“Prosecutorial flaws, deliberate or accidental, surface in many exoneration cases in Texas and around the country, and often involve the illegal withholding of exculpatory evidence from defense lawyers, which is required under the 1963 Supreme Court ruling in Brady v. Maryland. As more exonerations take place, more allegations of prosecutorial misconduct follow, but with almost no resulting discipline.” Read more…

What happens if you don’t request an Administrative License Revocation hearing?  Well, after 15 days your license will be suspended, but the law gives the DPS an additional period of time to suspend your license; up to 40 days.  If you refused the breath test and you’re over the age of 21 and it is your first DWI then you’re license will be suspended for 180 days.  You then have the option on applying for an occupational license, which I will explain later in more detail.

Okay so now let’s talk about what will happen if you do request that license hearing.  If you hired Mr. Dorbandt on your DWI then we will request the hearing and appear on your behalf to argue against the suspension; that the police did not have probable cause to make the arrest.

At the ALR (Administrative License Revocation) hearing, DPS must prove three things in order to suspend your license: 1) There was reasonable suspicion for the officer to stop you,  2) there was probable cause to arrest you for DWI,  3) You refused the breath test or you submitted to it and blew over 0.08% (the presumptive legal limit).  We will look at the facts in your case and fight any discrepancies; the Judge will make his decision based upon the evidence and argument of counsel.  If we are able to win your ALR hearing, your license will not be suspended.  Additionally, if the subpoenaed officer fails to appear at the hearing the DPS will move to dismiss and your license will not be suspended.

If your license is suspended you may be eligible to apply for an occupational license.  This will allow you to drive to and from work and for essential household needs (ex: gas station, grocery store, doctor’s office, child and pet care, etc.)  This can be a tough and frustrating time and that is why it is important to hire an attorney who will be there to help you through this trying event.  If you find yourself in this situation, please call us to see how we can help.  Chris Dorbandt & Associates, Attorneys & Counselors at Law.  512-407-9700 or Toll Free: 1-877-205-3425.

Unfortunately, this was not an isolated incidence of a hit and run tragedy in Austin. Just last night, a 69 year-old man was struck and killed near Manchaca and FM 1626. The driver did not responsibly render aid and the Texas Department of Public Safety is now searching for the motorist. Once the motorist is found, he or she will be charged with Failure to Stop and Render Aid involving death, a third degree felony in the State of Texas. This crime is punishable with a possible prison sentence of two (2) to ten (10) years and a fine not to exceed $10,000 or both. A conviction may also lead to an automatic suspension of your driver’s license.

If you are ever faced with a situation like this, it is very important that you retain counsel as soon as possible. This is a very serious offense and proper legal representation is required.

APD Officers Accused of Abuse

Similarly, Fox News reported that a Houston woman captured an officer violently beating her husband. The officer later came to their home, entered without a search warrant, and harassed her until she surrendered her phone’s memory card.

Instead of taking sides on this controversial matter or offering an opinion on this issue, I think it may be important to understand the rights of each party, the citizen taking note and video recording the crime scene and the officer trying to fulfill his duties as a public servant by arresting drunk drivers. As any one of us could be in a similar situation, I became interested in what I would and should do in such a predicament.

Emory Police Arrest Student

While watching clips from a similar situation on my college alumnus campus, I realized that it would be helpful to assess the following:

What are the rights allowed to each party? The First Amendment, through its freedom of speech clause, allows citizens to express criticisms of the government and its officials through means of speech, writing, petitions, and now, even videography. The same would be held true if the situation occurred in front of a federal building or inside transportation facilities, as well as at public security checkpoints at the airport. However, if I were to witness a similar situation inside a private residence or on private property, I would have to ask the owner for permission to record. As both videographers definitively state, they are within their constitutional rights to capture the arrests. As the arrests were conducted in a public place, they were not at fault in merely capturing the video from a distance and therefore, the officers cannot legally delete, destroy, nor detain the recording.

However, that is assuming perfect circumstances when the video is being captured from a distance. The controversy arises when the recording hinders the police officers’ ability to conduct an arrest. While this may seem subjective, it maintains a standard of respect that citizens must offer to the public servant in pursuit of justice. If you find yourself being asked by a public official to stop the recording it is advisable that you remain polite and wait for the officer’s reasoning. If you are detained or arrested, there may be a particular reason that you are forgetting or you may have, in some way obstructed their ability to continue their work. In the APD arrest, Mr. Buehler is being charged with Harassment of a Public Servant for spitting in the officer’s face and the police seized his cell phone. Whether or not he is found guilty of the charge, it is certainly a serious accusation: a third degree felony punishable by a two (2) to ten (10) year prison sentence.

If you are found in a similar situation it is important to ask for a call to your lawyer as soon as possible.

