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 

How to Prepare for a Consultation

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Your Frequently Asked Questions

For your Thursday post, I want to highlight one of the FAQ sections from the New Client Welcome Center on the main law firm webpage.

When should I make an appointment?

We recommend that you plan to make an appointment 2 days in advance.  This will give us greater flexibility in creating our schedule and allows us to prepare for our meeting.

If you have a pressing matter and need to meet sooner, we will do our absolute best to accommodate your schedule.

How should I dress for our meeting?

If you need to make an appearance in court, we’ll discuss your wardrobe; but until then just dress comfortably and avoid anything with offensive slogans or images.

What should I bring with me?

Make sure that you bring all of the relevant documents that might help us to evaluate your case.  This includes any court documents, letters, pictures, reports, and medical records.

Bring the necessary documents so that you can fill out the Client Intake Form (Fig. 1).  Also, please bring any contact information you have for people that are associated with your case (both for and against).

Who else should come with me?

The Attorney-Client Privilege allows you and your attorney to discuss the gritty details of your case without fear of someone forcing your attorney to disclose anything you have revealed.

At Matthew Harris Law, we take the Attorney-Client Privilege very seriously and hold your information in the strictest of confidences.  If we allow people that aren’t directly related to your case, such as family members and friends, then you may inadvertently waive that privilege and your attorney could be forced to disclose what you have revealed.

So in an effort to preserve your rights, we ask that you not bring family members or friends to your meetings with us.  If you must bring someone else with you, then explain to them why they must sit in the waiting room instead of sitting in the meeting.

Are my children allowed to come to my meeting?

Because much of our practice is devoted to Family Law, we love spending time with kids and truly look forward to helping their legal situations. 

We aren’t like other law firms that prohibit children from the office, but we do encourage you to leave children with a caregiver, if they are not directly involved in the case, during your meeting so we can focus on your legal issues. 

Matthew Harris Law - New Client Welcome Center

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

Attorney@MatthewHarrisLaw.com 

(806) 702-4852 

www.MatthewHarrisLaw.com

You're Fired!

Fear Friday

Unfortunately, in this economy, getting fired/laid off/let go/etc. is happening at an alarming rate.  Maybe you thought you were doing pretty good work, or maybe you knew you it was coming.

Regardless, most people do not think they deserved being fired and ask me what their legal options are regarding wrongful termination.  Below, we’ll discuss this more in-depth.

“We find it’s always better to fire people on a Friday; studies have statistically shown that there’s less chance of an incident if you do it at the end of the week.” —Office Space

Texas Employment Law

Texas subscribes to the “at-will-employment” doctrine.  Essentially, this means that when you accept employment at a job, unless you have entered into a contract for different terms, you are guaranteed employment until you quit or you get fired, whichever occurs first. 

I bet you’re confused.  This doctrine gives you the freedom to quit for any reason you want, no matter how silly or outrageous.  Actually, you can even quit for no reason at all.  However, the other side of this freedom coin gives your employer the right to fire you for any reason, or even no reason at all.  Well, almost any reason, there are some limitations.

Reasons You Can’t Be Fired For

Obviously, our society is better served when we disallow businesses from engaging in discriminatory practices.  For that reason, an employer can’t fire you (or take any adverse employment action against you) based on your race, creed, religion, age, national origin, disability, possibly sexual preference, or other protected classification.

In addition, there are some Public-Policy Exceptions that employers cannot fire/act against you.  Your employer cannot fire you because you’ve been called for Jury Duty, because you filed a Worker’s Compensation Claim, for refusing to break the law for your employer, being a whistle-blower, or filing a discrimination claim.

How to Protect Yourself from Employment-at-Will

If you and your employer enter into an employment contract, then the conditions of your job will be governed by your agreement.  Most standard employment contracts outline that you can be terminated “for cause,” which means that they need a reason to fire you.

However, if you are contemplating bringing a wrongful employment lawsuit against a former employer, remember that the burden will be on you to prove that you and your employer entered into such a contract and the terms of the agreement. 

