Archive for the ‘Criminal Law’ Category

Secret GPS tracking by police? Not without a warrant says the U.S. Supreme Court

Tuesday, January 24th, 2012

The Supreme Court on Monday unanimously restricted the police’s ability to use a GPS device to track criminal suspects in a first test of how privacy rights will be protected in the digital age.

The court rejected the government’s view that long-term surveillance of a suspect by GPS tracking is no different than traditional, low-tech forms of monitoring. But its decision was nuanced and incremental, leaving open the larger questions of how government may use the information generated by modern technology for surveillance purposes.

complete story from The Washington Post


Criminal defense attorney consultations

Thursday, February 10th, 2011

Criminal law is scary, and for most of my clients a brand new world they have never entered before (and hope to get out of as soon as possible).  I can’t tell you the number of times a new client looks like they are ready to pass out right in front of me when talking about their situation for the first time.

So before hyperventilating, take a moment to speak with a criminal defense attorney about your case.  What is the charge, the penalty range, the possible outcomes? What evidence does the state have against you? Is any of the state’s evidence tainted and cannot be used at trial? Was the police’s stop and subsequent arrest legal?

You owe it to yourself, your reputation, and your future, to talk to someone today about your matter.  If you wish to talk to me about your case, please feel free to call me at (713) 370-7100 or email me at In the meantime, please visit my website ( where you can preview some of the services I offer and get some insight about the matter.  Eric

To blow or not to blow…what the police don’t tell you about DWI breath tests!

Thursday, June 24th, 2010

Today, like too many days before, I got a call from a citizen acused of DWI (driving while intoxicated) who told me he gave a breath test when “the police officer told me I’d lose my driver’s license if I didn’t blow.”

Well, let’s set the record straight right now, in Texas, if you are under arrest for DWI, you will lose your Texas driver’s license EITHER WAY. Yep, that’s right, you will lose it if you blow AND you will lose it if you don’t blow.  But if you do blow, consider this: You are giving a sample of your breath that will be analyzed on a machine that is not even warranted for use on humans and that machine will NOT save your breath sample after you are done.  So if that magic black box gives a reading in excess of 0.08, you have just given the State of Texas evidence of your potential guilt, and that evidence cannot be retested for its accuracy, because the State destroys your breath sample.


Please understand, the technology exists to preserve that breath sample for later retesting, but Texas refuses to use it.

With respect to the countless other problems and fallacies of the breathalyzer, I don’t have the time or space to cover them all today, and maybe we can cover that in a future post.  But the point is this…when you give the police a breath test you are HELPING the State put you in jail and/or on probation, more easily suspend your Texas driver’s license, legally cause your auto insurance rates to double or triple, cost you thousands of dollars, and worst of all it puts you at risk for a conviction for DWI (and that conviction can never be expunged from your criminal record).  Now is the last, best opportunity to defend yourself and your good name.

I have a link to my DWI page at my website where I have an informational download regarding DWI penalities in Texas as well as the form you can complete and fax back to the DPS to request an ALR driver’s license hearing within 15 days of your arrest.  I would suggest you complete it as soon as possible if you have been arrested for DWI.  The link is at