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512-917-4378

hris Perri Law is a criminal defense law firm located in Austin, Texas.

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Chris' Blog

The blog of Chris Perri Law, written by Chris Perri and Shannon Perri. Read the latest in exciting cases where justice is served.

Filtering by Category: Incarceration

New Study Exposes How Texas Criminal Justice System Values Finality Over Accuracy

Chris Perri

 Photograph by  Stephanie Ezcurra

Photograph by Stephanie Ezcurra

In my post-conviction practice, I often feel like my clients don’t get a fair shake. Evidentiary hearings are rare, and the trial judge always seems to sign off on the State’s proposed findings of fact, which are critical when appealing an adverse ruling.

A recent study of Harris County death-penalty cases by Jim Marcus and the UT Capital Punishment Clinic confirms what I’ve suspected from experience: our criminal justice system values finality over accuracy. Judges are literally executing people without affording them the opportunity to fully present their claims. And the judges are pretty open about their bias, as they “rubber stamped” the State’s version of events in 95% of the cases studied. In fact, 34 out of the 40 judges adopted every proposed finding of fact presented by the State – that’s an astounding figure because it’s impossible for the State to be right 100% of the time.

In my practice, I’ve encountered the same difficulties in getting a hearing for my clients. Judges simply don’t want to re-open old cases, even though wrongful convictions are common. At a writ conference that I attended a few years ago, one judge described the general judicial attitude towards writs: they don’t like them. Why? Because writs open up old matters on their dockets, and judges don’t like seeing those cause numbers from a decade ago popping up. Also, due to the large number of pro se writs being filed by incarcerated inmates, the judges figure that if they start hearing every claim raised on every writ, they won’t be able to devote sufficient time to their trial docket.

For these reasons, it’s vital to have an experienced attorney present the writ in a manner that grabs the judge’s attention and shows the judge that the conviction is a gross injustice in light of the new evidence presented in the writ. However, even with a quality attorney, judges far too often deny evidentiary hearings and resolve the contested issues on the basis of affidavits. This deprives attorneys of the ability to cross-examine adverse witnesses, which is one of the only meaningful ways of uncovering the truth.

The new study is a groundbreaking because it provides the first concrete evidence of the widespread judicial bias against writ applicants in Texas’ criminal justice system, effectively denying them procedural due process. This issue can be litigated on appeal to the federal system when a defendant’s writ application is unfairly denied by Texas courts, and the study can serve as proof supporting a claim that Texas’ writ system violates the constitutional right to due process. 

All this said, awareness is the first step to change. This study brings to light an important injustice that we as a society must face. If our justice system values truth, then it must provide everyone an opportunity for a full and fair hearing. Liberty is too important for shortcuts.

If you do find yourself or a loved one wrongfully convicted, call Chris Perri Law at (512) 917-4378 for a free consultation to learn about your options. If you are my client, I will do everything in my power to zealously fight for your rights amidst a flawed system.

The Leading Causes of Wrongful Convictions

Chris Perri

 Photograph by  James Faulkner

Photograph by James Faulkner

No country locks up more people than the United States of America. Even worse, many of those in prison are innocent. According to The Innocence Project, an important criminal justice advocacy group, below are the four leading causes of wrongful convictions.

1. Eye Witness Misidentification is the single greatest cause of wrongful convictions. We know this because later found DNA evidence often proves a witness’s testimony to be inaccurate. Usually, eye witnesses are not trying to lie, but perhaps after viewing a lineup of suspects, they feel pressured to make a choice and then stick to it. Or sometimes, a case is very old, and it’s difficult for a witness to remember exactly how the defendant appeared and to know how they’d appear now. Still, confident eye witness testimony can be very convincing to jurors even though we all know memory is flawed.

2. Improper Forensics is another contributing factor. If a seemingly credible expert gets on the stand and spouts out questionable science, juries are likely to trust them. Further, the mishandling of scientific evidence can lead to major problems. Take for instance when mistakes at the DNA Lab in Austin put the credibility of nearly 5,000 convictions in question. Though forensic science has come a long way, it’s still administered and analyzed by people. Therefore, there is room for major error.

3. False confessions are another huge problem. It can be hard to believe, but many innocent people confess to crimes they did not commit. This is especially true with children, adolescents, and those with mental disabilities. Why do innocent people admit guilt? The reasons vary, but duress, coercion, confusion, or fear of a harsher sentence if they don’t plea are some of the most common reasons.

4. Incentivized Informants/Snitches is the fourth leading cause of wrongful convictions, and it’s easy to understand why. If a witness is paid to testify or is offered something in exchange, such as release from prison or a reduced sentence, their information is less credible. The informant is motivated to say what the prosecution wants to hear.  

Many other factors contribute to wrongful convictions, such as ineffective legal assistance, false reporting, and withheld evidence. The best way to avoid a wrongful conviction is to have a zealous criminal defense attorney by your side from the beginning. That said, if you do find yourself or a loved one wrongfully convicted, don’t lose hope. An experienced post-conviction appellate lawyer can still help. Though overturning a conviction is an uphill battle, it does happen. Chris Perri Law has successfully reversed convictions through both Appeals and Writs.

Whether you’ve just been arrested or just been sentenced, call Chris Perri Law at (512) 917-4378 to discuss your legal options.

Three things to do if you get pulled over by a cop—and you’ve been drinking.