Most employers won’t agree to such a contract because they like the freedom of firing people at will.  But remember, even though you don’t have the luxury of an employment contract, be thankful that you even have a job right now in these difficult times. 

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

Matthew Harris Law, PLLC  - Business Law Division

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

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

Attorney@MatthewHarrisLaw.com 

How to Avoid Jury Duty

Know Your Enemy

You’ve probably heard the 12 people seated in the jury box referred to as being “too stupid to get out of jury duty.”

Rule #1 of warfare is to know your enemy so that you can defeat him.  Before I can teach you how to avoid Jury Duty, you need to learn the reasons that your valuable time is being wasted.  If you know the reasons for Jury Duty, then you’ll be better prepared for battle.

Why Do We Even Have Juries?

Many people forget that we didn’t always have jury trials in this country.  A long time ago, some people decided that they were tired of not having power over anyone so they started a ruckus against the guy that was in charge at the time.

At the time, he was responsible for the Court System and was doing everyone a favor since he oversaw it personally.  He was a great guy that even volunteered to be the Judge AND Jury.  He would sit at the head of the Court, listen to all of that boring evidence that we despise, and then issue a ruling.

Revolutionary War

Well, those people that didn’t like his style decided that they wanted to be the jury since they were super power-hungry and just wanted to finally be in charge of something for a change.

They didn’t ask us how we felt about it or even consider how we would feel about being burdened with these extra responsibilities.  In fact, I bet they didn’t even consider that some people liked the old system and wouldn’t want to be a juror.

So this ruckus that they started with the guy in charge turned out to be a big deal and even cost thousands of lives.  Literally, thousands of men died fighting for jury duty; stupid right?

The Outcome

Well, because of their selfish jury-loving ways, the main guy in charge that had volunteered to act as Judge and Jury got the boot.  Those stupid jury-lovers got what they wanted.

There wasn’t anything wrong with the old system.  I mean how much simpler could it get than to go to one guy for everything?  His ruling was final.  Appeal?  Forget about it!  I know some people got imprisoned if he was feeling especially grumpy that day, and sure he may have executed some people mistakenly, but that’s no reason for us to have jury duty.

So now that you know your enemy, the reasons we got stuck with jury duty, and the thousands of men that died thinking we wanted the freedom to govern ourselves, you’re ready to avoid jury duty. 

It’s this simple: just don’t go.  Sure you could go to jail, but in that case just demand a jury trial because those people will definitely be sympathetic to your pain...

 (*apply sarcasm and facetiousness liberally above)

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

Matthew Harris Law - Civil Litigation Division

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

Attorney@MatthewHarrisLaw.com 

(806) 702-4852 

www.MatthewHarrisLaw.com

Your Accident Prone Baby Business

A Dream Come True

When you were just a kid, you knew that you wanted one someday.  You talked about all of the great things it would do for you one day.  You even went as far as picking out a name.

We're talking about owning your own business of course.  However, just like a baby, new businesses are sometimes prone to accidents too.

Except, when your baby has an accident, you don’t lose sleep wondering whether you’ll be able to keep your house.

Cover Your Assets

If you’re considering owning, or if you already own, your own business, then you should consider protecting yourself from the liabilities of your business.  Otherwise, you may find yourself paying for a long time for a simple business decision.

Under Texas law, you can organize your business structure in a manner that protects you personally from the debts of your company.  Some of these structures are: Corporations (Inc.), Limited Partnerships (Ltd.), and Limited Liability Companies (LLC).

Selecting a business structure depends on your Management plan, long-term goals, investment options, and desired tax methods.  (Personally, I prefer paying fewer taxes)

How Bad Could it Be?

Let’s pretend for a moment that you’re considering opening up your own flower shop.  You enter into a 1-year lease for your storefront, you negotiate a contract for a steady supply of daisies, and you lease a billboard for advertisement.

Since you don’t want to waste time with limiting your liabilities, you decide to just start ordering everything with personal checks, signing leases in your name, and entering into contracts as an individual.

