 - BILL OF RIGHTS

Section 9 - SEARCHES AND SEIZURES

The people shall be secure in their persons, houses, papers and possessions, from all unreasonable seizures or searches, and no warrant to search any place, or to seize any person or thing, shall issue without describing them as near as may be, nor without probable cause, supported by oath or affirmation.

 

It is my belief that modern appellate courts have whittled away  these protective constitutional clauses to the point where the average person (I'm not talking about the average CRIMINAL here!) is not secure against unreasonable police intrusion into his or her person, home, papers or effects.

If police have the unbridled power to ARREST citizens for ANY "law violation," regardless whether the ultimate punishment is a fine only, (light out on license plate, tail light out, failure to initiate turn signal within 100 feet of intersection, no safety belts, pedestrian in roadway etc.) and then use the arrest event as a "legal" reason to conduct a search for contraband, then WHAT'S NEXT?

Unfortunately, the law is presently JUST THAT.  Officers are empowered to oppress any who dare mouth off or otherwise fail to SUBMIT, or anyone the officer has a "hunch" might be carrying drugs or other contraband. (WITHOUT PROBABLE CAUSE)  

The United States Supreme Court has now determined that a police officer who arrested a Soccer Mom for not having her child seat belted in (an offense punishable by a fifty dollar fine) did not violate her Constitutional right to be free from unreasonable seizure.

Opinion

Dissent

  (Be careful when driving in Lago Vista!) 

Presently, in TEXAS, police may arrest a citizen for any of the above listed OFFENSES. (All of which are punishable by fine only.)  

The 77th Texas Legislature addressed the issue in Senate Bill 730, which would have required peace officers, in most cases, to issue a citation for misdemeanor offenses punishable by fine only.

Governor Rick Perry vetoed the bill!

During the 78th Texas Legislature Senate Bill 1597 was passed.

AN ACT relating to policies by law enforcement agencies regarding the arrest of persons for certain offenses. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Chapter 14, Code of Criminal Procedure, is amended by adding Article 14.07 to read as follows: Art. 14.07. LAW ENFORCEMENT AGENCY POLICIES ON ARRESTS WITHOUT WARRANT. (a) Each law enforcement agency in this state shall adopt a detailed written policy relating to the arrest of persons without a warrant for misdemeanor offenses, including traffic offenses, that are punishable by fine only. (b) The policy adopted by the law enforcement agency must: (1) clearly describe the circumstances in which a peace officer of the law enforcement agency is authorized by the law enforcement agency to make a warrantless custodial arrest of a person for a misdemeanor offense that is punishable by fine only; and (2) provide for a review of each warrantless custodial arrest of a person for a misdemeanor offense that is punishable by fine only by the immediate supervisor, if any, of the officer making the arrest. (c) Article 38.23 does not apply to evidence arising out of an arrest made in violation of a policy adopted under Subsection (a) or where an arrest is made in the absence of a policy required to be adopted by this article. SECTION 2. A law enforcement agency required by Article 14.07, Code of Criminal Procedure, as added by this Act, to adopt an arrest policy shall adopt the policy not later than January 1, 2004. SECTION 3. This Act takes effect September 1, 2003.

Governor Rick Perry Vetoed THIS Bill!

More Scary Stuff

Papers Please!

You can now be stopped and arrested for having a license plate frame over your plate.

Opinion Fifth Circuit Court of Appeals

My defense in any criminal case will begin with an inquiry into whether the accused was detained, searched or arrested ILLEGALLY.  There are still a few judges (and JURIES) who recognize and will not sanction the abuses of police.

Thoughts

"These, I protest, are not mere second-class rights, but belong in the catalog of indispensable freedoms. Among deprivations of rights, none is so effective in cowing a population, crushing the spirit of the individual, and putting terror in every heart. Uncontrolled search and seizure is one of the first and most effective weapons in the arsenal of every arbitrary government. And one need only briefly to have dwelt and worked among a people possessed of many admirable qualities but deprived of these rights to know that the human personality deteriorates and dignity and self-reliance disappear where homes, persons and possessions are subject at any hour to unheralded search and seizure by the police."

                                                Brinegar v. United States, 338 U.S. 160 (1949)

                                                (Jackson, J., dissenting)

"The political phrase 'tough on crime' should not be a substitute for thoughtful reflection or lead us into moral blindness,"
Supreme Court Justice Anthony M. Kennedy, June 23, 2004.
 
"Who would believe that a democratic government would pursue for eight decades a failed policy that produced tens of millions of victims and trillions of dollars of illicit profits for drug dealers, cost taxpayers hundreds of billions of dollars, increased crime and destroyed inner cities, fostered widespread corruption and violations of human rights - and all with no success in achieving the stated and unattainable objective of a drug free America?"
Milton Friedman,  winner of 1976 Nobel Memorial Prize for economic science
 
"You can get over an addiction but you can never get over a conviction."
Jack Cole, Retired undercover police officer

 

 

My phone number is easily remembered as 713 CALL WEBB in Houston, and my email address is lawyerwebb@aol.com

<=== Return