Texas Criminal Lawyer Blog

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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Six Things Not to Do If You’ve Been Accused of a Federal Crime

1. Try to convince the arresting office that you’re innocent.

In the heat of the moment, you may think you can get a police officer to “be on your side.” But the more you talk, the more potential damage you can do to your case. You may inadvertently say something that can later be held against you. Even innocent admissions may come back to haunt you. Also, you are not going to be able to convince the officer to “let you go.” Remember your Miranda rights: “you have the right to remain silent” and “anything you may say may be used against you.” Take these rights to heart.

2. Resist, yell at, argue with, or run away from local police or Federal Agents

Assaulting a police officer or resisting arrest can lead to criminal charges -- even if you’re innocent of what you’re being arrested for. Bumping or pushing a police officer can get a simple misdemeanor charge jacked up to a felony charge, which is much more serious. Running away is also a big no-no. First of all, there’s almost no chance you would escape. (And what would you do next if you did?) Second, the police might use extreme measures -- including weapons -- to bring you under control. And do nottell the officer that he does not have probable cause for the search!

3. Allow the police to consensually search your automobile or home

Without a warrant or probable cause, officers in general may not conduct searches without your consent. It is your constitutional right to refuse a search of your home or automobile by Federal agents or local or state police officers. Whether or not you have something to hide is irrelevant.

4. Ignore court orders.

Fail to show up to a scheduled hearing or act inappropriately at court, and you can be held in contempt. Your defense can get much more difficult.

So dress well for court appointments, show up on time, and in general be composed about what you say and how you handle yourself. Simple acts of courtesy can make a more substantial difference than most people realize.

5. Be satisfied with a public Defender - or choose to defend yourself.

When you stand accused of a federal crime, knowledge is power. If you do not understand the federal criminal system and its rules, you can easily make errors that can cost you dearly. An experienced, credentialed, and strategically focused attorney can help you navigate the criminal justice system to good effect. Furthermore, an attorney of your choice is going to pay a lot more attention to you and your case.

6. Rush to make a decision about who should represent you.

Most people who stand accused of federal crimes want to get legal help right away -- as well they should. But in their zeal to find an attorney, clients often choose inappropriate counsel. Ideally, you want someone who has lot of experience with federal cases, someone who has successfully handled cases like yours in the past, and someone with whom you have a good rapport.

I represent people charged with Federal Crimes, and have been doing so for many years. What I have told you is a result of the mistakes made by others. I hope you are able to learn from their mistakes instead of from your own.

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

Posted In: Drug Offenses

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Sierra Blanca is the county seat of Hudspeth County, located in far West Texas. For a tiny little town of 535 people, Sierra Blanca has a very busy courthouse. The reason for all this courtroom activity is the proximity of the United States Border Patrol checkpoint on Interstate 10 a few miles to the west.

The Sierra Blanca Border Patrol checkpoint is considered a "functional equivalent of the border", which allows Border Patrol and U.S. Customs agents to conduct searches of all vehicles going east or west along Interstate 10.

All I-10 traffic is routed through the checkpoint area where drivers are routinely asked the same sort of preliminary questions directed to anyone crossing the border into the United States. If the questioning agent becomes suspicious, the offending automobile is directed to pull over into another area and a search of the vehicle is conducted. Sometimes drug dogs are used to assist the agents.

When drugs are found, most cases are referred to the state for prosecution. The larger quantities become the responsibility of the feds, and are turned over to the DEA for presentation to the United States Attorney in Alpine, Texas.

The smaller cases go to the little courthouse in Sierra Blanca.

Continue reading "Sierra Blanca, Texas has busy border patrol checkpoint" »

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

Posted In: Drug Offenses

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The United States Supreme Court returned two decisions this week which should result in more discretion for sentencing judges. Before these decisions, Federal District Judges were required to justify departure from The Federal Sentencing Guidelines, which were passed by Congress to limit the sentencing power of Federal Judges. One of the cases, Gall v. United States, involved a college student sentenced to 3 years probation for involvement in an ecstasy drug distribution ring. The Guidelines called for 30 to 36 months in prison. The United States Court of Appeals for the Eighth Circuit reversed this sentence, ruling that such an "extraordinary" variance required an equally extraordinary justification. Not so, said United States Supreme Court Justice John Paul Stevens; rather, he chided the court of appeals for failing to give deference to the District Court's "reasoned and reasonable decision." In other words, the Supremes told the lower appellate courts to lay off the trial judges and let them make their own sentencing decisions, and not to overrule them just because those decisions were outside the guidelines.

The other decision, Kimbrough v. United States, returned at the same time, overturned a 4th Circuit Court of Appeals' reversal of the sentencing District Judge's departure from the Guidelines based on his disagreement with the disparity in sentencing between crack and powder cocaine offenses. Justice Ruth Ginsberg reasoned that since Congress had not blocked recently amended guidelines lowering the penalty for crack cocaine, then judges should also have discretion to depart from the Guidelines themselves, and that it was not unreasonable for them to do so.

To add more to the mix, on Tuesday the U.S. Sentencing Commission voted to make retroactive their previous decision to lower the guideline sentences on crack cocaine offenders. This means that more than 19, 500 Federal prisoners will be free to seek reductions in their crack cocaine sentences.

I think these decisions will result in an increase in the ability of sentencing U.S. District Judges to sentence according to their own take on the entire set of facts before them; that is, the Guidelines will be but a single factor, and the judge can take many more factors into consideration in sentencing rather than blindly following the Guidelines.

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

Posted In: Drug Offenses , Federal Crimes

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