Sherman & Plano, TX Criminal Defense Lawyer Blog

September 1, 2010

Sherman, Texas Traffic Court – Sherman & Plano, TX Criminal Defense Lawyer (Part 1)

My day is ruint when I receive a traffic ticket, and I bet yours is as well. However, there are legal advantages to fighting back in traffic court when you are in the right. I am often called about representation on traffic tickets, but few people hire lawyers in traffic court except for commercial drivers. The “point system” which we all accumulate on traffic tickets, which can result in a surcharge or a suspension of certain drivers licenses, is even more pressing when you drive for a living.

Even if you don’t drive for a living, I thought I would pass along some rights you should be aware of when you fight back. But you must know that other ways of keeping a traffic ticket off your record might not be available if you go to a judge or jury trial. “Deferred disposition” and “deferred adjudication” are typically only available on a plea of guilty or no contest before a judge. Additionally, you should always specifically request deferred disposition if you want it.

That said, Texans have unique rights when it comes to traffic tickets. Get a ticket in Calera, Oklahoma, and you don’t have the same rights. In Texas, traffic tickets are considered class C criminal offenses offenses. This triggers the fundamental rights found in Article 1, Section 10 of the Texas Constitution:

August 31, 2010

Texas Family Violence – Sherman & Plano, TX Criminal Defense Lawyer (Part 2)

by Micah Belden

Assault is broadly defined under Texas law. Under Section 22.01 of the Penal Code, one commits an assault if he (1) intentionally, knowingly or recklessly causing bodily injury to another, including the person’s spouse; or (2) intentionally or knowingly threatens another with imminent bodily injury, including the person’s spouse, or (3) intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative. Non-bodily injury assault (by threat or contact under (2) or (3) are normally Class C misdemeanors). You must be very careful with these two charges as well, for even Class C misdemeanor assaults appear to allow family violence findings that result in an enhancement to a third degree family if a later family violence assault is charged.

Juries can be very skeptical of domestic assault allegations for the reasons mentioned here. Like fraud, it is very easy to accuse, but very hard to prove. You certainly should NEVER make the decision to assault anyone, especially a loved one, but you should also take extra caution not to put yourself in a situation where a loved one/ex/household member can falsely charge you.

False assault allegations are one of the few instances where it may be better to talk to the police officer about what happened, and what motive your loved one has for falsely accusing you, unless you have already been arrested or charged. If someone has threatened to get you arrested, avoid them at all costs. An enemy can find a way to make your life miserable, including having you thrown in jail. Be extra careful in divorce/separation situations, and bring a witness along if you expect a confrontation with an estranged love one.

August 30, 2010

Texas DWI Breath or Blood Test? – Just say NO, from Sherman to Laredo! Sherman & Plano, TX Criminal Defense Lawyer

by Micah Belden

In Texas, should you refuse any breath or blood test requested by an officer if investigated for DWI? Yes. Of course. Every time. They are not asking for your breath or blood so they can “see if you are innocent.” They believe you are guilty and want more evidence to show to a judge or jury to prove you are guilty. The screwups in the machine and the blood draw work in their favor, not yours. Plus, if they take your blood, they will not even have the results for three, four, maybe more months down the road. You aren’t going home, and they will almost certainly not let you go home no matter the result of the test.

You have the fundamental right not be compelled to incriminate yourself. In Texas, you have both the right to remain silent and the right to refuse to consent to all breath and blood testing. There is no separate crime, as in many states, for refusing a breath or blood alcohol test upon an officer’s request. The officer will tell you that he will get a warrant. “Go get one, buddy.” First, he has to find a judge who is awake. Then he must prove probable cause by sworn affidavit. Then he must conduct the search in a reasonable manner. Make them jump through all these hoops. Never be intimidated by the threat of “getting a warrant.” If the officer gets a warrant, or a blood draw statute applies (repeat offender, child in car), he can force a blood draw. But make him get a warrant when that’s all he can do. What do you have to lose?

