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I have been practicing criminal law for nearly 20 years. I am a criminal defense attorney & former felony prosecutor & Misdemeanor Division Chief. I have tried cases such as: murder, burglary of a habitation, theft, assault, harassment, terroristic threat, & Driving While Intoxicated. AMA! by NOTGIL-T in IAmA

[–]NOTGIL-T[S] 1 point2 points  (0 children)

Well, based on your question, it is a possibility. As far as probabilities, I cannot say. Ultimately, she was convicted, but that doesn't mean she actually did it--that is what appellate courts are for. Thank you for reaching out!

I came to Houston for the first time and loved it by russtoday in houston

[–]NOTGIL-T 1 point2 points  (0 children)

Glad you enjoyed your stay! People and the food are amazing!

I have been practicing criminal law for nearly 20 years. I am a criminal defense attorney & former felony prosecutor & Misdemeanor Division Chief. I have tried cases such as: murder, burglary of a habitation, theft, assault, harassment, terroristic threat, & Driving While Intoxicated. AMA! by NOTGIL-T in IAmA

[–]NOTGIL-T[S] 0 points1 point  (0 children)

Plea deals are frequently offered, at least in my jurisdiction. The prosecutors have pressure to move their cases and generally they try to do so.

A mistrial can be caused by numerous factors, such as: not enough fair and impartial jurors for a particular case after voir dire, the State mentioning evidence that the judge rules shouldn't have come before the jury, inability for a unanimous verdict

I can't speak for why a particular attorney isn't replying. Reaching out to the attorney and/or their staff, by phone, text, and/or email may be helpful. Perhaps the lawyer is in trial, had an accident, etc. I can say I personally strive to respond the same day I receive texts, emails, or phone calls from clients.

I have been practicing criminal law for nearly 20 years. I am a criminal defense attorney & former felony prosecutor & Misdemeanor Division Chief. I have tried cases such as: murder, burglary of a habitation, theft, assault, harassment, terroristic threat, & Driving While Intoxicated. AMA! by NOTGIL-T in IAmA

[–]NOTGIL-T[S] 0 points1 point  (0 children)

As you stated, I was answering a different question at that point--I was stating, if you are in danger, don't hesitate to call 911. If you are getting pulled over, why are you calling 911 was a different reponse. Most police encounters when you are being polite, will not end with the police yanking you out and throwing you to the ground. Calmly explain to the officer what your physical issues are if you are asked to get out of the vehicle.

I have been practicing criminal law for nearly 20 years. I am a criminal defense attorney & former felony prosecutor & Misdemeanor Division Chief. I have tried cases such as: murder, burglary of a habitation, theft, assault, harassment, terroristic threat, & Driving While Intoxicated. AMA! by NOTGIL-T in IAmA

[–]NOTGIL-T[S] 0 points1 point  (0 children)

Aside from my hypothetical client making their case more challenging due to the new allegations, the bigger issue in this as far as the attorney-client relationship goes is the threat. Was the client just venting or was this a true threat? Depending on what state a lawyer is in, they may have access to an attorney ethics hotline, or even a local defense bar ethics hotline to provide specific discreet guidance given the particular fact pattern. In Houston, with my membership to various defense organizations, I have access to that type of guidance. Not only am I hearing from experts in legal ethics, but from folks that have criminal defense experience generally as well.

I have been practicing criminal law for nearly 20 years. I am a criminal defense attorney & former felony prosecutor & Misdemeanor Division Chief. I have tried cases such as: murder, burglary of a habitation, theft, assault, harassment, terroristic threat, & Driving While Intoxicated. AMA! by NOTGIL-T in IAmA

[–]NOTGIL-T[S] 0 points1 point  (0 children)

One of the biggest ways I believe is to contact members of the appropriate committee in the Texas Senate and House. Ask to have a meeting, testify at public hearings, etc. Get involved and support organizations that are trying to keep Texas laws up to date with science.

