Here's Why You're Not Guilty

Your Arraignment

When you’re accused of a crime, at some point you’ll be brought in front of a Judge to make your plea. 

You don’t want to lie to the Judge, so you plan to plea Guilty.  What you do not realize is that you’re about to make a mistake that you’ll regret for years because you’re actually Not Guilty.

What Does “Not Guilty” Mean?

Contrary to what some TV personalities preach, pleading Not Guilty does NOT mean, “I didn’t do it.”  Heck, it doesn’t even mean, “I’m Innocent.”

Not Guilty simply means:

¨ “I want a chance to see the evidence against me before making a decision.” and/or

¨ “The Government has the burden, and I’m not doing their job for them.” and/or

¨ “I am presumed innocent and I’m not going to volunteer to be guilty.”

How Are You Presumed Innocent?

If you’ve watched Cops, you’ve heard the narrator say that “all suspects are innocent until proven guilty in a court of law.”

Well the problem with that is when you say until, then you presume that they will be proven guilty in a court of law at some point.  Well that’s just not how it works.

According to Texas Criminal Law, all persons are presumed innocent unless proven guilty.  At this stage of the proceeding, the State has merely pointed a finger at you and accused you of a crime and hasn’t presented ANY evidence against you, much less proved any guilt.

Will Pleading Not Guilty Get You More Punishment?

Absolutely not!  This might seem rude, but it is downright dumb to plead Guilty at your arraignment because you throw yourself at the mercy of a Court that you don’t understand.

This might seems surprising, but THE JUDGE DOES NOT WANT YOU TO PLEAD GUILTY AT YOUR ARRAIGNMENT!  I hate using all-caps, but it is that important.  The Judge will likely even tell you that it is a good idea to consult with an attorney first and highly recommend against pleading Guilty at your arraignment.

It’s like going to the Judge and saying, “I did it, I need to be punished, please punish me!”  If I hadn’t seen this happen with my own eyes, I wouldn’t believe it; but trust me, pleading Guilty at your arraignment is the fastest way to get the maximum sentence.

Simple Math/CliffsNotes

In case none of the above is sinking in, or perhaps you want CliffsNotes for your upcoming arraignment, here it is in a nutshell.

Plead Not Guilty + Consult with your Attorney = Protect your Rights

--Authored by Matthew L. Harris, Esq.,

Matthew Harris Law, PLLC  - Criminal Defense Division

1001 Main Street, Suite 806, Lubbock, Texas, 79401-3322

Tel: (806) 702-4852 | Fax: (806) 576-1318

Attorney@MatthewHarrisLaw.com 

Non-Police Interrogations

Use of Interrogation

When the police interrogate you, they must inform you of certain rights (remain silent, attorney, etc.), but not all interrogations are performed by police.  Sometimes interrogations are performed by store employees, your boss, or even a neighbor, and they aren't required to inform you of your constitutional rights. 

However, even though the police aren't conducting these interrogations, and you haven't been informed of your rights, confessions obtained in this manner can still be used against you in a criminal trial.

The Confession

Let's imagine you are shopping with a friend, and unbeknownst to you, the friend decides to shoplift.  As you are leaving the store, an employee grabs you both and takes you to an interrogation room.

Part of their interrogation includes a "Civil Recovery Form" where they list the things that they suspect you or your friend of taking and have you sign it.  At the bottom of this form is a small disclaimer that says that you understand that this form "will be used in criminal prosecution."

It amounts to a written confession and is very persuasive to a jury. 

Officers, not Police

As merchants, they do have a limited power to detain you if they suspect you of shoplifting, but you're better off demanding that they call the police instead of letting a retail employee convert your words into a report, coerce you into signing it, and then letting a jury of your peers decide your fate upon hearing it.

The Loss Prevention Officers are not Police Officers.  They are merely private citizens and you do not have to talk to them any more than you have to talk to a neighbor that accuses you of stealing his newspaper.  On that same note, your neighbor doesn't have to inform you of your constitutional rights before attempting to interrogate you.

The Solution

The person in the best position to protect your rights is you.  Know your rights and do not be afraid to exercise them regardless of whether it is a retail employee, your boss, or the police.  After identifying yourself; Remain Silent, Do Not Consent to Searches, and Demand Your Attorney Be Present During Any Questioning.

--Authored by Matthew L. Harris, Esq.,

Matthew Harris Law - Criminal Law Division

1001 Main Street, Suite 806, Lubbock, Texas, 79401-3322, 

Attorney@MatthewHarrisLaw.com 

(806) 702-4852

www.MatthewHarrisLaw.com

Texas No-Refusal Weekend

Refuse What?

For the first time in history, an entire state, Texas, will implement the "no-refusal" policy concerning suspicion of Driving/Boating While Intoxicated.  This policy is regularly implemented at the city or county level during holiday weekends, but over the 2011 4th of July weekend, the entire state will implement this policy.

Texas DWI Law

In Texas, if you are suspected of being intoxicated while driving or boating, you can be asked to perform a Breathalyzer Test.  If you register .08 Blood Alcohol Content (BAC) or higher, then you are presumptively impaired and arrested on Driving/Boating While Intoxicated.

You can refuse to submit to this test, but you will automatically lose your driver's license for 180 days just for refusing.  However, some people see it as a gamble to get out of a DWI/BWI conviction because there will be one less piece of evidence to use against them at trial.

Blood Warrant

In Texas, if you refuse to submit to a breathalyzer test to determine your BAC the police must obtain a warrant to draw blood and have it analyzed to determine your BAC.

This weekend, starting at 6pm, Friday, July 1, and ending at 6am, Tuesday, July 5th, all Texas police departments will have a Judge or Magistrate on standby to expeditiously sign these warrants so that police can obtain a blood sample from anyone that refuses to submit to the breathalyzer test.

