Category: Houston Criminal Defense

Scheiner Law Group is a premiere Houston criminal defense firm specializing in DWI defense. Learn more about how we can help you win your criminal defense case in Houston.

Another Case Dismissed | Lack of Reasonable Suspicion for the Stop and Insufficient Evidence of DWI

Grant M. Scheiner

Another Case Dismissed | Lack of Reasonable Suspicion for the Stop and Insufficient Evidence of DWI

Posted on by Grant Scheiner

This week we were glad to see another one of our clients’ cases dismissed. Our client (I will call her Maria) was arrested a few months ago by the Jersey Village Police Department. Maria was coming home from a party and tried to take a shortcut through a parking lot that, according to police, was in an area known for drugs and prostitution.  The police, who were monitoring the area, saw Maria trying to take the shortcut and pulled her over. When the officer approached Maria’s vehicle, he told her (surprisingly) that she was being stopped because of the area she was coming from.  Maria was then asked to step out of her vehicle, given standardized field sobriety tests, and arrested for DWI.

There were several problems with this case that highlight the need for hiring an experienced attorney in any DUI or DWI case. First of all, the police had no valid reason to stop Maria. Coming from an area known for high crime “without more” is simply not a valid reason to pull someone over. Stopping someone in this case does not meet the requirement of reasonable suspicion, and we were determined to get the case dismissed for this reason.

Additionally, there were problems with the State’s DWI case against Maria. The officers who administered the field sobriety tests did so incorrectly for several reasons. For example, when officers administered the horizontal gaze nystagmus test (which tests for an involuntary “jerking” of the eye, supposedly after alcohol consumption) their lights on their cars were flashing. This may invalidate the test because it could create the illusion of jerking. But even if officers had administered the tests correctly, Maria did not appear intoxicated, and she declined to blow into the police’s breath test machine.

At our urging, the prosecutors in this case did the right thing and dismissed Maria’s case. But as in all of our cases, we were prepared to protect Maria’s rights and go to trial. DWI and DUI cases can be very specialized and it is important to hire a lawyer experienced in defending these cases who can spot problems with the State’s case, and who is prepared to go to trial. If you or a loved one is arrested for an alcohol related offense, the attorneys at Scheiner Law Group are an excellent choice.

DWI Lawyer in Houston, Texas

Grant Scheiner is a DWI/DUI lawyer in Houston, Texas. Scheiner Law specializes in a variety of cases including DWI/DUI, sex offenses, child sexual abuse, indecency with a child, child pornography, sexual assault, drug related offenses, embezzlement, fraud, white collar crime, and more. To learn more about drunk driving laws in Houston, contact one of our legal experts at Scheiner Law Group today.

Defending an Intoxication Assault Case

Grant M. Scheiner

Defending an Intoxication Assault Case

Posted on by Grant Scheiner

Defending an Intoxication Assault case requires a skillful DWI attorney and an experienced accident reconstructionist working hard to fight for your freedom.  Intoxication Assault is found in section 49.07 of the Texas Penal Code and is a third degree felony. (2-10 years in prison).  In order for the Government to convict  a person of intoxicated assault, it must prove:

1.) the Defendant was intoxicated;

2.) the Defendant caused seriously bodily injury to someone

3.) because of the intoxication

The first prong is nothing more than simple DWI defense.  In alcohol related accidents that cause serious bodily injury, the police are allowed to get a blood  specimen without a warrant or consent of the suspect.  It is important to have a lawyer who is familiar with the proper technique and standards for obtaining a blood specimen.  It may also be necessary to obtain the services of a toxicologist to properly interpret the blood test.  If the government cannot prove intoxication, then the case stops right there.  No criminal act.

The second and third prong are so interwoven, but I think it is helpful to discuss them separately.  The cause of a car wreck is something that civil lawyers have been arguing over in the civil courthouse since the invention of the automobile.  There are many issues to debate.  Oftentimes there are no witnesses to the accident other than the two drivers.  When both drivers are pointing the finger at each other, you may need an accident reconstructionist to determine whose testimony is supported by the physical evidence.  If the government cannot prove beyond a reasonable doubt the Defendant caused the accident, then the INTOXICATION ASSAULT case stops.  There may still be a misdemeanor Driving While Intoxicated charge that could stand on its own.

