Texas Criminal Lawyer Blog

According to the Fifth Amendment of the U.S. Constitution: “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury.”

That grand jury referred to in the Constitution must consist of between 16 and 23 people empanelled to listen to evidence presented by a federal prosecutor to determine whether evidence exists to charge a person with violation of a federal crime. (Typically a felony).

Basic differences between grand juries and trial juries

o Unlike trial juries, also known as petit juries, grand juries do not determine whether as person is innocent or guilty of the crime. All they do is determine whether the prosecution has shown there is “probable cause” that a crime was committed and that a particular person or person probably committed it.

o Jurors are not screened for biases like they are in typical trials.

o Also, unlike in typical trials, jurors themselves can ask questions to witnesses. Sometimes the jury foreperson will ask questions after a prosecutor has finished with a witness. Other times, jurors will ask prosecutors to ask questions for them.

o With grand jury proceedings, the prosecuting attorney presents evidence directly to the jurors -- there's no judge around, so no objections can be raised.

o The deliberations are done in secret. The only people generally allowed inside the grand jury room include: the prosecutor, the witness being examined, the jurors and a court reporter (and, possibly, an interpreter).

o If the jury finds that there is a probable cause that you did commit the crime, they issue what’s known as an indictment. This is a piece of paper prepared by the prosecutor which sets forth the legal charges against the person indicted.

o A grand jury indictment is needed before someone can be prosecuted for a federal criminal charge. Grand juries also exist in states, but only about half of states use grand jury systems.

The Prosecutors’ Ballgame

In may ways, it’s the prosecutors’ ballgame. The prosecutor gets to pick what witnesses will be called and what kind of evidence to show the jury. The witness’s attorney will have to wait outside the room. The witness can consult with his or her attorney.

Prosecutors can subpoena nearly anyone to go before a grand jury -- even without probable cause that that person has significant information about the case. And the person subpoenaed must answer questions asked by either the prosecutor or the jurors, unless the person can invoke a privilege, such as Fifth Amendment self-incrimination protection; lawyer-client privilege; or marital privilege.

There is no attorney allowed in the Grand Jury room. In federal cases, the attorney may wait outside the Grand Jury room and the witness may leave the room to confer with his or her attorney during the proceedings.

Help with Federal Criminal Charges

If you or a loved one stands accused of a federal crime, you must to find an experienced federal criminal defense attorney to represent you and advise you about how to best handle these very serious charges.

Posted by Michael J. Brown | Permalink | Email This Post

Posted In: Federal Crimes

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I represent a lot of folks stopped at the Sierra Blanca, Texas checkpoint on IH 10 about 100 miles east of El Paso. I seldom if ever get a chance to talk to someone beforehe or she is arrested. If I did, here is what I would tell them:

If you’ve been arrested at the Texas-Mexico border, or at a “functional equivalent of the border” like the U.S. Customs/Border Patrol checkpoint on IH-10 at Sierra Blanca, Texas, -- here are some things to do, and not to do:

1. DO NOT talk to the border patrol or other law enforecement officers about the facts of your case, period.

The U.S. Constitution grants you the right to remain silent. If you do start talking, the comments you say can be used against you in court, and even seemingly innocent things that you say can come back to haunt you. You have to identify yourself, and produce identity information such as a driver's license or passport. Other than that, keep quiet!

Exceptions apply, however. If a judge orders you to answer questions, you must. And if you are not a United States’ citizen, at a border, law enforcement officers can require that you answer whether you have the permission to enter or come back to the United States.

2. DO note if officers stopped you explicitly because of your gender, religion, race, or ethnicity.

Customs officers can stop, search and detain anyone at the border, but they CANNOT do searches based solely on your religion, ethnicity, race, or gender.

3. DO NOT resist arrest or tell the officers they lack probable cause to arrest you or search your vehicle.

Resisting arrest or fleeing from officers can only get you into more trouble and can lead to separate charges, even if you’re ultimately cleared for the offense you’re being arrested for. Stay calm, keep your head, and contact an attorney as quickly as possible to help you deal with the border crime charges.

4. DO realize that many different kinds of officers can stop, search, and detain you.

A wide variety of Federal and state law enforcement agents work at the Texas-Mexico border or near checkpoints like Sierra Blanca, Texas. They include (but are not limited to):

o Homeland Security
o U.S. Immigration &Customs enforcements agents (ICE)
o DEA
o Joint Terrorism Task Force
o FBI
o Texas Department of Public Safety (DPS) troopers

5. DO NOT forget to write down any pertinent information about your stop, search, or arrest as soon as possible after the events
.
Memory is tricky. Details that may seem crystal clear in your mind can change or warp or disappear. That’s why eyewitness testimony is notoriously unreliable. So jot down details ASAP before they blur in your mind. For instance, write down any direct quotes you remember. Write down your recollections of the entire incident from beginning to end.
If any officer mistreated you or acted outside the law in any way, note that. Write out the sequence of events that occurred, so you and your attorney can look over what happened carefully and use the timeline reconstruction to aid your attorney in your defense.