Safety

The most important thing to take from this is that drinking and driving/boating is stupid and will get someone else, or yourself, killed; so don't do it.  

If you choose to refuse a search, do so respectfully, but be ready for a needle stick in your arm.  If you get arrested though, don't expect to call a mulligan and just give up driving for 6 months because the police will be cracking down.

--Authored by Matthew L. Harris, Esq.,

Matthew Harris Law - Criminal Law Division

1001 Main Street, Suite 806, Lubbock, Texas, 79401-3322, 

Attorney@MatthewHarrisLaw.com 

(806) 702-4852

www.MatthewHarrisLaw.com

New Texas Boating Laws

To properly kick off Summer 2011, I know many of you will do it by taking to the lake.  Before you hit the water, you should know that your Texas Legislature has recently (as in, over the past couple of weeks) passed new laws specifically for boaters. 

Castle Boat

As we discussed in our last blog, carrying a handgun in your motor vehicle isn't illegal if you meet the simple requirements.  If you're lost, then it's because you didn't read last week, so go do that now.

When you return, you'll be happy to know that HB 0025, which allows the same handgun carrying requirements to "watercraft,"  has been signed into law, but you'll be disappointed that it doesn't go into effect until September 1, 2011.

Wearable Life Preserver

HB 0308 has been signed into law and is effective immediately.  It requires your motorboat to carry at least one "wearable personal flotation device" per person.

Fishing License Exemption

HB 0550 has been signed into law and is effective immediately.  It provides an exemption for the necessity of a fishing license for a resident whose birthdate is before January 31, 1931.

Jet-Skiing 13 year-olds

HB 1395 has been signed into law and is effective immediately.  It reduces the minimum age for operating a "personal watercraft," from 16 years old to 13 years old.

Previously, even persons 16 years of age had to have completed a boating safety course, but it appears that the new law has removed that provision for 13 year-olds.  It also provides guidelines for the operation of a personal watercraft for persons under the age of 13.

Boating in Circles

HB 0596 has been signed into law and is effective immediately.  The old law prohibited boating in a circular course around fishermen or swimmers.  

The new law adds a prohibition on operating a personal watercraft, in addition to boats, in that circular course.  It also adds a prohibition on the circular course around "waterskiing or a similar activity." 

However, it does carve out an exception for making a circle to retrieve a downed or fallen water-skier, or person engaged in similar activity.

Safety

This is far from an exhaustive list on the new boating laws, and there  are others that directly address safety and even one regarding boating accidents.  Stay safe out there on the water and as always, use a little common sense.  

If you have more questions about new legislation or you've been cited for a boating offense, please call your attorney because no website or blog, even this one, is a replacement for individual legal counseling.

--Authored by Matthew L. Harris, Esq.,

Matthew Harris Law - Criminal Law Division

1001 Main Street, Suite 806, Lubbock, Texas, 79401-3322, 

Attorney@MatthewHarrisLaw.com

(806) 702-4852 

www.MatthewHarrisLaw.com

Can I Carry a Handgun?

No Permit? No Problem!

Most people think that unless you have a Concealed Handgun Permit, you're not allowed to carry a concealed handgun.  That assumption is incorrect. 

Some people think that you must be traveling between counties to carry a concealed handgun without a permit.  That assumption is incorrect as well.

Below, we'll discuss the Texas Law as it applies to both situations.

Old Law

The old law in Texas, and the one that I still hear referred to at least a couple of times a month, required you to be "traveling" to carry a handgun in your vehicle without a permit, but it didn't exactly define "traveling" and led to much confusion.

The current law is much more lenient to you as the gun owner.

Who Can't Carry a Handgun?

Let me be clear, if you are prohibited by law from carrying a firearm, you may not carry a handgun.  If you're a member of a criminal street gang as defined by Texas Penal Code 71.01, you may not carry a handgun.  If you are engaged in criminal activity (other than Class C Misdemeanor traffic offense) you may not carry a handgun.

When Can You Carry a Handgun?

If you are on your own property, you can carry your handgun.  If you are directly en route between your property and your motor vehicle, you can carry your handgun.  If you are in your motor vehicle, you can carry your handgun; even while driving.  However, your handgun must NOT be in "plain view."

New Law Coming Soon?

A possible addition to this law is currently before Governor Perry, but has not been signed as of the date of this publication.  House Bill Number 25 (HB0025) would amend the law to include and treat watercraft like motor vehicles regarding the possession of a handgun.  I will update when more information becomes available.

Where Can You Carry a Handgun?

Well, I'd tell you that it's easier to tell you where you can't carry a handgun, but there are a great number of places that you can't carry a handgun such as airports, schools, polling places, liqour stores, and many many more.  The list is quite extensive and far too complicated to try to explain in this blog.  I invite you to read the list for yourself; Texas Penal Code § 46.03

Should You Carry a Handgun?

This is a judgment call by you and no one can make this decision for you or tell you whether it is a good idea.  Just because you have the right to do something, doesn't mean that you should do something, (see Westboro Baptist "Church").

My opinions on this matter aren't binding on any Judge and the law may change, as it often does, rendering this opinion incorrect.  If you have any questions about the law, there is no replacement for individual legal counseling provided by your attorney because an internet article cannot apply your specific facts.  Consult with your attorney if you have any questions.

Source - Texas Penal Code § 46.02

--Authored by Matthew L. Harris, Esq.,

Matthew Harris Law - Criminal Law Division

1001 Main Street, Suite 806, Lubbock, Texas, 79401-3322, 

Attorney@MatthewHarrisLaw.com

(806) 318-8482 

www.MatthewHarrisLaw.com