While the investigation continues and damage control ensues, it becomes more important to focus on the impact of this new technology. In a society where video capturing is as easy as pulling out a cell phone, we must all take notice of our surroundings. For all accused, it will make a world of difference.

By Chey Court Hollowell, JD
Courtesy of Chris Dorbandt & Associates, Attorneys at Law

Whether you are new to Austin or a long time Austin resident, knowing the local laws and city ordinances — and how to report or access information through city resources – may be deemed valuable, or even necessary, at some point during your residency in our fair city. The City of Austin and Travis County both maintain services to help citizens with questions and concerns regarding everything from obtaining police reports to starting a neighborhood watch program. Below are a few of the most common citizen concerns, and details about how to access local information regarding these issues.
Been issued a traffic or parking ticket? Whether issued in person by an Austin Police Department (APD) officer, or received through the mail, courtesy of a red-light camera capturing your offense, traffic tickets and warrants can be taken care of in person at one of the three City of Austin Municipal Courts (Downtown at 700 E. 7th Street; at the north substation on Lamplight Village; or at the south location on Manchaca Road), or paid over the phone at 512-974-4640, or via the internet (www.austintexas.gov/court/).
Been involved in a traffic crash? If the crash is minor in nature and does not involve bodily injury, contact police using the non-emergency 3-1-1 number to report the accident. Also, be aware that state law requires that motorists move their vehicles from roads and freeways to avoid the possibility of a traffic hazard that could negatively affect oncoming traffic. Be sure to exchange driver information, including insurance coverage, before parting ways. If an officer arrives at the scene, he/she will prepare and distribute a ‘Blue Form’, or driver’s crash report. This ‘Blue Form’ is considered the police report and both drivers should maintain a copy for insurance purposes.
To obtain a copy of a crash report from APD, they may be purchased for $6 from the police Headquarters located at 715 E. 8th Street, or by sending your request and fee along with a self-addressed and stamped envelope to APD’s Report Sales at the same address.
Had your car towed? The most common reasons are not having the proper parking permit displayed; improperly parking in designated areas; parking and leaving a vehicle on a private lot without doing business with the establishment; or abandoning a vehicle on a roadway. For private property tows, look for red and white signs posted at the entrance and exit of the parking lots with information as to the name and phone number of the towing company monitoring the lot. For abandoned vehicles or other impounds by the City of Austin, contact Southside Wrecker at 512-441-3111 or 512-441-7094. Be prepared to pay roughly $200 or more for towing and impound fees. For specific city ordinances relating to towing review the City of Austin Code. Also, be aware that citizens have the right to request a hearing with the Justice of the Peace to contest a non-consent tow.
Need to inquire about a possible arrest of a friend or loved one? The Travis County jail is operated by the county sheriff’s department and all information about arrests can be obtained by calling jail information at 512-854-9889. To check on the status of a felony warrant call 512-974-5299.
Want to learn more about the inner workings of the Austin Police Department? APD offers a twelve week program called the Citizen’s Police Academy. The course consists of lectures, demonstrations, tours and rides with on-duty police officers, all designed to give interested citizens knowledge of the inner workings of APD. To register for the course contact Sr. Officer Dennis Farris at 512-974-5941, or register online at www.ci.austin.tx.us/police/.

By Chey Court Hollowell, JD

Courtesy of Chris Dorbandt & Associates, Attorneys and Counselors at Law

It is estimated that there are close to 1.5 million Driving While Intoxicated (DWI) arrests made in this country, each year. According to Austin Police Department statistics, drunk drivers account for approximately 50% of the auto fatalities in and around Austin, and they contribute to a similar percentage of non-fatal auto accidents as well. Austin Police Department officials estimate that on any given day, one half of all drivers on the road after 2 a.m. are operating their vehicles under the influence of alcohol. In a metropolitan area with over a million in population, that translates to a high number of unnecessary deaths, bodily injury, property damage, and criminal arrests for something that is preventable.

Make no mistake — drunk driving is a serious matter and being arrested for DWI is a serious charge. DWI laws throughout the country are tough and carry the possibility of severe penalties for even first time offenders. For example, in addition to being arrested and taken to jail, drunk drivers risk loss of their driver’s license and face paying stiff fines and court costs. Along with jail time, violators can expect substantial increases in their auto insurance premium. Additionally, those arrested for DWI may be mandated by the court to install an Ignition Interlock Device (IID) on their vehicle.  In Texas, The Ignition Interlock Device is required by law on the second arrest when there has been an alcohol related offense within five years – even if there was never a conviction for the first offense. The cost for installation is generally free.  However, there is a monthly service fee of approximately $70.00. Those arrested for DWI will likely also be required to participate in court ordered alcohol treatment programs, perform multiple hours of community service, and, at minimum, face months or even years of probation along with regular visitation with a probation officer.  In addition, a criminal arrest record could negatively impact future employment opportunities forever.