6. DO NOT make panicky, rash decisions in the wake of your arrest or stop.

All too often, people who get arrested compound their problems by making panicky phone calls to relatives, admitting things that they shouldn’t to the police, bargaining inappropriately with the police, or even trying to flee arrest.

Again, be mindful of the longer-term consequences of these actions. If you behave appropriately and locate a reputable lawyer who has experience with border stops such as Sierra Blanca, you will be served much better.

Posted by Michael J. Brown | Permalink | Email This Post

Posted In: Drug Offenses

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The Hudspeth County courthouse in Sierra Blanca, Texas continues to do a booming business by virtue of its strategic location near the Federal checkpoint on Interstate 10 just a short distance away.
Sierra Blanca's checkpoint is known as a "functional equivalent of the border"; this is due to its strategic location along the Mexican border just 15 miles from the Rio Grande--which enables the U.S. Customs and Border Patrol to search cars for drugs and illegal aliens without warrants or probable cause. Federal Law treats these checkpoints just like the border: all who stop are subject to being searched.
Recently, Customs agents with drug dogs have been patrolling the long lines of vehicles stretching for as far as 1/2 mile on some occasions. The dogs bump the cars with their trained noses,"alerting" when drugs or marijuana are detected; the drivers are then exited from their vehicles and the dogs enter the cars and narrow the search. Often entire vehicles are seen unloaded upon the ground, parts of their interiors strewn about the pavement.
Folks caught with small amounts of marijuana or drugs such as methamphetamine, cocaine, ecstasy, and other illegal substances are detained and then turned over the the Hudspeth County Sheriff for prosecution under Texas law.
Larger amounts of drugs and very large amounts of marijuana (usually over 100 lbs.) are referred to the Federal authorities and end up in Federal Court either in Alpine or El Paso.
Since I first started representing people in Sierra Blanca, the little town has sprouted 2 new motels, a few new restaurants, and a new Federal prison unit for illegal aliens detained here or awaiting deportation. Local Bail-Bondsmen make bonds for the arrested unfortunates, and the local sheriff impounds vehicles which are kept in private lots until their owners are bailed out, and can then bail out their automobiles.

Continue reading " Sierra Blanca Checkpoint in Hudspeth County, Texas is Still Doing a Booming Business " »

Posted by Michael J. Brown | Permalink | Email This Post

Posted In: Drug Offenses

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Whether you have been arrested for a federal Internet crime or tagged for illegal behavior while crossing the border from Mexico to Texas, you need a credentialed, results-proven attorney in your corner.

As you research the best lawyer for your case, consider these 7 reasons why to pick a former prosecutor to defend you.

1. Former prosecutors know how other prosecutors think.

Whether you settle out of court or go to trial, you ultimately must “go up against” a prosecuting attorney (or team of prosecutors). To joust effectively with these opponents, you need to know how they think. A former prosecutor can more easily “get into the heads” of those working hard to put you behind bars.

2. Former prosecutors boast a more well-rounded perspective.

A former prosecutor turned criminal defense attorney must understand the law “both backwards and forwards,” if you will. Different vantages give these lawyers a special and deeper understanding. Consider this analogy: choosing a golf coach. Ideally, your coach should know how to swing a club as well as how to teach others. A coach who has a perspective as both player AND coach will have an edge over coaches who spend their careers teaching but never playing in tournaments.

3. Most Judges respect experienced former prosecutors.

Judges see themselves as neutral arbiters of the law. Thus, they tend to respect attorneys who demonstrate a similarly equal-minded approach to the kinds of cases they take on.

4. Former prosecutors can "tell it like it is".

Sometimes, it helps to have a former prosecutor “tell it like it is.” For instance, let’s say your child was arrested for smuggling drugs over the Texas-Mexico border. You obviously want him to get a good legal defense. But you also want him to learn better behavior. A prosecutor-turned-defense-attorney can draw on personal anecdotes to “scare kids straight.”

5. Former prosecutors have seen both sides of the table

To work as both a prosecutor and a criminal defense attorney, you need to learn that much more about the law, its theory and its application. The more knowledge you have about criminal defense law, the more strategies and tactics you can pull out of your black bag.

6. Former prosecutors often know the prosecutors who will be trying your case.

Knowledge of your opponent is key to victory. If your attorney has worked with other prosecutors -- seen how they operate, seen what kinds of arguments they make and what kinds of opportunities they miss -- he or she you can build on this knowledge to great strategic benefit. Think about great performers in any domain. Before they go up against one another head-to-head in a tournament, they study each other closely. A chess player, for instance, will pore over his opponent’s games for weeks prior to a championship match. Trials can be similar. Thus, any insight your attorney has into the personalities of the opposing counsel can help you.