The third prong is the Defendant’s fault in the accident is “by reason of that intoxication.”  Sober motorists have car wrecks all of the time for numerous reasons such as being distracted, being in a hurry, not seeing someone in his blind spot, being unfamiliar with a roadway and the list can go on and on.  If a person is intoxicated, the knee-jerk reaction for law enforcement is to attribute the fault to the intoxication.  Admittedly, this is the hardest prong to defend, but it is possible for an intoxicated person to cause and accident and the cause of it not be related to intoxication.

The softball example is if a defendant is drunk as a skunk, driving down the freeway, and his car mechanically fails, such as power steering goes out, brakes fail to function etc. and he has an accident and another person suffers serious bodily injury.  Then what?  In that case, there is nothing more than a misdemeanor driving while intoxicated case.

— Matthew A. Skillern

Harris County Pre-Trial Intervention Program Process

Grant M. Scheiner

Harris County Pre-Trial Intervention Program Process

Posted on by Grant Scheiner

If you are arrested for Driving While Intoxicated in Harris County, Texas and are interested in the District Attorney’s Office Pre-Trial Intervention Program, the following will happen:

1. The District Attorney’s Office will evaluate your case.  This means that if the District Attorney’s Office finds that you are legally entitled to be in this country and that you have no prior convictions, you may be eligible for the Pre-Trial Intervention – PTI Program.

2. If the District Attorney’s Office states that you may be eligible for the program, then a meeting with a Harris County Probation Officer will be scheduled.

3. You will have to arrive at least an hour before the meeting time, because you will be asked to take a drug and alcohol evaluation and pay a $202 fee.  The interview with the Probation Officer lasts only about 15 minutes, but it is in your best interest to have an attorney present in the meeting.  After meeting with the probation officer, you will be asked to submit to a urine test.  If you fail the test, you will more than likely be disqualified from the Pre-Trial Intervention Program.

4. You will probably find out whether you have been accepted into the program before the next court date.

5. If you are accepted, then you will have to enter into a Contract with the Harris County District Attorney’s Office where you agree to, among other things, have Ignition Interlock installed in your car, attend a Pre-Trial Intervention orientation session, perform a specific amount of community service hours, report to your probation officer on a monthly basis, and not commit any crimes, excluding fine-only traffic violations.  The program can last from 1 year – 2 years, but you will be told about the exact duration of the Program before signing the contract.

6. After you, your attorney, and the prosecutor in your court signs the contract, then you will go before the Judge and give your plea of guilty.  If you fail to meet the conditions of the contract, the Judge may decide to take the plea of guilty you have already given an order you to go to jail and pay a fine.  He has the discretion, however, to place you on probation if he decides to do so.

7. If you successfully complete the PTI Program, then your case will be dismissed.

8. You may be eligible for an expunction 2 years after the dismissal of your case as long as you do not commit any crimes, excluding fine-only traffic violations.

Is the Harris County DWI Pre-Trial Intervention Program right for you?

Grant M. Scheiner

Is the Harris County DWI Pre-Trial Intervention Program right for you?

Posted on by Grant Scheiner

If you have questions about the Harris County DWI Pre-Trial Intervention Program, we certainly have answers.

The Pre-Trial Intervention Program is designed for first-time offenders.  Individuals who are charged with Driving While Intoxicated and have no prior convictions may be eligible for this program.

The Pre-Trial Intervention Program is a form of probation, lasting from a period of 1 year to 2 years.  If the participants in the PTI process successfully complete the program, then the Harris County District Attorney’s Office agrees to dismiss the case.  Then 2 years after the case is dismissed, a request can be made to expunge, or in other words, destroy, any records associated with that particular DWI case.  However, if a person in the Pre-Trial Intervention Program commits any offense, other than a fine-only traffic violation, during the 2 years after completing the program, then he may not be eligible to have the records expunged.

If you are in the PTI and successfully complete the program and it is dismissed, your criminal record will still indicate that you have a dismissed DWI case.  The charge will not be erased from your record simply because it has been dismissed.  The case must be expunged before your record can be clear from that particular charge.

The Pre-Trial Intervention Program is not right for everyone, because it is a long process, but there is a bright light at the end of the tunnel for those who wish to pursue it.

Vale la pena traficar drogas?

Grant M. Scheiner

Vale la pena traficar drogas?

Posted on by Grant Scheiner

De acuerdo con el periódico, The Houston Chronicle, arrestaron a dos mexicanos en Nuevo México el día del lunes, 21 de diciembre, debido al tráfico de drogas.  Jorge Sánchez y Felipe de Jesús Herrera-Gandara son acusados de transladar droga desde el oeste de Texas a Nuevo Mexico.  Despues de una confesión por parte de Jorge Sánchez, los agentes lograron confiscar 5 onzas de cocaina, cuyo valor es aproximadamente de $14,000.  Por el momento, Herrera-Gandara como Sánchez no han podido salir bajo fianza por problemas de inmigración.