Unfortunately, business isn’t doing so hot and after a few months you have to close up your shop.  After closing the doors, your business mail starts showing up at your house and those companies are demanding that you are personally liable for the company’s debts since on paper, it just looks like you’re an eccentric individual with a serious flower addiction.

What Else Could You Do?

Let’s go back and imagine that before you started signing your life away, you organized as a Limited Liability Company (LLC).  Then, instead of signing your own name on all of those leases and contracts, you signed your company’s name as the responsible party.

Now fast forward to you closing your doors; it’s like the business was the one that entered into all of those obligations instead of you.  When the creditors come calling, they come looking to liquidate the company’s assets and not your personal assets.

Get yourself some protection from your baby and you’ll get a little better sleep at night.

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

Matthew Harris Law - Business Law Division

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

Attorney@MatthewHarrisLaw.com 

(806) 702-4852 

www.MatthewHarrisLaw.com

Trust Me!

Trusts Aren’t for Rich People

When I try to convince my family and friends that they should consider setting up a Trust Fund for their children, I always get the same reaction. 

That reaction is a puzzled look followed by, “What the heck are you talking about?  I ain’t rich!”

Most people are under the impression that a Trust is only needed if you have great wealth, but I realize the reason they’ve fallen under that belief is because they do not realize what a Trust is, or what the purpose is behind the creation of a Trust.

What is a Trust?

Very simply, a Trust is created when you give something to Person A (usually money), so that Person B can use it.  Person A, who manages and protects the thing given, is called the Trustee, and Person B, who gets the benefit of the thing given, is called the Beneficiary.

I got my son a piggy bank, (he calls it his “money pig”), and I occasionally put loose change into it.  With every dime I drop in, he tells me of all the things he’s going to buy, but I remind him that all of this money is for college.  The money pig is a Trustee, and my son is a Beneficiary.

When you create a Trust, you get to set the conditions on which the Trustee can give the benefits to the Beneficiary.  Just as above, I set the conditions so that my son only gets the benefits if he is using it for education.

Why Should I Create a Trust?

Most often, Trusts are created in a Will so any money that is passed on to heirs will have some management.  You wouldn’t give a teenager a big pile of cash and just tell them to spend it wisely would you?  Setting conditions on your terms creates security even when you’re gone.

A very common Trust scheme is the HEMS Trust, which allows the Trustee to provide benefits to the Beneficiary for Health, Education, Maintenance, and Support.  When the Beneficiary has to justify the expenses, it prevents them from blowing it all on a fancy car or letting them put it all in their bank account where creditors can come after it.

What if I Don’t Have a Lot of Money?

You don’t have to have a lot of money to want to protect your future heirs.  Also, consider that just because you don’t have much money now, doesn’t mean that you won’t have a lot of money when you pass away.

When you pass away, there could be a life insurance policy, retirement account, or your estate could receive a large settlement if you pass away in an accident at someone else’s hands. 

The point is, setting up a Trust doesn’t take a lot of time or money and provides many benefits and protections for your loved ones when you’re no longer here to look after them.

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

Matthew Harris Law - Estate Management Division

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

Attorney@MatthewHarrisLaw.com 

(806) 702-4852 

www.MatthewHarrisLaw.com

Lien On Me

The Scenario

You notice your brakes are squeaking so you take your car to the shop to have them checked. You and the mechanic discuss what work needs to be done and he gives you a written estimate.

A few days later, the mechanic calls you and informs you that your car is ready.  You arrive at the shop and the mechanic hands you a bill for the price you both agreed on.  However, during the last several days, a family emergency has arisen and you can no longer afford to pay the total.  So, now what?

Mechanic’s Lien

A mechanic’s lien may have been created.  In Texas, if a person has furnished labor and repairs and has not been paid for those services, a lien arises against the vehicle.

A mechanic’s lien is only created when the registered owner of the vehicle is given a written statement of the services and charges and the mechanic has only completed that work which was previously agreed upon by the customer.