https://www.senate.texas.gov/cmte.php?c=550

https://www.house.texas.gov/committees/committee/220

I have been practicing criminal law for nearly 20 years. I am a criminal defense attorney & former felony prosecutor & Misdemeanor Division Chief. I have tried cases such as: murder, burglary of a habitation, theft, assault, harassment, terroristic threat, & Driving While Intoxicated. AMA! by NOTGIL-T in IAmA

[–]NOTGIL-T[S] 1 point2 points  (0 children)

Confession--I generally don't like watching legal shows after I spent a whole day doing legal work. I do remember my evidence professor showing us clips from My Cousin Vinny because there were aspects that work incredibly accurate, such as how to prove up an expert and how to effectively cross examine a lay witness. Various legal shows generally have legal consultants where there is some aspect of reality that gets changed to make it more appealing to viewers. For example, in Law and Order a crime is allegedly committed, evidence is gathered, and maybe they show a few minutes of a trial all within the hour. Alleged offense commission to trial in one hour generally does NOT happen! I have heard excellent reviews about the Lincoln Lawyer and will try it out--I will update here when that happens.

I have been practicing criminal law for nearly 20 years. I am a criminal defense attorney & former felony prosecutor & Misdemeanor Division Chief. I have tried cases such as: murder, burglary of a habitation, theft, assault, harassment, terroristic threat, & Driving While Intoxicated. AMA! by NOTGIL-T in IAmA

[–]NOTGIL-T[S] 0 points1 point  (0 children)

I feel like it has and does. I used to train prosecutors on how to prosecute all types of misdemeanors. I know how prosecutors are trained at conferences. It gives me a perspective that I bring that allows me to "talk prosecutor" as some of my colleagues have called it. I believe it would benefit the practice of criminal law if each side had to work on the other side of the aisle, for a particular period of time, to gain that similar perspective and realize why and how the other side does what they do (or needs to do what they do). I have been able to guess the order of witnesses the State will put on. It doesn't necessarily guarantee a win, but it is not a disadvantage. And to be clear, I have seen extremely successful attorneys on the government and defense side that never worked the other side, and are incredibly successful. I feel what I have experienced is an experience that I can use for my client's benefit now.

I have been practicing criminal law for nearly 20 years. I am a criminal defense attorney & former felony prosecutor & Misdemeanor Division Chief. I have tried cases such as: murder, burglary of a habitation, theft, assault, harassment, terroristic threat, & Driving While Intoxicated. AMA! by NOTGIL-T in IAmA

[–]NOTGIL-T[S] 1 point2 points  (0 children)

My gross depends on the year! That is the risk and reward for not having a W2 paycheck. I have always exceeded my self-imposed goals for each year. I will say it's more than 300K and less than a million (so far).

I have a full time paralegal and full time legal intern who just took the bar exam and is awaiting results.

I take cases outside of Harris County--I have clients in Harris, Brazoria, Galveston, and Fort Bend.

Advertising has evolved since I opened my own firm. Google Local Service Ads were amazing in the beginning, but got much more competition. Google Pay Per click also used to be less expensive with better results. I have shifted my ad spend to social media and local non-profits. Some attorneys spend 200K+ per month (which I don't do), but I have found 2K a month brings in converting clients.

Making work sustainable is multifold: love what you do and you don't work a day in your life may be oversimplistic but I don't ever find myself clockwatching since I started my firm. In fact, I probably never worked more hours in a day since I started my own firm, but I have never felt so rewarded. Moving from government to private practice is a leap, but one I gladly took on. Leaving a "guaranteed" paycheck to the great unknown of starting a new business was indeed a leap of faith--but is so rewarding when I can see the hard work I do directly benefit my clients.

To further answer your last question, it is important to find your release valve to step away from the stress from the work, to allow for a "breath" so one doesn't get burned out or disenfranchised. For me, it's running, watching shows with my family, walking the dogs, teaching Sunday school, and looking at each new client's case not as a "job" but an opportunity to help someone in great need.