August 29, 2010

The Criminal Lawyer from Sherman, Texas (Part 2)

by Micah Belden

Over the years, I have tried many jury trials and achieved real results for real people. I only represent human beings faced with loss of freedom and property, and I play to win. I am not a “settlement” lawyer who gets the best deal possible and talks the client into it. I get the best deal possible and give people the reasons in favor of taking it and the reasons to reject it and go to trial. It is 100% the accused’s decision, which I can help them make correctly.

In recognition of my work for real people, I was one of 55 trial lawyers in America selected to attend the July 2009 Gerry Spence’s Trial Lawyers College, an annual three-week-long trial training school in Wyoming. At the college, legendary trial lawyer Gerry Spence and many of the most successful trial lawyers in America taught us how to be ourselves and communicate better with everyday people. We also learned how to better listen to those we defend. We learned advanced techniques on how to understand our cases to the fullest, so we can truly speak to the judge or jury on a person’s behalf. I stay very active with Trial Lawyer’s College to keep becoming a better lawyer.

Also to become a better lawyer, in the last five years I have completed over 132.25 hours of Texas criminal law continuing legal education (only 15 annual hours in any subject area is required). This year alone, I have attended a postconviction remedy seminar in Austin, an advanced criminal defense course in San Antonio, and am scheduled to again take the State Bar’s Advanced Criminal Law seminar. Criminal defense is not an easy job if done right, so make sure that any lawyer you choose has a reputation both for knowing criminal law very well and has a reputation for being a trial lawyer. Ask them to show you their jury trial results for the last three years and you may be surprised.

August 28, 2010

Texas Family Violence – Sherman & Plano, TX Criminal Defense Lawyer (Part 1)

by Micah Belden

Family violence has evolved dramatically through time, most of it in the last few decades. At common law, a wife and children were property that the husband/father could deal with as he pleased for the most part. The world has grown up, and we now have very strict family violence statutes. Many men (and some women) are often falsely accused of family violence resulting lifelong disabilities and loss of civil rights. Domestic violence is a serious issue, but many uncscrupulous people take advantage of our lack of tolerance for domestic abuse.

Few accusations come easier than one partner claiming that their other partner slapped/punched/kicked/kneed/elbowed/body slammed/suplexed the other during a domestic confrontation. Husband (or better yet, ex husband or soon to be ex-boyfriend) isn’t doing what you want, so what better to do than call 911 and see if you can get him arrested, right? The worst you face is a false report to a police officer, right, and how is he going to prove that? These thoughts often run through the heat of a nasty argument, but the position you are putting the police and another human being in is very horrible.

First of all, you make the officer make an arrest decision. Many police departments have policies regarding an arrest at a family violence scene. If the officer has probable cause to believe family violence has occurred, he will likely arrest the accused. Probably cause is among the lowest standards in the law, requiring only that there be some evidence that a crime was committed and the person accused committed it. Some evidence, not much. If the officer believes your story, that is enough. Your estranged is now under arrest for one of the most serious misdemeanors, which in some ways is more serious than DWI. If he has a prior family violence conviction, he is under arrest for a third degree felony. Paying bond and hiring an attorney may be the least of his problems.

August 27, 2010

The Criminal Lawyer from Sherman, Texas (Part 1)

by Micah Belden

My name is Micah Belden and I am a criminal defense lawyer in Sherman, Texas -the city in which I was born and will be buried. I was raised and currently live in Howe, Texas. My father was a farmer and my mom a housewife. We were forced to sell the farm early in life, and I watched my dad labor hard to feed our family. I try to bring his backbreaking work ethic to the practice of criminal law.

I was taken to the Baptist church week in and week out as a kid. Sometimes I went voluntarily. I learned small town values that gave me a moralistic view of the world, and see those morals jumping into my everyday decisions at a surprising rate. I do my best to treat people fairly and demand that others are treated fairly. This led me to be a criminal defense lawyer.

After graduating from Howe, I attended Texas A&M because the school fit my view of the world and was a comfortable place to learn. I love history, and after changing majors a couple times, ended up in the history department where I belonged. I attended virtually all the football games and was somewhat active in Bonfire, and was unfortunately on campus when it fell in 1999. I worked the next day moving logs, and learned to appreciate how fragile life and all we have truly is.