Enforcement

Mechanic’s liens are enforced through judicial foreclosure sales.  Therefore, the mechanic must file suit asserting the lien against the registered owner.

The court must then determine if all of the statutory requirements have been met and that no other party has a superior right to the property.  If the court finds the mechanic has first priority and the requirements have been met, the court will order the vehicle to be sold at a foreclosure sale.

The proceeds of the sale will then be applied to the amount owed to the mechanic and any amount left over will be given to the registered owner.

Types of Property

The scenario above only discusses a lien with regard to a car in a repair shop.  However, a mechanic’s lien may also be created in regard to other property.

Regarding real property, a mechanic’s lien may be known as a "construction lien."  For those who provide supplies and materials to other’s without payment, a materialman’s lien or "supplier’s lien" may attach.  All of these liens are created and enforced exactly the same but have different names to clarify what property they attach to.

What Can You Do?

You should discuss your situation with the mechanic and work out a payment plan if possible.  Most companies and individuals will understand that situations arise that cause financial hardships and are willing to work with you on payments.

It is important to know that these liens exist and that the mechanic may in fact have a superior right to your property than you do.  When I say “superior right,” I mean that the mechanic can keep your vehicle until you pay off the balance.

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

Matthew Harris Law - Property Law Division

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

Attorney@MatthewHarrisLaw.com

(806) 702-4852 

www.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 Laws for Veterans

Happy Independence Day!

That's right, I'm saying it early.  Today we're going to talk about some new laws that apply to Veterans so maybe you can pass on some knowledge when you see a Veteran this holiday weekend.

Please note that all of these bills have been signed into law by Governor Perry and all of these new laws will be effective on September 1, 2011.

Veteran Driver's License - HB 1514

Veteran's can have a designation ("VETERAN") included on their driver's license.  Why would we want it?  Who knows, but maybe it will get us out of a speeding ticket?

A Veteran means a person that has served in one of the five branches of service, (if you're lost, the fifth is Coast Guard), or the Texas National Guard, and been honorably discharged.  All that is required is a request by the Veteran, and proof of service and honorable discharge.

Airborne Specialty License Plate - SB 0461

This one affects me directly, and I don't know if I like it, but the "Airborne Parachutist" license plate will now read "U.S. Paratrooper" instead.  However, it will still have the Army Airborne Wings.

If this is the first you're hearing about it, and are interested, there is no extra charge to get this license plate.

Bronze Star Specialty License Plate - HB 0559

The legislature has created new specialty license plates for recipients of the Bronze Star and Bronze Star with Valor.  It will have a picture of the medal emblem and a "V" for those with valor.

Funeral Service Disruption - HB 0718

This one isn't only for Veterans, but it sure seems to apply to Veterans more and more lately. (See Westboro Baptist Church)

A person commits an offense by picketing within 1,000 feet of a facility or cemetery being used for funeral service and within 3 hours before or 3 hours after the service.  This is a change in the law that previously provided a 1-hour buffer.

Mandatory Selective Service Registration - SB 0132

This change really applies to future Veterans, God help us if we have to turn to a draft again, but it makes Selective Service Registration mandatory, instead of optional, when getting a driver's license or ID card.

It appears that if you apply for an original, renewal, or duplicate driver's license or personal identification card, and you are between the age of 18 and 26, then your information will automatically be submitted to the U.S. Selective Service System for registration. 

Expect to see statutory notice language on your paperwork this Fall.

How to Thank a Veteran

By nature, we Veterans are modest and do not easily take praise or recognition.  This holiday, you will no doubt shake a Veteran's hand and tell him/her how proud you are, but be prepared for an embarrassed look in their eye and something about how they were just doing their duty.

We really do appreciate your praise, but we sometimes have a hard time showing our appreciation of your kind words.  A simple handshake, pat on the back, or "thank you," is enough to show your support, and turn our cheeks red.

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

Matthew Harris Law - Civil Litigation Division

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

Attorney@MatthewHarrisLaw.com 

(806) 702-4852

www.MatthewHarrisLaw.com