The best advice?  – As we all know, the best advice is to not to drink and drive. However, if you do find yourself in the situation of being arrested for DWI, utilizing the professional services of a knowledgeable and experienced DWI attorney can, and in most cases, will make a difference in the outcome of your case.  A seasoned criminal defense attorney can demand the presentation of evidence and witnesses, invoke judicial procedures to protect your rights, and negotiate with prosecutors on your behalf to reduce the severity of the penalties. Remember, time is of the essence when seeking legal representation for a DWI charge as court appearances and driver’s license suspension hearings have very short timelines (15 days from the date of arrest for driver’s license suspensions).  Your best bet is a good defense.  Advice – hire a skilled criminal defense lawyer immediately.

Texas is known as a state that is tough on crime – and consequently, tough on criminals. If you are charged with the commission of a crime in Texas, you will be thrust into the complexities of the Texas Criminal Justice System where you will face criminal charges. As a defendant, you will be afforded the opportunity to present a defense. The Texas Penal Code defines most crimes as either felonies or misdemeanors, and designates the ranges of punishment associated with each level of crime.
A felony is a serious charge and carries with it a greater range of punishment, with fines up to $10,000 and sentences of anywhere from six months to Life in a state penitentiary. Felony convictions may also restrict your future right to vote and right to possess a firearm or ammunition, and may even prohibit your ability to obtain certain state occupational licenses. Examples of felony crimes include burglary, rape, indecency with a child, aggravated assault, murder, robbery, and third or subsequent DWI offenses.
Felony charges are divided into five categories based on the seriousness of the offense, and each higher level designation carries a correspondingly harsher penalty. The minimum is a state jail felony, which carries a penalty of 180 day to 2 years in a state jail and/or a fine of not more than $10,000. A step up from that is a third-degree felony, with punishment ranging from 2 to 10 years in a state prison and /or a fine of not more than $10,000. Next in severity is a second-degree felony, with a punishment range of 2 to 20 years in a state prison and/or a fine of not more than $10,000. A first-degree felony brings a 5 to 99 year state prison sentence and/or a fine of not more than $10,000n or both. The most serious charge is a capital felony with a sentence of life-in-prison or death.
A misdemeanor is a less serious criminal offense which is punishable with fines up to $4,000 and with possible jail time of up to one (1) year, however, with this level of offense there is no loss of any civil rights. Offenses such as simple assault, theft, possession of small quantities of marijuana, and first or second offense DWIs fall into this category. Misdemeanor crimes are divided into three classes – Class A, B, or C – with penalties ranging from not more than one year in county jail and/or a fine of not more than $4,000 for Class A misdemeanors; to fines of $2,000 or less and county jail time of no more than 180 days for Class B misdemeanors; to the lowest level, a Class C misdemeanor, which carries a fine of not to exceed $500.
If convicted of a criminal charge, whether felony or misdemeanor, the judge in the case will be responsible for determining the exact penalty to be assessed – working within the broad sentencing guidelines of the Texas Penal Code, and taking into consideration recommendations from the prosecutor or jury.
If the prosecution has a strong case, your defense attorney may want to negotiate a plea arrangement, whereby the prosecutor agrees to reduce or dismiss one charge in exchange for a guilty plea to the lesser  charge. The judge can then accept of refuse the plea agreement; however, if rejected, you do have the right to withdraw your guilty plea.
In cases that go to trial, the jury may make sentencing recommendations that the judge is then obligated follow. Also, as the defendant, you  have the right to request that the jury, not the judge, determine the punishment, if a guilty verdict is rendered.
If there is no plea agreement and no jury recommendation, the judge will order a pre-sentencing investigation to research the defendant’s criminal history and gather additional information about the defendant’s circumstances so as to have a better understanding on which to base a sentencing decision.
In many cases, particularly for first offenses, probation may be imposed. Probation allows the defendant to suspend the jail or prison sentence in exchange for community supervision. The court will establish certain conditions — like maintaining gainful employment, paying fines, and meeting regularly with a probation officer – and if successful at adhering to these conditions for a minimum of one-third of the probation term, the defendant may be eligible for early termination of probation.
However, probation may not be an option for serious offenses or for repeat felonies. Time in county jail or the Texas Department of Criminal Justice Institutional Division may be required, or in some cases, confinement may be served by house-arrest. For multiple offenses, sentences may be required to be served ‘cumulatively’ – meaning one-after-the- other; or ‘concurrently’ – meaning all sentences will be served at the same time. In many cases a defendant can earn time toward early release with good behavior and apply for parole after serving at least one quarter of the original sentence (for most criminal charges).
Bottom line, understanding the complexities of the Texas Criminal Justice System, its laws and penalties, can be overwhelming. If charged with a crime, seek the advice of an experienced criminal defense attorney. After all, the stakes are high – and your personal freedom may be at risk.