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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.

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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.

Breath Test Machines: Less Reliable Than You Think

Chris Perri

Chris Perri, next to his very own breathalyzer.

Chris Perri, next to his very own breathalyzer.

In DWI investigations, breath test results are very common evidence. Although I advise clients to refuse to provide a sample of their breath, the case isn’t over just because the machine says that the sample is over .08 BAC.

At the outset, it’s important to realize that BAC means blood alcohol concentration, not breath alcohol concentration. Breath test science relies on the assumption that it can obtain a reliable breath alcohol concentration that mirrors a particular person’s blood alcohol concentration. This assumption is fraught with difficulties, as I’ll explain below.

Let’s start with a very simplified description of the mechanics of the breath-test machine (also known as an intoxilyzer or breathalyzer). An arrested person blows into the machine, which takes this breath sample and shoots it through a tube that’s then injected with infrared light. Because alcohol particles block infrared light, the machine detects the amount of alcohol in a subject’s breath by determining how much of the infrared light has been blocked. It then takes this number, makes some calculations, and reports a breath alcohol concentration.

The calculation of this breath alcohol concentration is problematic because there’s a lot less alcohol in the breath than in the blood. For example, in an average person, the number of grams of alcohol in 1 part of the blood is equivalent to the number of grams of alcohol in 2100 parts of breath. This 1:2100 ratio is known as a “partition rate.” So, while a person’s blood alcohol concentration is defined as the number of grams of alcohol in 100 milliliters of blood, that same person’s breath alcohol concentration is defined as the number of grams of alcohol in 210 liters of breath. (Note: 100 milliliters x 2100 = 210 liters). In other words, if you have .08 grams of alcohol in 100 milliliters of your blood, then it’s assumed that you have .08 grams of alcohol in 210 liters of your breath.

While it’s not hard for police to obtain 100 milliliters of your blood, it’s impossible for them to obtain 210 liters of your breath (think about a 1 liter bottle and imagine filling up 210 of those bottles with your breath). For this reason, the breath test machine must multiply any amount of alcohol that it detects by a very large number. As an example, if you provide the machine with one liter of your breath, then the machine multiplies the amount of alcohol it detects by 210 in order to determine the number of grams of alcohol per 210 liters of your breath. This calculation is then reported as your BAC.

Consequently, any error by the machine in determining the amount of alcohol in a given sample would be exacerbated when it multiplies that incorrect number by two-hundred-fold. Such errors can occur when the machine interprets non-alcoholic particles in the breath as alcohol. For example, the machine cannot distinguish acetone (a common substance in the breath of diabetics) from alcohol. Or, imagine the complication of a stray particle of liquid alcohol entering the machine in the form of spit. Any error in the initial measurement of alcohol will render the entire breath test unreliable.

Photograph courtesy of Oregon Dept. of Transportation

Photograph courtesy of Oregon Dept. of Transportation

For my next point, let’s give the machine the benefit of the doubt and assume that it can accurately measure the quantity of alcohol in a person’s breath. Even then, the machine makes a critical and troublesome assumption: that the subject’s partition rate is 1:2100 (recall from above that this means that the amount of alcohol in one part of blood is equal to the amount of alcohol in 2100 parts of breath). This assumption is not true across the population, as studies show that partition rates of normal people vary from 1:1100 to 1:3000.

As an illustration, let’s take a hypothetical subject arrested for DWI and call her Sue. She has a partition rate of 1:1100, which means that the number of grams of alcohol in 1 part of Sue’s blood is the equivalent of the number of grams of alcohol in 1100 parts of her breath. On this particular evening, Sue has consumed enough alcohol that her BAC is .06 grams of alcohol per 100 milliliters of blood. Since her partition rate is 1:1100, there would also be .06 grams of alcohol in 110 liters of her breath (note: 100 milliliters multiplied by 1100 equals 110 liters).However, the breath machine is going to overestimate the BAC by nearly a factor of two. Here’s why:

When Sue takes a breath test, the machine is programmed to incorrectly assume that her partition rate is 1:2100. As a result, it will determine the number of grams of alcohol in 210 liters of her breath. Since Sue’s correct BAC is .06 grams of alcohol per 110 liters of breath (due to her partition rate of 1:1100), she has .11 grams of alcohol per 210 liters of her breath. Due to the machine’s inaccurate assumption that Sue’s partition rate is 1:2100 instead of 1:1100, the breath-test machine will report a BAC of .11, which is nearly twice as high as her actual BAC of .06. This inaccuracy results because the machine is improperly measuring the number of grams of alcohol per 210 liters of Sue’s breath, as opposed to the number of grams of alcohol per 110 liters of her breath. Thus, the machine’s assumption that everyone has a partition rate of 1:2100 creates a critical error by reporting that Sue is intoxicated even though she’s actually below the legal limit of .08 BAC.

