Defending People

the tao of criminal defense trial lawyering

Harris County DUI/DWI DIVERT Agreement

Mark Bennett | January 5, 2010

None of my DWI clients have yet accepted the Harris County DA’s “DIVERT” program, but I had one client who was considering it, so I acquired a copy of the standard DIVERT agreement. After reading the agreement, she decided to go to trial.
Maybe having a copy of the agreement will help someone else trying to [...]

Rescheduled From This Thursday

Mark Bennett | December 23, 2008

In yet another attempt at morale-building, Pat Lykos is ordering every Harris County assistant district attorney to attend her swearing-in ceremony on January 1, 2009.
January 1, 2009 is a county holiday.
Does anyone remember the boxing video game from the ’80s? You’d hit your opponent, and the machine would say “body blow! body blow!” and then [...]

Look on the Bright Side: This Way You Can Do It on the Clock

Mark Bennett | November 25, 2008

Down at the criminal courthouse, the prosecutors are hard at work: updating their résumés. All Harris County Assistant District Attorneys, from the lowliest misdemeanor four to the most entrenched division chief, have been told by the incoming management to do so. (I couldn’t make this stuff up.)
Wow! That’ll be great for morale!
I will be [...]

C.O. Bradford on Reasonable Doubt

Mark Bennett | October 16, 2008

Harris County D.A. Candidate C.O. “Brad” Bradford will be appearing on HCCLA’s Reasonable Doubt television show with Todd Dupont and Tate Williams this evening from 8 to 9 p.m. on Comcast Channel 17 in Houston.
Call in with your questions for Brad.

You Know Your Organization is in Trouble When . . .

Mark Bennett | August 25, 2008

. . . you have your HR officer send out a bulk email explaining the procedure for resigning:
From: Walker, Gale
Sent: Wednesday, August 13, 2008 4:31 PM
To: All DA Employees
Subject: Resigned Employees…
Friendly Reminder…
Re: Letter of Resignation
All Employees of the Harris County District Attorney’s Office (including Summer Paid Interns) are required to submit a preferred two-week notice [...]

The One-Witness Rule

Mark Bennett | July 17, 2008

One question that prosecutors in Harris County are overly fond of asking jurors is this:

If we only present one witness, but based on that witness’s testimony you believe beyond a reasonable doubt that the defendant is guilty, can you convict him?

The prosecutors then gleefully challenge, for cause, all of the jurors who say “no.”

It [...]

I Leave the Punchline Writing to You

Mark Bennett | May 30, 2008

The Chronicle’s Allan Turner sure knows how to write a straight line:

Alarmed by a 4-foot rat snake found in a janitor’s closet, wildlife experts Thursday searched the Harris County Criminal Justice Center’s fourth floor for signs that more reptiles had infested the headquarters of the district attorney’s office.

For a Public Information Office

Mark Bennett | May 12, 2008

Napoleon’s Third Rule of Infantry Combat, per Terry MacCarthy:

When your enemy is in the process of destroying himself, do not interfere!

In light of that, I’m tempted not to comment on the Harris County DA’s proposed creation of a Public Information Office to serve as the “face and voice” of the Office.
The Chronicle doesn’t like the [...]

Introduction to Intake

Mark Bennett | April 17, 2008

AHCL, who knows an awful lot about the DA’s office for someone who’s not an ADA, has a post today about how the Harris County DA’s intake system works (a lot cleaner than the exhaust system). Drop by, and please thank AHCL for sheeding some light on the workings of the office that have been [...]

70 “Predator” Probations

Mark Bennett | April 2, 2008

I’m glad the Harris County DA’s race is almost over. Partisan politics and offices in the criminal justice really shouldn’t mix. In this election, both sides have tried to deceive the public.
Over at the Elect Kelly Siegler Kelly Blog you can read about Pat Lykos’s deceptions; here’s one from Siegler’s campaign.
Kelly Siegler’s campaign literature says [...]