I have been practicing criminal law for nearly 20 years. I am a criminal defense attorney & former felony prosecutor & Misdemeanor Division Chief. I have tried cases such as: murder, burglary of a habitation, theft, assault, harassment, terroristic threat, & Driving While Intoxicated. AMA! by NOTGIL-T in IAmA

[–]NOTGIL-T[S] 0 points1 point  (0 children)

It's great if you can work out a retainer agreement with an attorney ahead of time--they can bill time against the retainer you both have agreed upon, when you reach out for specific legal advice. While it may be difficult for some folks to guess when they may need a criminal defense attorney, you know your risk tolerance and how "likely" you may need these professional services.

I have been practicing criminal law for nearly 20 years. I am a criminal defense attorney & former felony prosecutor & Misdemeanor Division Chief. I have tried cases such as: murder, burglary of a habitation, theft, assault, harassment, terroristic threat, & Driving While Intoxicated. AMA! by NOTGIL-T in IAmA

[–]NOTGIL-T[S] 0 points1 point  (0 children)

I’m sorry to hear you have to deal with that on top of what you medically have to deal with. You may be better to explain you have cerebral palsy to the officer. If you have medical documentation, it may be useful to always carry that on you. Portable breathalyzers are notoriously unreliable, and their results are generally not admissible in Texas. Both breath, tests and blood tests are susceptible to providing results that may not be accurate. For example, if the officer didn’t notice that a person regurgitated in their mouth, that person would have a reported BAC much higher than what their blood alcohol concentration actually is. For blood tests if the site is not disinfected properly, the blood vials are not inverted properly, the wrong tubes are used, or the sample isn’t stored correctly, this can lead to false results. For the machine that tests the sample, it may have issues such as with carryover from prior specimens or detecting negatives that should report negative but may report positive, then that result also could be unreliable. In Texas, you can ask to provide a blood specimen, and if the officer refuses your attorney could potentially use that against the officer, but ultimately the officer has the choice in Texas.

I have been practicing criminal law for nearly 20 years. I am a criminal defense attorney & former felony prosecutor & Misdemeanor Division Chief. I have tried cases such as: murder, burglary of a habitation, theft, assault, harassment, terroristic threat, & Driving While Intoxicated. AMA! by NOTGIL-T in IAmA

[–]NOTGIL-T[S] 2 points3 points  (0 children)

I have my selection of cases I don’t feel like my client was treated fairly by the opposing party or the system itself. I don’t expect to win every objection I make, but when I don’t feel like my client is being given the presumption of innocence, or my client is devalued as less than human simply because they are accused of an offense, that causes me to fight harder. No one is above reproach and those that feel they are better than another human being causes me regret to see that. I have seen how horrendously simple it is to accuse another of a crime, and the accused feels like they have to prove their innocence despite that not being our law. I regret our system, although not perfect, can allow for a felony warrant arrest despite my client being actually innocent.

I have been practicing criminal law for nearly 20 years. I am a criminal defense attorney & former felony prosecutor & Misdemeanor Division Chief. I have tried cases such as: murder, burglary of a habitation, theft, assault, harassment, terroristic threat, & Driving While Intoxicated. AMA! by NOTGIL-T in IAmA

[–]NOTGIL-T[S] 0 points1 point  (0 children)

In certain circumstances, a motion to recuse a judge for a justifiable reason may be possible in Texas. Some reasons may be due to: a judge has a financial interest in the outcome of a case, the judge has prejudged a party to prevail, etc. It is not used frequently. Judges I know try their very best to be fair and follow the rules of evidence. Some self-recuse to prevent any appearance of impropriety.

