Texas Criminal Attorneys Blog

Marijuana reportedly found on tour bus.

Rapper Lil Wayne and a number of people on his tour busses were detained for questioning after a drug sniffing dog detected marijuana. The entourage was headed for Laredo, Texas when the bus was stopped by US Border Patrol agents in Falfurrias last Friday. Marijuana was found during an inspection of the busses.

Some members of the group confessed to owning the drug, helping Lil Wayne avoid charges of drug possession. According to his criminal defense lawyer, the Grammy award winning singer has not been charged and the tour will proceed as scheduled.

Lil Wayne (nee: DeWayne Carter, Jr.) pleaded guilty to second degree felony weapons possession and possession of a loaded weapon in 2007. He is scheduled to start a one-year jail sentence for those offenses in February.

Randy and Evi Quaid was taken into custody by the Marfa Police Department at their West Texas home on Saturday. The pair was arrested on a warrant issued for their failure to appear at a California court date stemming from an incident where they reportedly skipped out of a $10,000 hotel bill. They have ignored five court orders to appear - making them felony fugitives.

Evi was taken into apprehended at 6:30 pm on Saturday and booked into the Hudspeth County Jail. She posted bond and was released at 7:00 am on Sunday. Because of an inaccurate warrant for Randy, however, he was not initially taken into custody. Police returned a short time later with a correct warrant and arrested the actor. There is no word on his current status.

The couple is due to be arraigned on Tuesday on charges of burglary, conspiracy and defrauding an innkeeper.

Two-year old Tyson Miller was found in his backyard in a Luling, Texas in March 2009 mauled to death by a pit bull chained yard. An autopsy showed that Tyson had died from severe trauma to the head and neck that caused him to bleed to death.

Tyson's mother, Melissa Miller, has been sentenced to two years in state jail. Miller, 24, and several other adults in a house trailer did not notice the missing boy until waking up after noon. She pleaded no contest to charges of criminally negligent homicide last September. The prosecution agreed to drop charges of injury to a child.

During her first sentencing date in November, the judge ordered Miller be submit to a drug test, which she failed. She admitted to having smoked marijuana and was detained for violating terms of her pre-trial release.

The Caldwell County District Attorney had asked the judge for the maximum penalty of two years in jail, saying that the incident was tragic but avoidable.

In a report released by the Death Penalty Information Center in Washington, DC, the number of criminals being given death sentences has declined across the United States over the past decade. This includes the state of Texas, which has a reputation for sentencing the most people to death row.

The Texas trend stems from a law enacted five years ago that allows juries to consider life sentences without parole. Broader factors in the decline of death sentences include closer scrutiny of criminal cases, a growing concern about the methods used to put inmates to death, and the acceptance that mistakes can be made during the judicial process - illustrated by news of individuals once considered guilty being set free. With juries hesitant to apply a death sentence, prosecutors are less likely to seeking it during the penalty phase of a trial.

According to Texas Judicial System data, the state averaged 34 death sentences per year during the 1990's. That dropped into the 20s starting around 2000 and has been in the teens since the 2004-2005 fiscal year. During the 2008-2009 fiscal year that ended August 31, 15 criminals were sentenced to death row.

Number of death sentences handed down in Texas courts:

• Fiscal Year 1995-1996: 40
• Fiscal Year 1998-1999: 36
• Fiscal Year 2003-2004: 23
• Fiscal Year 2006-2007: 13
• Fiscal Year 2008-2009: 15

This is a terrible way for a toddler to try to find his father...

A 4-year old boy in Hamilton County, Texas was found wandering the streets at 1:45 am with a half consumed beer in his hand. Hayden Wright reportedly rang a neighbor's doorbell in the early morning. He evaded the shocked neighbor and proceeded to enter a nearby, unlocked house and steal five Christmas presents. One contained a girl's dress, which Wright was wearing when he was finally apprehended.

Hayden's mother, April Walker, said that she was panicked when she discovered her son was missing. She said that there are child safety devices on the doors, but Hayden had managed to foil them. Ms. Walker when on to say that it was not the first time the toddler had tried to run away. She said that she recently divorced Hayden's father, who is in jail. Walker thinks the 4-year old is trying to find his father or get into trouble so he can join his daddy.

Hayden was taken to a hospital for treatment of alcohol consumption.

U.S. District Judge David Hittner has set a January 2011 start date for the trial of Texas financier R. Allen Stanford. Stanford is accused of bilking $7 billion out of investors with a massive Ponzi scheme through his now defunct Stanford Financial Group.

