The Matlock Blog

Because it never gets old

This is for the attorney/ firm that told my client her Second Degree Felony drug case would be 1-800-Dismissed if she hired them.

You know who you are. I'm coming for you.

Tarrant County District Attorney Tim Curry, dead at age 70

Long-time Tarrant County District Attorney Tim Curry died this morning at his home after a long fight with lung cancer.  Diagnosed in mid-2008, Mr. Curry had been undergoing an aggressive form of cancer treatment.  For the last several months, Mr. Curry had been working primarily at home.

Tim Curry served as the elected District Attorney of Tarrant County since 1972.  He was the longest-serving district attorney in Texas.  Through that time, the Tarrant County District Attorney's office became arguably the best district attorney's office in the state.

Although often overshadowed by the larger cities in Texas, Mr. Curry saw that the district attorney's office was never second-best to those of Dallas and Houston.  Mr. Curry implemented many ground-breaking and untraditional procedures and policies to the Tarrant County District Attorney's office.  Many of these have since been followed by other counties in the state.  Most have benefitted the criminal justice system in whole.

Often described as a gentle, kind-hearted gentleman, Curry's shadow will be  hard to miss in Tarrant County for years.  Whomever fills the position as Tarrant County's chief law enforcement official will inherit one of, if not the best prosecutor's offices in the state.  However, it will certainly be difficult to live up the legend of Mr. Curry.

Ten Rules when Hiring a Criminal Defense Attorney

For most people, being involved in the criminal justice system is likely the most stressful, intimidating, and potentially ruinous situation within which they have ever found themselves.  People like this have likely never had a use for a criminal defense attorney, and often this is obvious in the manner in which they hire their attorneys.  They don't know where to turn, and make a rash decision that will dramatically affect their case.

Of course, there are those that are no strangers to the courthouse, who seek only the path of least resistance when it comes to their cases.  These people either assume they will receive a court-appointed attorney, or manage to scrape up the $500 for a felony case.  This little bit of advice is not for them.  

For those that actually care about the outcome to their case, and want to ensure the best possible representation, allow me to provide another Top Ten List;  The Top Ten Things to Keep in Mind When Hiring a  Criminal Defense Attorney.  

1.  Take advertising with a grain of salt - Many lawyers advertise.  Many don't.  Some advertisements are good and ethical, while some are, shall we say, ethically-challenged.  (Can anyone say 1-800-DISMISS?)  Just remember the point of advertising is to get you in the door, not necessarily as a barometer of competence.  At the very least, most attorney have websites now.  As a rule of thumb, they should be more informative about the law and the attorney than bragging.

2.  Be prepared and on time for your consultation - Nothing is more aggravating for a lawyer (or maybe it's just me) than for a potential client to show up 30  minutes late.  If a client can't get to my office to discuss his case on time, what are the chances they do what I need her to do?  Like show up to court on time?

3.  Never hire the first attorney to whom you speak - Take your time.  Shop around.  Get as many different opinions on your case from competent counsel as possible.  The more you shop around, the more you'll realize which are good and which are not.

4.  Never hire an attorney in the hallway of the courthouse - This never ceases to amaze me.  Why would anyone trust their case to an attorney you simply give $200 in the hallway without really speaking to the attorney about their case?  Big mistake.  Huge.

5.  Do your homework - You should be able to find out something about pretty much every attorney you are thinking about visiting.  If you do nothing else, you should Google them and look them up on the State Bar website.  There, you can input their name and at least find out how long they have been licensed in Texas.  Plus Googleing people is fun.

6.  Always tell your potential attorney everything -  How can you expect someone to give you advice on a situation if you don't fully tell them about the situation?  Not telling your attorney that you have four prior felony convictions, you're on parole/ probation, you made a written statement to the police, or you consented to the search will drastically affect the advice given.  It's in your best interest to be honest about everything.

7.  Be honest about your situation - This applies to not only your case, but your financial situation.  If you walk into a lawyer's office and have a budget of $10,000, then at some point that should come up in the discussion with your lawyer.  Tell her your budget.  If the lawyer can work within that budget, she'll tell you.  If she can't, she'll tell you.  If she's willing to take whatever money you have, run. 

8.  Don't haggle - This is a touchy situation, I realize.  But you're not buying a used car.  (Ok, I won't make the joke that some lawyers dress like used car salesmen.  But I think I just did.)  The point here is to remember you are paying for the attorneys time, effort and advice.  Do you really want the attorney to realize that saving money is more important than the merits of your defense?

9.  Never let an attorney promise you a result - Anyone that does this, is absolutely lying to you.  If you don't believe this, just ask everyone on cell block D.  Any attorney that promises a result has no idea what's going on.  The only promise an attorney should make is that he will do his best for you.

10.  Realize you get what you pay for - There is a reason an attorney will charge you only $500 for a felony offense.  It's called they don't have many clients and they need to pay this month's rent; or last month's.  You are paying for the attorney's skill.  Do you want a $500-skilled attorney or a $5000-skilled attorney?  It's up to you, but if you're in that situation, don't be mad that you go to jail after hiring the $500 attorney.  You get what you pay for.

But what the hell do I know?

Ask the experts: Judge Sharon Keller has to go

Here's an interesting twist in the ongoing saga of whether Presiding Judge Sharon Keller of the Texas Court of Criminal Appeals.  It seems those that actually know legal ethics seem to think Judge Keller is, well, ethically challenged.  

In a written declaration by some 24 experts on judicial ethics, Judge Keller is violated judicial ethics, including her obligation to provide litigants due process of law.  It seems the primary concern of the experts is Judge Keller's statements that she is a prosecution-oriented person.  It's hard to believe no one has ever complained like this about a sitting criminal appellate court judge openly stating she is pro-prosecution.  Could this set a precedent for other sitting judges who are openly pro-prosecution?

Another source of contention with the experts is the judge's lying misrepresentations in her sworn answer to the formal proceedings in In Re:  Honorable Sharon Keller.  Not only that, but it seems it's unethical for a judge to get the state to pay for her defense when she owns almost $2 million dollars in real estate holding that she blatantly omitted forgot to include in her financial disclosure statement.  

I suppose it's strange that such a declaration would be submitted in an ethics case.  Of course, I can't say many people are as interested in an ethics case as this one.  

Or is it strange that it has taken this long for someone to do something about Judge Keller?  But what the hell do I know?

Hey, it could have been worse. Right?

Yesterday, down in the sticks Johnson County, a man was sentenced after being convicted of six counts of Aggravated Sexual Assault of a Child, four counts of Indecency with a Child, and two counts of Sexual Performance by a Child.  

Texas Penal Code Section 3.03 deals with when sentences can run concurrently (at the same time) or consecutively (running one at a time).  A consecutive sentence is often referred to as a stacked sentence.  Stacked sentences are specifically allowed by 3.03 in sex cases, especially when they involve children.  

So it was no surprise that the sentences for Robert Walter Bonner were mostly stacked.  Well, all but four of them apparently.

The result?  A 634 year sentence.  Yeah, that's not a typo.  Seriously.  It's not.

I've written before about how wins and losses are relative.  Sometimes, as the defense attorney, you know you're going to lose, but you're just trying to "beat the offer."  I wonder what the offer in this case was.   

I wonder if the defense attorney considers this a win or a loss?  Of course, this is Johnson County, and while I like them perfectly well, they are the ones that gave me the F*** Off Offer.   So I guess we shouldn't be surprised by the sentence.

But what the hell do I know?