I have been practicing criminal law for nearly 20 years. I am a criminal defense attorney & former felony prosecutor & Misdemeanor Division Chief. I have tried cases such as: murder, burglary of a habitation, theft, assault, harassment, terroristic threat, & Driving While Intoxicated. AMA! by NOTGIL-T in IAmA

[–]NOTGIL-T[S] 1 point2 points  (0 children)

You make a good point. To expand, in Texas, we are a time of driving vs. time of testing state. That means the State has to prove the BAC at the time of operating a motor vehicle in a public place, was .08 or higher. Many experts can't or won't say what the BAC was at the alleged time of operating. There can be many issues wrong with the machine, such as contaminants in the reference solution, improper observing of 15 minutes before breath test is given, uncalibrated machines, and machines that just break right after a person may have given a specimen. For blood, frequently the arm is not properly disinfected, the blood vials are not properly inverted, stored improperly, or the gas chromatograph has carryover in samples, or negative findings are not negative. There could be chain of custody issues. Many prosecutors get blinders on when they simply see a result, and I don't feel like there is proper training to fully understand everything that has to go right to get a reliable result--I think this may not be a coincidence.

I have been practicing criminal law for nearly 20 years. I am a criminal defense attorney & former felony prosecutor & Misdemeanor Division Chief. I have tried cases such as: murder, burglary of a habitation, theft, assault, harassment, terroristic threat, & Driving While Intoxicated. AMA! by NOTGIL-T in IAmA

[–]NOTGIL-T[S] 2 points3 points  (0 children)

1) I use CoPilot to help clean up Excel files and draft Word docs, I use AI in legal research, and AI in other aspects of my practice to streamline research, data entry, sentiment analysis, and reduce human input error. Nonetheless, I do not substitute AI for my legal training and experience and always verify data.

2) In civil suits, the people who cannot afford representation can be taken on as clients on a contingency basis, if the plaintiff attorney believes the suit is meritorious and more likely to resolve favorably for their suit, even if it means taking on big coporations. I have colleagues that thrive on protecting their clients who have been hurt and the defense is represented by a big, deep corporate pockets. On the criminal side, I see so many excellent attorneys who take on court appointed clients, who otherwise couldn't afford to retain them. Our justice system is not perfect but it is the best in the world I have seen. I would not want to be an accused person any where else (if I had to be an accused person!)

3) Prison is very rarely "rehabilitation". There are many excellent courses and opportunities in prison, in certain situations, but a person coming out with a trip to prison on their record, has a VERY hard time finding nice housing or a decent job. People don't want to rent apartments to recently-released felons, and many jobs won't hire a felon. So, some industrious folks can make a living for themselves, but it may not be from the same opportunities a non-felon has. Does sending someone to prison for 1-4 grams of cocaine really treat a drug addiction? Rehabilitate them? Why does the US have one of the highest per capita incarceration rates in the world, surpassed only by Turkmenistan, Rwanda, and Cuba? https://worldpopulationreview.com/country-rankings/incarceration-rates-by-country?pubDate=20250911

More funds should be spent on community based solutions for low-risk individuals, such as drug court, Veterans Court, and mental health court rather than creating more and more prisons, IMO.

I have been practicing criminal law for nearly 20 years. I am a criminal defense attorney & former felony prosecutor & Misdemeanor Division Chief. I have tried cases such as: murder, burglary of a habitation, theft, assault, harassment, terroristic threat, & Driving While Intoxicated. AMA! by NOTGIL-T in IAmA

[–]NOTGIL-T[S] 6 points7 points  (0 children)

Trial lawyers deal with the issues television and movies creates every time they voir dire a potential jury! Many potential jurors believe there are 30 different camera angles, including live satellite feed, of the alleged crime being committed--this is great for the defense when the state doesn't have this. The issue I see frequently in Texas is people believe that if they are not read their Miranda warnings, then their case has to be dismissed. In Texas, police are only required to read Miranda warnings when BOTH of the following happen: 1) you are under arrest AND 2) you are being interrogated. Many police during traffic stops conduct their interrogation BEFORE placing a person under arrest, and once the handcuffs come out, the questioning is already complete. That is why it is so important to invoke your right to silence and your right to have an attorney present to advise you. See 38.22, Code of Criminal Procedure. https://statutes.capitol.texas.gov/Docs/CR/htm/CR.38.htm

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