Don't Mess With a Texan...

A lot of people have questions about whether attorney’s ever really get angry with each other, or if it is all just for show?  The answer to both questions is yes.

Sometimes you strike a posture just to please your client and other times you get really offended at the arrogance and condescension of opposing counsel.  I recently had a case where my client rescued his elderly Uncle from an abusive and neglectful environment in California and brought him back to Texas.

The old man’s wife had been extremely cruel to him and was arrested for elder abuse just before my client’s intervention.  About a month after the rescue, the Uncle passed away in Texas.  Shortly afterwards I got served with a Divorce Petition filed by the wife’s attorney in California.  I sent her the following note:

 

 

To my surprise I got the following letter from a different California lawyer, to wit:

 

I decided to reply in kind and to date I have not had any reply to my response.

 

 

 

 

 

Judge Ken Anderson Resigns Amid Ethics Lawsuit

Texas Tribune Article - Judge Ken Anderson Resigns Amid Ethics Lawsuit

When there is a terrible miscarriage of justice, as there was in the Michael Morton case, it is tempting to want to “put the wood” to those responsible.  While Judge Anderson maintains that “he committed no wrongdoing in the prosecution” of Morton, he is either a complete idiot or he is lying through his teeth.

I vote for the latter.  I once represented a client in front of Judge Anderson and to be honest, he was friendly, competent and fair (he ruled in my client’s favor).  I handled several cases in Georgetown during the Anderson/Bradley era and generally it was like representing Jews in Nazi Germany.

Years ago I was arguing with a young Brazos County Assistant District Attorney who had recently arrived from Williamson County and I made a kidding reference to “Hitler Youth” that he took strong exception to.  In time and I like to think at least in a small part to my influence (ha) he has become a champion of justice.

District Attorneys have an enormous amount of power, literally the power of life and death over the citizens in their jurisdiction.  That power can produce good results or terribly evil results depending on who is wielding it.  D.A.’s are charged not just with obtaining convictions, but to see that justice is done.

Obviously that concept was not adhered to in this case.  I can’t count how many times I have heard prosecutors tell juries to “send them (criminals) a message.”  In this case the best way to send them (prosecutors who are would be practitioners of evil) a message, would be to give Judge Ken Anderson 10 years in prison (the maximum allowed under the Statute).

Considering Mr. Morton was wrongfully held for 25 years that would be a slap on the wrist.

-Phil

Former 'America's Got Talent' singer arrested in College Station, charged with trying to head-butt officer

Former 'AGT' singer was arrested in College Station, charged with trying to head-butt officer

 

 

A while back I represented a beautiful actress (who shall remain nameless) who was on the cusp of becoming a high profile entertainer. Smart, incredibly talented and sweet she seemingly had it all together. Unfortunately she also was Bi-Polar with Dissociative Personality Disorder. Her condition was severely aggravated by alcohol.

While she was visiting a friend in College Station; they went out partying in North Gate and my client got truly drunk for the first time in her life. My client (let’s call her Tina) went absolutely berserk and attacked three (3) uniformed College Station police officers.

Tina was seemingly transformed from a charming young lady into a belligerent violent she-devil who hit, kicked, and bit the three officers. Tina awoke in the Brazos County Jail with absolutely no recollection of what she had done.

I was able to get the intake attorney for the D.A’s office to agree to a bond reduction since Tina had had no prior police contact. When I met with Tina and her parents I suggested a complete psychological evaluation to try to find out what was going on.

The exam revealed the previously unknown Manic Depression and Dissociative Disorder problem and Tina was successfully treated with medication and Psycho Therapy and her life got back on track. We shared our findings with the D.A. and her three (3) felonies got knocked down to 2 misdemeanors.

 Her career has continued on an upward path and if she isn’t yet a household name, she is establishing a reputation as a solid professional actress. I’m just glad I could help her. A lot of people do the Jekyll/ Hyde thing with alcohol. Perhaps Mr. Nikolaides perceived the cops as a trio of dancing dogs.

In any event he should retain an attorney to avoid being the opening act at the Brazos County Jail.

-Phil

 

 

 

WHOOP! BTHO Rice!

 

 

Banks & Banks, Attorneys at Law, P.C. is proud to be able to support our students and our community. That is why we are now offering FREE CONSULTATIONS to students of Texas A&M and Blinn College.

 

Law Enforcement Can Sell Confiscated Guns



  Starting September 1, Texas Law will allow law enforcement to sell confiscated guns.

Thirty years ago I had an Aggie client who got popped by the University Police Department for being in possession of a Stainless Steel Colt Commander. 45 on the A&M Campus.  Shortly after his arrest as he was being transported the bathroom door opened and he observed the arresting officer holding the Colt .45 and glaring into the bathroom mirror a la Dirty Harry.

 

Back in those “Pre-Glock” days the Colt Commander .45 was much more gun than the .357 revolver carried by the “K.K.’s” (short for kiddie kops).  My clients’ case was dismissed and has since been expunged (by me).  We had to give up the Colt Commander to the University Police Department.  The price of Justice.

-Phil

Texas DPS Boosts Patrols for Labor Day Enforcement Period

It is important to remember that in Texas it is not illegal to have an alcoholic beverage and then drive a motor vehicle. It is probably not a good idea, since law enforcement often get confused about the distinction between drinking and driving and Driving While Intoxicated. 

If you get pulled over and the officer smells alcohol on your breath, you will end up doing the Macarena (also known as Field Sobriety Testing) on video, for the state’s viewing pleasure. 

I am always hesitant to agree with DPS about anything, but I have to concede it is not a good idea to even drink and drive whether you believe you are impaired or not. If you do end up getting “cuffed and stuffed” you need to retain an attorney upon your release, as there are important deadlines that follow a DWI arrest. 

If you or someone you love is arrested for a DWI, please call Banks & Banks. We will be able to help.

-Phil

Washington Post: Nidal Hasan convicted of Fort Hood Killings

This will be an unpopular opinion, but based on the conviction of Major Hasan, I would be opposed to giving him the death penalty. It is clear that he wants to become a martyr and I believe it would serve the interest of justice to deny him his wish.

                What we should do instead is let him spend the rest of his days in a cage and let him die as a miserable forgotten creature; one day at a time. 

-Phil