En los últimos años se ha visto que más y más gente se está involucrando en el tráfico de drogas.  Esto en muchas ocasiones ocurre por simple necesidad económica y no por maldad.  Pero, desafortunadamente, el tráfico de drogas en los Estados Unidos, como en muchos otros países, es muy penado.  Dependiendo del tipo de droga, la cantidad, y otros factores, la máxima condena podría ser de pena perpetua.

Si usted necesita acesoría legal para cualquier tipo de caso criminal, no dude en llamarnos.

Sheriff’s Office fails to Protect and Serve

Grant M. Scheiner

Sheriff’s Office fails to Protect and Serve

Posted on by Grant Scheiner

According to the Houston Chronicle, friends and family of Oliver “Bubba” Bills, Jr. continuously called the San Jacinto Sheriff’s Office for help on Saturday, November 9, 2010.  Seven hours later, a squad car was dispatched to the Bills’ home, only to find Mr. Bills, his mother, his girlfriend, and her 4 year old daughter dead.  The Sheriff’s Office advised that only four squad cars were available on Saturday, and that a serious accident and another incident prevented them from sending a unit out to Mr. Bills’ home right away.

The Sheriff’s Office should concern itself with serving the community by providing timely aid, instead of finding excuses to defend itself when they don’t do their job.  We have all heard stories of calls that are never answered.  A couple of years ago, I called the non-emergency line, as the Bills did in this case, because of an altercation outside my home.  A group of people outside were arguing and fighting, and it appeared the outcome was going to be deadly, as some serious threats were said back and forth. I waited around for someone to show up after I made that one phone call but no one ever did.

The family and friends of Mr. Bills did not only call once asking for help; they called numerous times and for hours.  The Sheriff’s Office should understand that people call for help because they need it and that if they would have promptly answered these people’s call for help, 4 people would probably not be dead today.

Experienced Criminal Defense Attorney in Houston, Texas

Grant Scheiner is a criminal defense attorney in Houston, Texas, whose law firm specializes in a variety of cases including drunk driving, domestic violence, sex crime defense, sexual assault, drug related charges, Federal criminal law, and more. Contact Scheiner Law Group today to learn more about criminal law in Houston, Texas, and your legal options.

Former Katy Teacher Indicted for Possession and Promotion of Child Pornography

Grant M. Scheiner

Former Katy Teacher Indicted for Possession and Promotion of Child Pornography

Posted on by Grant Scheiner

Yesterday, the Houston Chronicle posted an article about a former Katy elementary school teacher, Stephen Sudduth, who was indicted for possession and promotion of child pornography.  According to this article, Sudduth had 57,000 images of child pornography and 1,000 videos of sex involving young children on his computer.

According to the Texas Penal Code, possession of child pornography occurs when a person has some type of visual material, including photographs and videotapes, showing a child under the 18 years of age engaging in sexual conduct.  Possession of child pornography is a third degree felony, which is punishable by 2-10 years in prison and/or a $10,000 fine.   Promotion of child pornography means that a person either promotes or is in possession of child pornography with the intent to promote it.  Promotion of child pornography is a second degree felony, and is punishable by 2-20 years in prison and/or a $10,000.

Law Firm Specializing in Sex Crimes in Houston, Texas

For more information on Texas laws regarding these types of cases and other sex offenses , contact a Houston sex crime lawyer at Scheiner Law today. Scheiner law specializes in indecency with a child claims, indecency with a child by exposure, child porn claims, sexual assault claims, indecent exposure claims, claims involving improper teacher student relationships, and more.

Arrestado e Ilegal: ¿Puede salir bajo fianza?

Grant M. Scheiner

Arrestado e Ilegal: ¿Puede salir bajo fianza?

Posted on by Grant Scheiner

Desafortunadamente, si usted ha sido arrestado debido a un caso criminal y aparte no tiene estatus para estar en los Estados Unidos, le va ser dificil salir bajo fianza.

En la mayoría de los casos, los detenidos tienen la opción de salir bajo fianza.  Sin embargo, en ciertos casos, algunos detenidos no pueden salir de la carcel bajo fianza.  Esto puede suceder si el detenido no tiene permiso de estar en los Estados Unidos, como, por ejemplo, cuando alguien entra al país ilegalmente o aunque haya entrado legalmente, tiene un permiso, o sea una visa, vencido.