7. Former prosecutors often turn to criminal defense work because they have empathy.

Too many attorneys these days do what they do strictly for financial gain. Of course, every attorney in some sense is profit-minded. But ideally you want a lawyer who has chosen a career in law out of a desire to right the wrongs in the world and to defend those who are unjustly or wrongly accused.

Posted by Michael J. Brown | Permalink | Email This Post

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What does it mean to be Board Certified in Criminal Defense by the Texas State Bar?

In a word, it means an attorney is credentialed. The Supreme Court of Texas created the Texas Board of Legal Specialization in order to recognize levels of expertise in certain areas of the law.
The Board, whose members are appointed by the President of the Texas State Bar, administers the certification program. If you want more information about the Board, you can call 800-204-2222 or 512-463-1454.

Requirements of Certification

An attorney must do the following to get the certification:

• Demonstrate detailed knowledge of Texas and federal constitutional law as well as penal laws and evidence and procedural rules
• Have practiced law for 5+ years
• Have practiced criminal law, specifically, for 3+ years
• Have handled an array of criminal cases
• Pass a rigorous examination given by judges and other lawyers
• Successfully complete a full day written exam
• Keep up with continuing education by attending seminars

How long does the certification last?

The first time an attorney is certified, it is valid for five years. But each attorney must reapply to be re-certified every five years. This means maintaining educational requirements, practicing law, and passing rigorous peer review from other lawyers and judges.

How can you tell whether an attorney has been Board Certified to practice Criminal Law in Texas?

Only attorneys who have gone through the rigorous training and testing are allowed to advertise that they have been Board Certified in Criminal Law by the Texas Board of Legal Specialization.

Can a non-Board Certified lawyer handle your case?

Of course. However, given the stakes you face – and the potential punishments you might endure if you are convicted, which can include jail time, huge fines, strict probation terms, and a loss of other privileges – it generally behooves a defendant to work with someone who has demonstrated proficiency in Texas criminal law and procedure. A credentialed attorney who understands the law both in theory and in practice -- and who has won the approval not just of judges but also of his or legal peers -- will generally be more capable of developing an intuitive, innovative defense for you.

Posted by Michael J. Brown | Permalink | Email This Post

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Five Common Types of Internet Crimes

Internet crimes run the gamut from dizzyingly technical phishing attacks to salacious matters involving pornography and online sex.

This article will examine Five common types of online crimes.

1. Fraud schemes

According to the Internet Crime Complaint Center (also known as the IC3), the biggest web fraud crime (44%+ of fraud cases) is auction fraud. This involves duping victims through services like eBay. Other kinds of fraud include:

o Confidence fraud
o Online bank fraud
o Credit card fraud
o Failure to deliver merchandise

2. Sexual/pornographic Internet crimes

Possessing, distributing or producing sexual images of children under the age of 18 can be punished swiftly and brutally. Prosecutorial crackdowns do catch legitimate offenders; however, innocent people who make small errors in judgment and wind up in possession of illegally obscene material can get caught up in the net as well.

3. Identity theft-related Internet crimes

Spam and scam artists siphon tens of millions of dollars from web users annually. One popular crime is called spoofing (a.k.a. phishing). In this crime, a person sends a fake e-mail that appears to be from a legitimate business to trick the victim into giving away personal information, such as a Social Security or credit card number.

Hacking is another kind of identity fraud. A malicious user breaks into a computer system and uses the unauthorized access to commit further crimes, such as stealing from an online bank account.

4. Cyberstalking/harassment

Cyberstalking can be considered legally equivalent to real world stalking -- and can be punished accordingly. The following could constitute cyberstalking:

o Sending unwanted e-mails to a person
o Impersonating someone in a forum or chat room
o Spreading lies or rumors about someone on the web

Online harassment is a sister crime. The following could constitute harassment:

o Sending repeated annoying emails to someone
o Threatening someone physically in an e-mail or chat room

5. Online investment fraud

Online fraud crimes can get very creative. A famous example is the Nigerian Letter Scam. The scam artist e-mails a victim, claiming to be a foreign businessperson or benefactor (e.g. a high-up in the Nigerian government). The rich foreigner is in desperate need of a small amount of cash to get out of a jam. The victim is encouraged to send that cash to an overseas bank account -- in exchange for a promise (never delivered, of course) of a big reward later on. Thousands of variations on the Nigerian letter scam exist.

If you or a loved one has been arrested for an internet crime (or any other federal crime), you may need experienced legal counsel to craft a savvy defense.

I am board certified in criminal law by the Texas Board of Legal Specialization. I has tried over 150 criminal cases -- in both federal and state courts. As a former prosecutor and FBI agent, as an experienced Federal Criminal Lawyer, I understand how prosecutors and judges think, and I use this perspective to develop powerful and surprising strategies for my clients.

Please read my website at www.micjbrownlaw.com to learn more about my credentials and philosophy.

Don’t let those burning questions keep you up at night. Get good answers and peace of mind - contact me at 325/574-2000.

Posted by Michael J. Brown | Permalink | Email This Post

Posted In: Federal Crimes

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