tag:blogger.com,1999:blog-8298837746880587541.post2097998048331389809..comments2024-01-06T05:01:09.131-06:00Comments on The Defense Rests: Harris County rolls out new coercive DWI programPaul B. Kennedyhttp://www.blogger.com/profile/15827522954049831696noreply@blogger.comBlogger10125tag:blogger.com,1999:blog-8298837746880587541.post-1383185260370099422009-08-06T06:55:10.865-05:002009-08-06T06:55:10.865-05:00That should, of course, be "necessary service...That should, of course, be "necessary <i>services</i>." Sometimes I words out.Joel Rosenberghttps://www.blogger.com/profile/14745514449389969195noreply@blogger.comtag:blogger.com,1999:blog-8298837746880587541.post-78966724848547036982009-08-06T06:53:38.885-05:002009-08-06T06:53:38.885-05:00The War on DUI is, sure, largely a commercial affa...The War on DUI is, sure, largely a commercial affair, just like the War on Some Drugs. It keeps prosecutors and judges and cops busy, and paid. <br /><br />I guess, once some of the prosecutors and judges and cops start to argue for a saner view of both, I'll think about joining in on the chorus of complaining about the CDLs who "cash in" by providing necessary (IMHO, and all that) to the guest of honor and unwilling financeers of the shows and, putatively, would the only thing standing in the way of the present system and sanity -- after all, we know how very, very powerful and influential the criminal defense bar is -- but we're very much not there now, and anybody who hasn't been drinking too much to write wouldn't think that we are.Joel Rosenberghttps://www.blogger.com/profile/14745514449389969195noreply@blogger.comtag:blogger.com,1999:blog-8298837746880587541.post-15075194601401045072009-07-30T14:37:03.596-05:002009-07-30T14:37:03.596-05:00Thank you for your comments.
The Harris County pl...Thank you for your comments.<br /><br />The Harris County plan will not be available to defendants acting pro se.<br /><br />I would envision the "no doubt" cases being shepherded through the DIVERT program but I think the marginal cases are still going to go through the trial process.<br /><br />As far as the economics of it, the police will always be arresting people and DA's will continue to prosecute them.Paul B. Kennedyhttps://www.blogger.com/profile/15827522954049831696noreply@blogger.comtag:blogger.com,1999:blog-8298837746880587541.post-342922069708825532009-07-30T12:24:56.284-05:002009-07-30T12:24:56.284-05:00"Mr. Bridgwater envisions a defendant having ..."Mr. Bridgwater envisions a defendant having 75 to 90 days to decide whether or not to apply for the program. Mr. Bridgwater apparently doesn't know how long it takes to get blood test results back. He apparently isn't aware that the number of blood tests is likely to increase as a result of legislation going into effect on September 1, 2009 that further restricts the Constitutional rights of those accused of driving while intoxicated. He apparently isn't aware of the general incompetence of the HPD crime lab."<br /><br />Mr. K, I suspect that RB has forgotten more law than you know. #2, HPD has hired more scientists to do blood work for dwi cases. #3, I think the only hickey legally with this plan is the 30 day punishment for violating the agreement. That needs to go away.<br /><br />But changing their plea offers to 30 days or the diversion agreement is well within the purview of the DA.<br /><br />Now, how do you respond to the critics who say defense attorneys are mainly upset because their pocketbooks will suffer?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8298837746880587541.post-49191060229517081792009-07-30T07:29:07.181-05:002009-07-30T07:29:07.181-05:00Nearly every County that uses PTD (whether for dwi...Nearly every County that uses PTD (whether for dwi or other offenses) makes the offender sign a stipulation of guilt and to the facts and it is part of the deal that the admission can be used if the PTD terms are violated.<br /><br />Check Fort Bend's PTD agreement. Although not used for PTD out there, it is used for misd and felony offenses alike, and requires a defendant to admit guilt.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8298837746880587541.post-68711331814943818372009-07-30T07:25:29.401-05:002009-07-30T07:25:29.401-05:00Isn't part of the disappointment of the defens...Isn't part of the disappointment of the defense bar that a significant portion of your income is going to go bye-bye under this plan? No attack intended, but lawyers such as yourself who specialize in dwi are going to be affected. Say the defendant was actually intoxicated, looks intoxicated on video and has a test indicating intoxication.<br /><br />He can either pay a defense attorney thousands and thousands of dollars, and still risk a substantial chance of being found guilty and having a conviction and have to pay the surcharge and still having to do the same<br /> probation these ptd folks would do.<br /><br />For most folks who realize the deck is stacked, it makes financial sense to take the ptd and move on down the road, saving thousands in legal fees.<br /><br />By the way, one question: Will the courts be allowing defendants to be placed on ptd pro-se?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8298837746880587541.post-72870127085634632922009-07-29T18:01:26.779-05:002009-07-29T18:01:26.779-05:00Thanks for your comment.
I think you've prett...Thanks for your comment.<br /><br />I think you've pretty much nailed it. The way the program is set up, it's deferred adjudication by another name. It's also a way to coerce folks with marginal cases to waive their right to trial.<br /><br />I will be posting about some BIG problems with the proposed contract Bridgwater handed out at the meeting. I think there are some major problems with the program.Paul B. Kennedyhttps://www.blogger.com/profile/15827522954049831696noreply@blogger.comtag:blogger.com,1999:blog-8298837746880587541.post-35254062061429484472009-07-29T17:39:19.026-05:002009-07-29T17:39:19.026-05:00Texas law specifically disallows deferred adjudica...Texas law specifically disallows deferred adjudication in DWI cases. This appears to be a way around that law for 1st time DWI offenders in Harris County. In the appropriate case it may be in the clients best interest to agree to the pretrial diversion contract. In marginal cases it may coerce pleas from defendants who don't have resources to fight their cases.Unknownhttps://www.blogger.com/profile/08693283022867898791noreply@blogger.comtag:blogger.com,1999:blog-8298837746880587541.post-577229791616312112009-07-29T16:08:09.949-05:002009-07-29T16:08:09.949-05:00Thank you for the comment.
According to Mr. Brid...Thank you for the comment. <br /><br />According to Mr. Bridgwater, if a judge feels that a defendant should be sentenced to the minimum jail time, that is up to the judge. Of course we all know what that "informational meeting" with the judges was all about, though.<br /><br />One of my biggest problems with the program is that pretrial diversion should be a contract between the DA and the accused, not between the accused and the court. It seems to me that what Lykos is trying to do is to offer deferred adjudication to DWI offenders but call it pretrial diversion.<br /><br />I'm troubled by requiring the accused to sign a confession that will then be presented to the court if he violates the PTD agreement at a subsequent motion to revoke. At that hearing the judge could find the accused guilty and would not be restricted as to the sentence. How does that differ from deferred adjudication?Paul B. Kennedyhttps://www.blogger.com/profile/15827522954049831696noreply@blogger.comtag:blogger.com,1999:blog-8298837746880587541.post-62241326529287758212009-07-29T15:29:12.997-05:002009-07-29T15:29:12.997-05:00For Mr. Kennedy's readers, I'll point out ...For Mr. Kennedy's readers, I'll point out that Mr. Bridgwater was a district court judge, and before that, a LONG time defense attorney. This program sounds good, until you get to the nitty gritty! So, they are effecting law essentially - they are refusing to consider whether a defendant should get 3 days as allowed by law? I know that judges can't do that. Wonder if this is some kind of violation?Cynhttps://www.blogger.com/profile/07993338428737911814noreply@blogger.com