The criminal defense attorneys on the case had asked for a summer of 2011 trial date, citing the 5.5 million documents to be sorted in order to prepare their case. The prosecutor said that it has been six months since Stanford was indicted and everyone involved or affected by the case is interested is seeing it move along.

Stanford, 59, offered huge returns to those who invested in certificates of deposit from his Stanford International Bank in Antigua. According to prosecutors, Stanford and other executives created fake balance sheets and spend money on a lavish lifestyle. In addition to Stanford, three company executives face charges. Another former executive has pleaded guilty to charges and is cooperating with the prosecution.

Judge Hittner also held a hearing on whether attorney's fees would be paid by an insurance policy held by Stanford's executives for just such legal fees. Attorneys representing Lloyd's of London said the insurer does not cover money laundering. Attorneys representing Stanford and the company executives argue the allegations have not been proven. If the policy is denied, taxpayers will likely foot the bill for legal services, which is estimated to run $20-30 million for all four defendants. A ruling was not made, and the judge asked for both sides to submit additional motions by January 7.

Handheld device, BV Bloodhound, can detect cell phone use in prisons.

Berkley Variatronics has reduced the hardware necessary for mobile cell phone detection from a fixed radio system to a two-pound, hand-held device. The special detector is ideal for areas that have bans on wireless communications, such as high security zones and prisons.

The BV Bloodhound features a screen, a few operations buttons and an omni-directional antenna. It can pick up signals from PCS, GSM and CDMA cellular bands, even if the phone is only turned on but not in use. Signal strength is noted through both visual and aural alerts. The equipment is powered by a battery that can last 4-5 hours.

Illicit cell phone use in Texas prisons continues to be an issue, with prisoners conducting criminal activities from with jail cells. In Ocrober 2008 a Texas death-row inmate used a smuggled cell phone threaten the life of Texas State Sen. John Whitmire.

The Bloodhound is currently undergoing field tests. It is expected to be widely available in January 2010, at a cost of less than $2,000.

TxDOT 10th Annual Holiday "Don't Drink & Drive" Campaign: Law enforcement agencies set to crack-down on drunk driving in Texas during holidays.

Local law enforcement agencies across the state, including Austin Police Department and Fort Worth Police Department, are gearing up for an annual campaign against driving while intoxicated in Texas. The Christmas and New Year's period typically sees a spike in drunk driving activity and alcohol related traffic fatalities. In response officers will be conducting extra DWI and safety patrols starting this week, and continuing into the new year.

The Texas Department of Transportation has issued grants helping local law enforcement pay overtime for the extra patrols. In addition, ad campaigns warn of the dangers of drinking and driving in Texas and recommend arranging for a cab, city transportation or a safe ride home.

Statistically, during December there are approximately 2,400 alcohol related accidents in Texas, with about 80 resulting in death. Last year, the five day window around Christmas accounted for 65% of the drunk driving related fatalities for the entire month.

A first offense, misdemeanor DWI could result in loss of driver's license, surcharges for the privilege to renew a license, fines, court costs and significantly higher auto insurance premiums. The financial impact of a DWI in Texas can range from $5,000 to $24,000.

Fatal accident occurred day after suspect bonded out of jail for drunk driving in Amarillo area.

The suspect arrested for a fatal drunk driving incident in Amarillo had been freed from jail just one day earlier on another DWI offense. William Shad Stephens had been charged with driving while intoxicated in Texas on Wednesday, December 9. It was his second offense for DWI in Texas. He was booked at the Potter County Jail and released Thursday. Shortly after 6:00 pm on Friday, Stephens was reportedly driving under the influence of alcohol again when his pick-up truck struck another pick-up, killing a man riding in the bed of the vehicle.

During an on-scene investigation, Stephens was placed in a police squad car for questioning. He escaped but was caught several blocks away and subsequently arrested.

Stephens, 33, has been booked on charges of intoxicated manslaughter and remains in jail on $65,000 bond. He had also been charged with possession of a controlled substance on December 3.

East Texas man was found in bathtub of house he had broken into.

About 3:35 in the morning, a resident in northwest Tyler, Texas called police to report that a man had kicked in the front door of his house. Officers were advised that the homeowner had left the house though the intruder was still inside. The police found that 25-year old Larry Ticey had stripped off his clothes and was taking a bath. After a brief struggle, he was arrested for criminal trespass.

Ticey was booked at the Smith County jail. The misdemeanor offense is punishable by up to a year in jail.