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 

Beer Me, Bro!

That’s Illegal, Right?

You’ve seen that guy drifting around downtown that drinks from the suspicious brown paper bag.  Everyone knows what he’s got in there.

Your first instinct says, “that’s illegal and someone should do something about it.”  However, statistically speaking, he probably isn’t breaking the law by drinking in public.

Under Texas Law, unless the city petitions the TABC to prohibit it, you can possess and consume alcohol in public.

Where Can the City Prohibit?

Upon a review of the Texas Alcoholic Beverage Commission’s website, the Commission attempts to clarify a very common misperception of the alcohol law and states, “Public consumption of alcoholic beverages is only prohibited where a city has specifically made it illegal.”

According to the Alcohol Beverage Code, a city may petition for the TABC to prohibit public consumption within its Central Business District.  The CBD is defined as a compact and contiguous geographical area of a municipality in which at least 90 percent of the land is used or zoned for commercial purposes and that is the area that has historically been the primary location in the municipality where business has been transacted.

Essentially, the CBD is the concentrated area of “downtown.”

Has My City Taken This Privilege Away?

Most likely, your city hasn’t stripped you of your privilege to have a beer on a sidewalk because as of this date, the TABC only lists 23 cities as having filed for this restriction.  If you follow the links, you’ll see their petitions including maps identifying their Central Business District.

Amarillo, Claude, College Station, Corpus Christi, Dallas, El Paso, Farmersville, Giddings, Groveton, Houston, Hubbard, Jefferson, McAllen, Rosenberg, San Angelo, San Antonio, San Marcos, Shamrock, Sinton South Padre Island, Taylor, Timpson, & Vernon.

Does This Mean Party Time?

Just like any good thing, someone is going to come along and mess it up for the rest of us.  I’ve said it before and I’ll say it again, “just because you CAN, doesn’t mean you SHOULD.”

It isn’t difficult for a city to file the petition to prohibit public consumption, and if it is proper order and cites that it is a risk to public health/safety, then the TABC shall (must) grant it “without further consideration.”

If you do decide to engage in any of the above activity, be prepared to suffer the wrath if you take it too far or do not comply with all applicable laws.  You should also be mindful of the times that consumption is allowed in your city.  (Standard vs Extended Times)

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

Matthew Harris Law, PLLC - Criminal Defense Division

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

Attorney@MatthewHarrisLaw.com 

(806) 702-4852 

www.MatthewHarrisLaw.com