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 

Booby-Traps on Property

Trespassers Will Be Shot, Survivors Shot Twice

What would you think if I told you that it is legal under Texas law to set up booby-traps to protect your property?

That’s right, under Texas Law you have the right to use a booby-trap, the law says “device” but I prefer to call it a booby-trap, to protect your property.

Now the first questions in your mind are probably “What exactly do you mean by Booby-Trap?” and “What kind of property are we talking about?”

What is a Booby-Trap?

One of the most memorable cases I read in law school was about a homeowner, who had a problem with trespassers, who set up a "spring-gun" that would automatically fire a shotgun at knee height when a trespasser opened the door.

Well he got in trouble for that, but that’s not the kind of booby-trap we’re talking about.  When I say booby trap, you probably imagine some sort of Wil E. Coyote style contraption.  What we're talking about today though isn't some sort deep pit filled with alligators, or even a bear trap hidden under a dinner plate.

Specifically, your booby-trap can't be "designed to cause, or known by [you] to create a substantial risk of causing, death or serious bodily injury."  Also, use of the booby-trap must be reasonable under all of the circumstances as you believe them to be when installing it. 

I’m not going to give you opinions on what kinds of booby-traps would qualify here, but I imagine that it is something that would be an annoying deterrent rather than an actual “trap.”  (Do NOT trap people!)

Use of Force

If your booby-trap constitutes the use of force on anyone, then you must take great care and consideration before deploying it because use of force requires that you reasonably believe that force is immediately necessary.  

If your booby-trap uses force on someone that it wasn’t reasonable to use force on (child wanders on your property) then you will probably have your own crime to answer for.

What Kind of Property?

Under Texas Law, you can use your booby-trap (“device”) to protect both land and tangible, movable property.  However, you can’t set up booby-traps to protect just any property, you must be in lawful possession of it. 

Additionally, Texas Law allows you to protect the property of a third person if you reasonably believe that they requested your protection; you have a legal duty to protect it, or if the third party is your spouse, parent, child, resides with you, or is under your care.

Source: Tex. Pen. Code §§ 9.41, 9.43, & 9.44

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

Matthew Harris Law - Property Law Division & Criminal Defense Division

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

Attorney@MatthewHarrisLaw.com 

(806) 702-4852 

www.MatthewHarrisLaw.com