Finally, it’s important to remember that it’s only illegal to be intoxicated while driving. It’s not a crime to be intoxicated 10 minutes, 30 minutes, or an hour after operating a motor vehicle. But these chemical tests usually occur over an hour after driving, and the prosecution has the burden of proving how that BAC measurement relates to the time of driving. Unless law enforcement knows a lot of information about a particular person (e.g., number of drinks consumed, when the drinks were consumed, the type of alcohol consumed, amount of food consumed, when food was consumed, etc.), it’s impossible to conduct a reliable retrograde extrapolation, which is the science of determining a past BAC level based on a known BAC level. In other words, if the breath test machine reports that a person has a .11 BAC over an hour after driving, we don’t know whether the person’s BAC at the time of driving was below, above, or the same as the level reported by the machine.

While breath tests are an important tool for law enforcement in that they give a ballpark figure about an arrested person’s intoxication level, it’s a common misconception that a breath test machine provides an exact measurement of a person’s BAC at the time of driving. If you or a loved one have been arrested for DWI and submitted to a breath test that reported a BAC over .08, don’t despair. Call an experienced criminal defense attorney to fight the machine’s potentially inaccurate result.

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.  

Suppression Victories Preserve Our Constitutional Rights

Chris Perri

Chris Perri Law is proud to share that we’ve won three suppression hearings so far this year.

For those who may not know, a suppression hearing is held when a defendant believes that evidence was obtained in violation of a constitutional right. If the court agrees with the defendant, then the evidence is “suppressed,” which bars the prosecution from using this evidence at trial.

For example, in our recent blog post, we discussed a Supreme Court case where officers seized drugs from a vehicle following a positive canine alert during a traffic stop. This issue was litigated at a suppression hearing, where the defendant won the argument that the police officer violated his Fourth Amendment rights.

In many cases, winning a suppression hearing directly leads to the prosecutor dismissing the case due to insufficient evidence. As a result, the public often misunderstands suppression as a legal loophole that allows criminals to avoid accountability for their actions. Chris Perri doesn’t see it that simply.

 “Suppression hearings are my favorite part of practicing law,” Perri says. “The fact that my clients were caught with incriminating evidence isn’t the whole issue. Instead, we’re focusing on whether the police followed the rules. And these aren’t just any rules – these are the foundational principles that glue our country together. If judges allowed evidence to be introduced at trials despite being illegally obtained, then what’s the point of the Constitution? It’s the real possibility of suppression that keeps the police in line when they investigate illegal activity. It’s a part of our system’s checks and balances of power.“

Chris Perri Law Suppression Win #1

Earlier this year a client faced felony cocaine distribution charges after a police officer entered his house without a warrant. According to the cop, who was at the defendant’s front door in order to investigate an anonymous tip, he witnessed our client flushing the cocaine down the toilet, and he entered in order to prevent the imminent destruction of evidence (an exception to the general requirement that a warrant be obtained prior to entering someone’s home). However, the blinds covering the windows were drawn, and the cop had to awkwardly peer up through a crack in them in order to observe the inside of the home. Chris Perri Law successfully argued that while Supreme Court precedent recognizes an implicit license for anyone to come to the front door to knock and briefly wait for an answer (example: Girl Scouts selling cookies), no one—not even a police officer—is invited to violate the homeowner’s right to privacy by bending down to peep through a crack in drawn blinds. In fact, if you saw someone on their knees under someone’s window, trying to peer in through the blinds, you’d probably call the cops. The reasonable Travis County district judge ordered that the evidence be suppressed.

Chris Perri Law Suppression Win #2

At our next suppression hearing, a client faced a DWI charge and sought to suppress the blood evidence that was obtained with a search warrant following his arrest. Because the blood analyst reported a BAC of nearly twice the legal limit, combating this evidence was critical to our case. Our goal was to demonstrate that the officer lacked probable cause to arrest our client (a Fourth Amendment violation), so any evidence derived from an unlawful arrest is subject to suppression. By cross-examining the officer with the video of the stop and presenting evidence that undermined the officer’s credibility, Chris Perri Law convinced the court to suppress the blood results. Subsequently, the prosecution dismissed the charge due to insufficient evidence.

Chris Perri Law Suppression Win #3

Finally, in a pending felony case, Chris Perri Law suppressed key evidence a police officer obtained before reading the client his Miranda rights. Details will have to wait for a future blog post so that we do not compromise the resolution of this case.

Chris Perri Law is proud to practice criminal defense in Travis County, where constitutional principles reign supreme. If you or someone you know has a potential suppression issue, along with any other criminal defense matter, contact us today at (512)917-4378.

Recent Supreme Court Decision Protects 4th Amendment Rights During Traffic Stops

Chris Perri

Last week, in Rodriguez v. United States, the Supreme Court clarified that police officers may not prolong a traffic stop in order to conduct a dog sniff on a vehicle, unless there is reasonable suspicion to believe that the occupants are engaged in criminal activity.

