Texas Criminal Attorneys

Lil Wayne Tour Busted in Texas for Marijuana

2009-12-21T21:53:08Z

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 Arrested in Texas

2009-12-21T21:41:10Z

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.

Luling Women Sentenced to Jail for Son's Death

2009-12-21T20:22:28Z

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.

Texas Death Sentences Decline Sharply

2009-12-21T20:11:27Z

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

4-Year Old Thief Wanders Street Drinking Beer

2009-12-18T23:57:54Z

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.

Houston Judge Sets 2011 Date for Stanford Fraud Trial

2009-12-18T23:43:04Z

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.

BV Bloodhound can detect cell phones in prisons

2009-12-17T21:14:18Z

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 Holiday campaign targeting DWI's in Texas

2009-12-17T16:27:31Z

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 DWI suspect bonded out of jail day before accident

2009-12-17T15:45:00Z

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.

Texas man arrested for criminal trespass while in bathtub

2009-12-17T15:33:42Z

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.

Progressive approach to treatment slows growth of Texas prison population

2009-12-17T12:29:40Z

The image of tough law enforcement in Texas has been popularized for well over a century. For the past 25 years in particular, the attitude had been to incarcerate those accused of even petty and misdemeanor crimes, leading to a statewide prison population the size of the entire federal prison system. A bi-partisan legislative effort has begun to change that situation. Treatment programs are being implemented that, according to the US Justice Department, has slowed the growth of the Texas prison population.

State Representative Jerry Madden (R) and State Senator John Whitmire (D) collaborated on a 'reinvestment movement' that uses state funds to provide drug, alcohol and mental health treatment and rehabilitation. Texas lawmakers seem to have realized the unwieldy cost of maintaining a huge prison system and the increasingly impractical approach to crime of simply building more prison space.

Texas prison admissions increased by .04% in 2008, well below the annual average of 3% that occurred during each of the previous 8 years. The Texas Department of Corrections adds that cell blocks are being vacated at such a rate that prison population has stopped growing and actually declined by 1,050 inmates. Texas is also showing a significant, 25%, drop in parole violations. This information has led to the scrapping of plans to build three new prisons.

While the number of people in Texas exceeds the national average of 504 per 100,000 in population, the figures have dropped from 669 to 639 per 100,000. In contrast, between 1985 and 2005 the prison population grew 300% and Texas spent $2.3 billion building new facilities.

Research showed that use of alternative treatment programs rather than incarceration for certain offenders allowed the state to focus on more serious criminals. It would cost the state half a billion dollars to house new prisoners, and only half that amount to divert some offenders into treatment programs.

Rep. Madden is facing competition in his re-election bid and the issue of his approach to crime could be pivotal. He states that Texans will hopefully see that

"being tough and smart on crime is a better utilization of the taxpayer dollar."

Woman who faked cancer to get breast implants, charged with theft in Texas

2009-12-01T15:06:52Z

Trista Joy Lathern from Robinson, Texas takes theft by deception to a new level to get breast implants as the McLennan County Sheriff's Office is identifying victims of her deceit. As a criminal defense attorney in Austin, Texas my law office has never seen a case like this one.

Lathern has been arrested by the McLennan County Sheriff's Office for allegedly faking breast cancer and using money gained from a fundraiser to get breast implants. She told people that she had cancer, and dozens of friends, neighbors and businesses raised over $10,000 for treatment of her illness. She even shaved her head to mimic the affects of chemotherapy. An August 16 benefit included a raffle, silent auction and bake sale, and featured four bands.

Lathern, however, used the money to first seek breast augmentation from a plastic surgeon in the Waco area and then a more involved breast enhancement procedure in Austin, Texas. Her story began to unravel when a plastic surgeon told sheriff's office investigators that Lathern had sought advice on breast augmentation, but never mentioned having breast cancer. A check of medical records at Scott & White Hospital showed that a small mass had been detected in Lathern's left breast during an ultrasound last February. It was removed and found to be benign.

Lathern confessed to an investigator that she did not have breast cancer and was not receiving chemotherapy. The mother of two claimed her marriage was on the rocks and thought that enhanced breasts would help the relationship. Her husband says he first learned his wife did not have cancer from a police detective.

Lathern, 25, was booked on theft by deception over $1500, but under $20,000 at the McLennan County Jail, and her bond was set at $7,500.

Texas DPS plans extra DWI patrols during 2009 Holiday Season

2009-11-26T17:37:28Z

Texas Department of Public Safety (DPS) has announced that extra troopers will be on patrol during the upcoming Thanksgiving holiday. They will be targeting speeders, those not using seat-belts or safety constraints, and those suspected of driving while intoxicated.

During the same Wednesday-Sunday period last year, the DPS issued 5,322 citations for speeding citations, 562 for seat belt violations and 257 for improper child restraint. 252 arrests were made for suspicion of DWI.

As a reminder for seat-belt laws, this past September all passengers are required to wear a seat-belt, including the back seat passengers.

Man arrested for stalking Jewel

2009-09-28T16:03:29Z

A man has been arrested and placed in the Erath County, Texas jail for allegedly stalking the singer-songwriter Jewel Kilcher. On September 14, Michael Lawrence Kozelka, 50, was found on the 2,000 acre ranch owned by Jewel and her rodeo champion husband, Ty Murray. Kozelka was warned to leave the property. He returned, however, the next day and was discovered in the main ranch house with a pocket knife.

Kozelka was apprehended by local officials without incident. The suspect said he was on a mission from God and had been led to the ranch. He was charged with third-degree felony stalking. He is being held in the County jail in Stephenville, Texas, about 70 miles southwest of Fort Worth, on $30,000 bail. If convicted of the charges, Kolzelka faces up to 10 years in prison.

Randy Quaid arrested on a Felony Warrant

2009-09-28T15:33:55Z

Actor Randy Quaid and his wife Evi were arrested in Texas on Thursday, stemming from an arrest warrant issued for the couple. A Presidio County Sheriff noticed the two driving into Marfa, Texas and determined that they had been staying at a local hotel. During the arrest, Evi Quaid reportedly put up a brief struggle. The Quaids spent several hours in jail before the sheriff took them to a bank to obtain bail money. Each was required to post a $20,000 bond.

A felony warrant for burglary, defrauding an innkeeper and conspiracy was issued for Randy and Evi in Santa Barbara County, California after the couple left a resort hotel without paying a $10,000 bill.

Randy Quaid is a native Texan. He played the sheep rancher in 'Brokeback Mountain' and won a Golden Globe Award for his portrayal of President Lyndon Johnson in 'LBJ: The Early Years". He is perhaps best known for his roles in 'Independence Day' and the 'National Lampoon's Vacation' movies.