Chris Perri

 Photograph by  Jeffrey Smith

Photograph by Jeffrey Smith

According to the National Highway Traffic Safety Administration, just under 1% of licensed drivers will be arrested at some point in their lives for driving while intoxicated. The chance of it happening to you may seem slim, but like all statistics, it happens to someone.

Hopefully you never find yourself pulled over with a flashlight at your window, but if you do, it’s better to know what to expect and be prepared. It could make the difference in the outcome of your case.

1. Accept that you may get arrested. Even if you’ve had just one drink, if a cop smells alcohol on your breath, you’re now their responsibility. They don’t want to be liable for letting someone who is potentially drunk on the road. If you refuse to blow into the breathalyzer, you will almost certainly get arrested, but that doesn’t necessarily mean blowing is the right call, as the accuracy behind the machines is questionable. Stay calm and wrap your mind around the possibility of one night in jail. Remember, an arrest does not mean a conviction.

2. Start building your defense—now. Your entire interaction with the cop is being recorded and will be used in determining the outcome of your case. Be polite to the officer, speak minimally, and consider if blowing into the breathalyzer and/or performing the sobriety tests will help or hurt your case. It can be tempting to try the tests to prove your innocence, but, remember, they’re challenging even when sober, so if you’ve been drinking, even lightly, it’s possible that attempting the tests will make you appear more inebriated than you are, especially if you have a medical condition. That’s why if you’ve accepted you might go to jail and focus on providing as little incriminating evidence against yourself as possible, you’ll be better off in the long run. Ultimately, it’s your call and your right to decide how to proceed in the moment. It’s also worth nothing that refusing the tests may allow the state to suspend your driver’s license. Still, a good criminal defense attorney can usually help you get an occupational license.

3. Remind yourself that this moment will pass. You are going to be okay. Assuming no one was hurt, the worst part of this experience will be the arrest. People in this position often feel ashamed, alone, and scared. It’s important to remember that you will get through this. You are more than just one bad night. And if you hire a qualified, compassionate defense lawyer, you’ll have support for the rest of the process. For some, a DWI arrest is a turning point for the better. The experience can be a wake-up call to address a problem, while for others it’s a reminder that none of us are perfect. And sometimes, it was just an unfair arrest. Obviously, no one wants to spend the night in jail, but remembering that it won’t last forever and there will be support on the other side often helps people make it through.

If you are someone you care about has been arrested for a DWI or another crime, call criminal defense attorney Chris Perri at (512)917-4378 for expert guidance.

The Dirtiest Little Secret of Texas: Our Civil Commitment Law for Sex Offenders Raises Double Jeopardy Concerns

Chris Perri

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Recently, I read this article in the Fort Worth Star Telegram about Texas’ civil commitment law with respect to sex offenders and was left shocked.

While the article mainly concerns a technical change in the law regarding venue for civil commitment trials, hidden towards the end is the unveiling of Texas’ dirty little secret: Since 1998, more than 350 individuals have been civilly committed to a sex-offender treatment facility in Littlefield, Texas, following their completion of lengthy prison sentences. None have been released upon successful completion of the program, and nearly half were sent back to prison for violations of the treatment program’s rules.

For example, a defendant who is convicted of a sex offense might serve 25 years in prison. As his release date approaches, he discovers that the State of Texas wants him to remain incarcerated after the completion of his long sentence. As a result, a new “civil commitment” trial occurs in which the State seeks to prove that he “has a behavioral abnormality that makes him likely to engage in predatory acts of sexual violence.” This seems like a pretty easy burden to prove since the defendant has previously been convicted of a sex offense.

While this procedure might smack of double jeopardy, Tarrant County prosecutor Bill Vassar defends it by arguing: “During his 25 year imprisonment, [the defendant] never had sex offender treatment from a licensed professional. The jury’s verdict ensures that he will get the treatment he needs, and guarantees the citizens of Texas that he will be monitored 24 hours a day.”

This argument exposes two fundamental problems. First, any prosecutor should be ashamed of a criminal justice system that sends a sex offender to a penitentiary that fails to provide any treatment to that individual prior to release. Right there, Mr. Vassar has unwittingly indicted our entire prison system for ineptitude. Second, Mr. Vassar’s argument that the defendant “will get the treatment he needs” from the Littlefield treatment facility is disproved by the evidence that no one has ever been rehabilitated in the program’s 18 years of operation. Leave it to the government to equate success with this zero percent rehabilitation rate.

I sympathize with victims of sex offenses, and I do believe that offenders need to be punished. However, the proper forum for vindicating victims’ rights and punishing offenders is the criminal process. Once an offender has served his/her sentence, our Double Jeopardy Clause forbids further punishment for that offense. In effect, Texas’ civil commitment law allows Texas to circumvent the Constitution by imprisoning a person a second time for the crime. To continually operate such a “treatment” facility for 18 years despite its zero-percent success rate seems to be a brazen misuse of government resources. Moreover, Texans should be offended by the government’s attempt to disguise the civil commitment facility’s true purpose as rehabilitation. This current system serves no one: not the criminal, not the victim, and certainly not the taxpayer. Littlefield is the island where we send the undesirables to never be heard from again.  

Let’s start with some honesty, and then engage in a legitimate debate about whether the Constitution forbids this type of institution as an unconstitutional subsequent punishment.

For more information on this civil commitment trend for sex offenders, check out the Stateman’s recent write-up here.