Ask the Criminal Law Expert

FBI arrests 4 police officers in Conn. bias probe

2012-01-25T09:12:00.000-08:00

FBI arrests 4 police officers in Conn. bias probe
Police forces around this country seem to take issue with "illegal" immigrants, but how does the FBI come into all this?

2012-01-06T07:23:00.001-08:00

Austinites can now see APD's DWI Tyrant in action: http://ping.fm/afAyM

2011-12-07T13:53:00.001-08:00

APD Initiative regarding Holiday Traffic Crackdown, read here: http://ping.fm/yDS40

2011-11-30T11:44:00.001-08:00

Residents of downtown are taking issue with live music in the live music capital...http://ping.fm/EpW3b

2011-11-10T08:05:00.001-08:00

Man arrested in 1986 Morton slaying has long criminal history
http://ping.fm/KmT0O

2011-11-04T08:03:00.001-07:00

Here is another fine example of how the Texas Judicial System refuses to accept a death row inmates chances of proving innocence. http://ping.fm/RPgJI

2011-11-04T07:46:00.001-07:00

Craiglist Ad Beware - http://ping.fm/2CVF4

2011-11-03T07:42:00.001-07:00

No Refusal Strikes Again - http://ping.fm/1rkY9

2011-10-31T06:43:00.001-07:00

http://ping.fm/Sp83e

2011-10-31T06:42:00.001-07:00

REMEMBER: NO REFUSAL WEEKEND ALL DAY HALLOWEEN THRU TUESDAY MORNING! BE ALERT AND SAFE!

2011-10-26T14:09:00.001-07:00

Urgent Law Update: Changes in Expuntion Law http://ping.fm/r1bPI

2011-10-26T09:09:00.001-07:00

APD Officer Suspended - http://ping.fm/TnDo0

2011-10-25T08:35:00.001-07:00

Another possible wrongful conviction in Texas http://ping.fm/rnBap

2011-10-25T08:33:00.001-07:00

6th Street Safety being addressed http://ping.fm/pbVNU

2011-10-18T09:10:00.001-07:00

Illegal handicap parkers beware in downtown Austin, read more here...http://ping.fm/3CDvm

2011-10-13T17:24:00.001-07:00

So apparently the ATF has decided that medical treatment of marijuana now constitutes addiction in the eyes of the law. Read here...
http://ping.fm/vXqWY

Where is the law on Family Violence going?

2011-10-12T13:41:00.001-07:00

http://ping.fm/JFC6S

2011-10-12T13:28:00.001-07:00

http://ping.fm/JFC6S

APD Get in on the Techie Side of Life

2011-10-05T15:33:00.000-07:00

It would appear that even our law enforcement have come over to the Tech side! Yup. Austin Police Department announced that they now have their very own Facebook Account. I'm not certain how many people are interested in actually "friending" APD, but I like the idea of the local police at least attempting to get with the rest of us. So, if you're looking for more indepth information on crime - as if we don't see enough of it on TV, looking for APD updates and news, well then check out their FB Page and maybe even consider becoming an APD FBF.

http://www.kxan.com/dpp/news/local/austin-police-open-a-facebook-account

Gun Laws vs. Gun Crimes

2011-09-29T08:45:00.000-07:00

According to the most recent FBI stats, gun control laws have risen to their highest levels ever in the past two years. The FBI as seen an abundant increase in gun application background checks between 2009 - 2010 for the entire country. This means that not only have gun shops become more vigilant in following the laws but also that more individuals are seeking to purchase weapons across the nation.

The highest rates of gun crimes is known to occur in their primary states, Texas being one of them. Of course, in Texas we have always treasured our outlaw roots and have been one of several states that find it difficult to press forward with such stringent requirements of gun purchases, because if we are being realistic, this is Texas! We are known for gun toting, cattle rustling and an amazingly rapid death penalty system. Some may contribute the lax gun laws and our crime stats to one another, however, in the DC Gun Crime article, New York and California are also listed with Texas as having the highest gun crimes in the nation. Still New York and California also have the strongest gun control laws in the country and have been working to tighten the noose even more in this area.
So my concern is, if stricter laws are meant to control gun related crimes then why are New York and California's gun crimes at the same rate, if not a bit higher, than those in Texas?

http://dailycaller.com/2011/09/28/gun-crime-continues-to-decrease-despite-increase-in-gun-ownership/

When is murder for murder acceptable?

2011-09-24T09:09:00.000-07:00

After reading Ross Byrd's poignant message about his father and how he felt that taking one man's life would not change the fact that his father is never coming back, I realized just how blood thirsty our criminal justice system and government can be. James Byrd, Jr. was brutally tortured and killed by white supremacists Lawrence Russell Brewer, along with two others, in June of 1998.

Brewer's actions, while reprehensible, should have garnered him the pleasure of spending all his days and nights on a life sentence in solitary confinement with only his thoughts and conscious to keep him company. However, our state has an accelerated death sentence that requires the swift "murder" of anyone deemed worthy of being removed from breathing the same air as the rest of us fine Texans. Yet, Mr. Byrd's opinions, as a victim, were not a factor in the sentencing of Brewer and thus the state has enforced this with lethal injection.