Cuando alguien es arrestado, se le pregunta su estatus migratorio.  Si el detenido no tiene permiso de estar en este país, se le impone un ‘hold’ por inmigración.  Esto significa que la persona no podrá salir de la carcel bajo fianza hasta que este ‘hold’ sea levantado o a más tardar, que el caso criminal se resuelva.

Es indispensable tener un buen abogado si ha sido acusado de un delito.  Es aún más importante si su futuro en este país está de por medio.

 

“Not Guilty” Grant Scheiner Wins Prostitution Case

Grant M. Scheiner

“Not Guilty” Grant Scheiner Wins Prostitution Case

Posted on by Grant Scheiner

Our criminal defense law firm won an acquittal today in a Prostitution case. The jury was out 25 minutes before returning with a verdict of not guilty. Our client was a former employee of the Green Haven Spa in Houston. She was accused of offering sex to an undercover police officer in exchange for a fee.

In Texas, Prostitution is usually a Class “B” misdemeanor, punishable by a fine of up to $2,000.00, up to six (6) months in the county jail, or both a fine and jail time. Promotion of Prostitution is a Class “A” misdemeanor and Aggravated Promotion of Prostitution is a third degree. Compelling Prostitution – which is essentially compelling a person by force or threat of force to commit prostitution, or causing by any means a person younger than 17 to commit prostitution – is a second degree felony, punishable by two to 20 years in prison, plus a fine of up to $10,000.00.

In my experience these cases are very defensible. This is true whether the accused is a woman who allegedly works in an escort service, a massage parlor or as a “street walker.” Prostitution cases are also very defensible if the accused is a man who allegedly propositions an undercover female officer for sex in exchange for a fee. Many of these cases involve undercover audio tapes or surveillance video tapes. The tapes are usually of poor quality and can be challenged in court. When the police intentionally choose not to make an audio tape or video tape of the alleged transactions, jurors are often skeptical about whether the prosecution can prove its case.

Given that many prospective jurors express their opinion that prostitution should be made legal, some argue that the time has come for Texas and other states to begin considering the legalization of prostitution. So far, Nevada and Rhode Island are the only two states that have some type of legalized prostitution.

Bellaire Police Officer Jeffrey Cotton Charged

Grant M. Scheiner

Bellaire Police Officer Jeffrey Cotton Charged

Posted on by Grant Scheiner

The New York Times reports that local police officer Jeffrey Cotton has been charged in the shooting of Robert Tolan.  This story has made nationwide news and has even been the subject of an episode of Real Sports by Bryant Gumbel.

Jeffrey Cotton has an arraignment setting in the 232nd District Court of Harris County, Texas.  Cotton was indicted on April 6, 2008 for Aggravated Assault by a Public Servant.   This charge is a First Degree Felony and Mr. Cotton faces 5 years to 99 years and/or up to a $10,000 fine.

Most people know the story.  Robert Tolan, 23 year old black male was driving his own car to his parents home in an affluent, predominately white neighborhood.  For whatever reason Bellaire Police began to follow him and ran his license.  The officers misread the license plate by one digit and the car came up as stolen.  When Tolan pulled into his driveway, police approached him with guns drawn.  Hearing the commotion, his parents came outside in their pajamas.  Robert father, Bobby Tolan, a former major league baseball player, tried to explain to the officers that Robert was his son and this was his residence.  Furthermore, Bobby explained that it was his car his son was driving.  Bobby is forced against his vehicle.  Meanwhile, Robert and his cousin are on the ground as ordered by the police.  At some point, the officer grabs Mrs. Tolan and pushes her against the garage.  Robert Tolan stands up and says, “get your fucking hands off my mom.”

This is when the shot rings out.  Robert Tolan received a single gun shot wound to his stomach.  Disgustingly, the officer put Tolan’s parents in the back of separate police vehicles while EMS attended to Tolan.

So here we are.  I think the Bellaire Officer is going to have a tough time justifying his actions.  There is no excuse for shooting a man in his own front yard in front of his family, absent a threat of deadly force.

This whole story stinks.  The police had no reason to run the license plate in the first place absent a traffic infraction or some suspicious reason, other than the color of the occupant’s skin, that drew the officer’s attention.  Furthermore, when the owner of the residence tells you its his son and the family’s car, the guns should go back into the holsters.  That would have been a good time to apologize to the Tolan family, not shoot their son.