As Mr. Byrd has stated, in regards to his father's memory, "you can't fight murder with murder". So is the young Byrd correct in believing that lethal injection murder sentences are not a deterrent or even an appropriate act of revenge for criminals in the state of Texas?

H.B. 867 Council on Sex Offender Treatment Texas Sex Offender Laws - Deregistration

2011-09-19T06:31:00.000-07:00

Sex Offender De-Registration, see this link for updates on de-registration criteria and prospective laws.

Red Light Runners Beware

2011-08-10T13:42:00.000-07:00

The concern I have with this law enforcement tactic is "it's when you cross the bold white line after the light turns red that you're in trouble". How many of us have been guilty of catching the yellow right as it's turning red? I mean literally still driving under the lights themselves when they turn red... if the light has turned red and I am just barely gracing under it, is that an automatic ticket? And what happened to the red light cameras, are they not working out as well as previously expected?

HRH Attorney Wins Not-Guilty Verdict

2011-08-08T07:43:00.000-07:00

Chris Holub has once again been victorious in the courtroom. On Friday, August 4, 2011 Mr. Holub received a jury trial verdict that rescued a responsible, decent young man with a bright future from being tarnished by the negativity of an "assault" charge.

After only 15 minutes of deliberation the jury came back with a "not guilty" verdict! Successful once again Chris Holub has proven that the legal system can work especially when you have an amazing attorney who believes in his client and is willing to fight endlessly.

A Decade Wrongfully Accused

2011-08-04T07:20:00.000-07:00

This is a must read from the Austin Chronicle.

Memorial Day Public Information

2011-05-24T20:53:00.001-07:00

APD announces increased DWI/BWI enforcement on Memorial Day
The Austin Police Department’s DWI Enforcement and Lake Patrol Units will conduct a driving while intoxicated/boating while intoxicated initiative on Memorial Day, Saturday, May 29, 2010 from 2:00 p.m. until 4:00 a.m.
Holiday weekends such as Memorial Day tend to have an increased number of intoxicated persons operating motor vehicles on roadways and waterways.
During this initiative a number of DWI enforcement officers will target the major roadways around Lake Austin stopping intoxicated drivers.
Additionally, a number of DWI enforcement officers will ride along with Lake Patrol officers to perform BWI investigations when appropriate.
The DWI initiative is an effort to enforce DWI/BWI laws and keep the public safe.
A high number of DWI arrests are made in Austin each year. Approximately half of the traffic fatalities in 2009 were alcohol related.
The goal of the initiative is to celebrate Memorial Day with no fatal, alcohol related accidents.
APD is focused on saving lives on the streets, highways and waterways of Austin and making them safe for everyone through education and enforcement.

2011-05-09T20:32:00.001-07:00

Guns on UT Campus? Seems like it could be a reality... http://ping.fm/Lt7qw

To Protect and Sever Our Rights

2011-04-01T16:33:00.000-07:00

Police have been known to use their authority somewhat recklessly from time to time. We've seen it in the news, read about it online and may have even felt the sting of it ourselves. What are we to do when officers have the discretion of deciding what victim is believable and which they want to file charges based on. If an individual walks into a police station, says she wants to file charges on her husband for "fondling" her in her sleep, is this a justifiable waste of time, money and resources for an officer to bother with. Most of us would say no, but common sense and logical thinking can not always compete with abuse of power. So, again, what are we to do when those that are assigned to "protect and serve" our community decide to play judge, jury and the all powerful "oz" of the judicial system?

Sex Offender De-Registration At Last

2011-03-30T10:20:00.000-07:00

During the 79th Regular session of the Texas Legislature, House Bill 867 was passed and signed into Law. (This law has effectively been on “hold” since 2007 because of a delay in formulating standards by the Texas Sex Offender Treatment Council. The Council has finally completed this work and we can now move forward). This new law has dramatically impacted the continuing duty to register for certain individuals. There is now an opportunity for individuals meeting specific conditions to have their duty to register terminated. There is now a process and authority to remove the horrible burden and stigma of public registration because of a mistake from your past.

Texas State Legislature voted to revamp the Sex Offender Registration Law following their conclusion of an in depth study into all aspects of the Sex Offender Registry and it's effectiveness. What the study found was that the "old" registration policies were lacking and that in order to prove an effective tool in sex offender crimes changes needed to be made.

If you are interested in learning more, please call our office at 512.472.6565 or email us at lawoffice@hrh-law.com . Finally, an end to your duty to register may be in sight. I would be honored to assist with a free evaluation of your personal situation to determine eligibility.

Praise the Lord & Pass the Ammunition

2007-05-02T17:29:00.000-07:00

For years the rhetoric justifying arresting, charging and convicting students who even inadvertently carried weapons onto college campuses was "we must protect the kids". And these charges areFELONIES! I guess we've given up on that idea, and decided their on their own. Freshman orientation at UT will now include target practice if Governor Rick Perry has his way. There are people on both sides of this issue. Both have legitimate concerns. Check out http://lonestartimes.com/

Assault Family Violence Cases

2007-04-25T20:01:00.000-07:00

Family Violence
Once police get involved in an ordinary dispute between family members, an avalanche of social worker, victim rights advocates, law enforcement and prosecutorial resources are set in motion. Only a specially trained and experienced advocate can successfully negotiate and derail this legal juggernaut once it is set in motion. Hines, Ranc & Holub has this know-how.
Family violence is one of the most commonly filed & politically sensitive charges in the criminal justice system. Here are a few tools & resources to help answer some of the most frequently asked questions:
Texas Family Violence Council
Family Violence is a serious problem. But, as with many serious issues, sometimes the government's response is inadequate, inappropriate or heavy handed. Check out the information on this quasi-governmental site.
Travis County Court at Law # 4
There are even a special courts created to preside over these unique cases. In Travis county, this is County Court at Law #4, Judge Mike Denton presiding.
Travis County Family Violence Programs
This is the County run counseling agency. Many judges require successful completion of this "therapy" as a condition of pretrial release. BEWARE! This is a county agency. Information is not confidential!
APD Special Family Violence TeamThis is a link to the special "task force" that coordinates the arrest & investigation of family violence cases. Grant money that funds these type of programs are dependent on the number of arrests & convictions. Guess what incentive this gives law enforcement.
Travis County District Attorney
Most counties only have one office that prosecutes family violence cases. In Travis County, the responsibility for handling these assault cases is divided between the County Attorney, prosecuting Misdemeanor cases and the District Attorney, filing Felony charges.
Travis County Attorney's Office
This office prosecutes the vast majority of DV cases. Specially assigned & trained prosecutors follow a strict zero tolerance policy that has resulted in not only an apparent record number of DV charges being filed but, an embarrassingly high number of dismissal and acquittals.
Williamson County District Attorney's Office
Williamson County District Attorney John Bradley has a national reputation for being one of the toughest, hard on crime offices around.
Williamson County Attorney's Domestic Violence Policy
Although not as organized & over funded as Travis County, prosecutions are becoming more aggressive
DPS Family Violence Victim Services
Why the Police make an arrest even if no one wants to "press charges".
Definition of "Family"
What determines whether an charge is a "family violence" case? The definition basically includes any member of your family, anyone you've ever lived with, or dated.
Police DV raining Materials
Law Enforcement training materials on DV cases
COMING SOON:
What determines whether an Assault Family Violence case is filed as a felony or misdemeanor?
Types of Assaults: Class C & Class A
Affidavits of Nonprosecution
Witness Chicken & The confrontation clause

Best in the Business

2007-04-11T18:37:00.000-07:00

These guys really know what they are doing!
If you've got a serious case & really need help, This is who to call.
Former prosecutors, Law school instructors, Leaders in the Bar. Respected.
http://hinesrancholub.com

What to do when you've been arrested.

2007-04-10T13:24:00.000-07:00

What Do I Do If I Have A Warrant For My Arrest?
An attorney should be contacted immediately if you or a member of your family or a close friend has a warrant for their arrest. The term for this situation is called a NON ARREST WARRANT..
The definition of the term means there has been a warrant issued by a magistrate or a judge. The arrest warrant commands a law enforcement officer or some other person specifically named to arrest the body of the accused and take the body to be dealt with according to law.
By contacting an attorney the person accused has made the right decision to solve the warrant problem. An Attorney will know how to make the necessary inquiries and arrangements for the person named in the warrant while preserving the rights of the accused person.
How is an Arrest Made?
A law enforcement officer must obtain an arrest warrant before taking a person into custody. However, a law enforcement officer may arrest a person without a warrant only if:
There is probable cause to believe that the person committed an offense; and
The arrest falls within one of the exceptions in Chapter 14 of the Code of Criminal Procedure, Article 14.01
A criminal act is committed in a law enforcement officer's presence or view.
A magistrate may issue an arrest warrant on the basis of an affidavit made by any person under oath before the magistrate, establishing probable cause to believe another person has committed an offense. The arrest warrants commands a law enforcement officer or some other person specifically named, to take the body of the accused to be dealt with according to law.
What Are Your Rights If Arrested?
The police officer making the arrest is required without unnecessary delay, but no later than 48 hours after the arrest, to take the person arrested before a magistrate. The magistrate is required to inform the person arrested of:
The accusation against the person arrested (defendant) and of any affidavit filed therewith
The right to hire an attorney
The right to remain silent
The right to have an attorney present during questioning by law enforcement or a prosecuting attorney
The right to end the questioning at any time
The right to request a court appointed attorney, if the person arrested is indigent or cannot afford to hire an attorney
The procedures for requesting a court appointed attorney
The right to have an examining trial
The person arrested is not required to make a statement and any statement may, can and will be used against the person arrested.
The magistrate is also required to allow the accused reasonable time and opportunity to consult counsel and to be admitted to bail if allowed by law.

Answers to questions about Criminal Law and the Justice System

2007-03-24T08:22:00.000-07:00

The criminal justice system can be a frustrating and confusing place. Whether your a citizen accused, a victim or a new attorney, everyone involved or just curious about the process of enforcing the rule we all share, this is the place to get the answers you need.