In this case, the defendant was pulled over in Nebraska for illegally driving on the shoulder of the highway. About 20 minutes later, the police officer issued a warning ticket for the traffic infraction. However, the defendant was not yet “free to leave.” The police officer instructed the defendant to exit his vehicle and stand in front of the patrol car while they waited for another police unit to arrive. About seven more minutes elapsed before the arrival of the backup unit. At this point, the officer led a drug-detecting dog around the defendant’s vehicle. The dog alerted to the presence of drugs, and a subsequent search of the defendant’s vehicle revealed a large quantity of methamphetamine. The defendant was convicted and sentenced to five years in federal prison.

On appeal, the Government argued that waiting a mere seven minutes for the drug dog to sniff the outside of defendant’s vehicle constituted a de minimus (minimal) intrusion on the defendant’s Fourth Amendment rights, meaning that the intrusion was so minor that it was constitutionally permissible. Fortunately, our Supreme Court rejected this argument. The Court noted that certain intrusions, such as asking a person to step outside the vehicle during a lawful traffic stop, are “negligibly burdensome precautions” that allow an officer to complete the traffic stop “mission” safely. “On-scene investigation into other crimes, however, detours from that mission,” wrote Justice Ginsburg, who authored the majority opinion.

An officer may not prolong a traffic stop in order to conduct a dog sniff unless facts are developed during the traffic stop that support reasonable suspicion of drug activity. For example, if an officer smells drugs during the stop or notes a contradiction between the driver’s and passenger’s statements regarding their travel itinerary, the officer might have reasonable suspicion to prolong the stop in order to investigate drug activity. However, an officer can’t conduct a dog sniff on a car based on a mere hunch that’s not supported by actual observations of suspicious activity.

Even if the officer had conducted the dog sniff prior to issuing the warning ticket, the result would be the same: “The critical question, then, is not whether the dog sniff occurs before or after the officer issues a ticket, but whether conducting the sniff ‘prolongs’ – i.e., adds time to – ‘the stop.’”

This recent case enhances Chris Perri Law’s arsenal for attacking unlawful searches at suppression hearings. We’ve begun 2015 with three victories on suppression issues, and we’ll continue to fight to protect our clients’ constitutional rights.

Court of Appeals Grants Chris Perri Law Oral Argument on Felony Case

Chris Perri

The Corpus Christi Court of Appeals has granted me the opportunity to present formal Oral Arguments on a felony DWI case in which my client was convicted and sentenced to twenty-five years in prison. At trial, during which I was not yet his lawyer, the main evidence of my client’s intoxication came from a warrantless blood draw, revealing that his BAC was over the legal limit. Just a few months after my client’s trial, the U.S. Supreme Court ruled that it was unconstitutional for an individual’s blood to be drawn during a DWI arrest without a warrant—even if it was the individual’s third DWI. At the time of my client’s arrest, however, Texas law allowed the police to draw a person’s blood without a warrant if that person had two or more prior DWI convictions. However, due to the fact that the Supreme Court’s ruling occurred while my client’s case was pending appeal, I’m arguing that this ruling should apply to his case so that his conviction is overturned and he can be retried without the tainted evidence. The interesting issue on appeal is that because the trial attorneys did not object to the admission of the blood evidence, no error was preserved. Usually, objections are necessary to present an appellate issue because appellate courts require that the trial judge had an opportunity to make a ruling. I plan to fiercely argue that even though the error was not preserved, it represents such a fundamental miscarriage of justice that the appellate court should still reverse the conviction. 

Chris Perri Gives His Take on Life Imprisonment for Habitual DWI Offender

Chris Perri

A recent ruling by the Third Court of Appeals of Texas states that a life sentence can be a reasonable punishment for a third DWI felony conviction. 

In 2012 a woman in San Marcos was arrested and convicted for her third felony DWI—her sixth DWI conviction total. The case was tried in front of Hays County Judge Jack Robison, who found her guilty with a punishment of life in prison. The woman’s attorneys attempted to appeal this sentence, arguing that life in prison for a DWI violates the Eight Amendment—a cruel and unusual punishment. However, a three-judge panel of the Third Court of Appeals upheld Judge Robison’s sentence, holding that she had a dangerous pattern of behavior and was a habitual offender. (For more about the case, click here.)

“Though saddening that this woman got to this point, I don’t necessarily believe the sentence was a violation of the Eighth Amendment,” Chris Perri says. “I do, however, feel this highlights the importance of connecting first- and second-time DWI offenders to the appropriate resources and working with the prosecution to incentivize defendants to seek rehabilitation. I don’t know the details or history of this case, but I can’t help but wonder if in some way the system failed her.”

Professional drug and alcohol treatment is not a 100% guarantee for relapse prevention, but it definitely can help shift the odds in one’s favor. That’s why Chris Perri Law tries to find the best legal outcomes for its clients that lead to life successes and reductions of repeat-offenses. When appropriate, part of his services include linking clients to community resources or advocating for clients to be referred to the Mental Health Court.

“If we don’t look at the whole person—his or her story—nothing’s going to change,” Chris Perri says.

This sad case proves that having a strong legal advocate who cares about your future and wellbeing is crucial. If you or someone you know is in need, call Chris Perri Law at (512)917-4378 today. 

How to Avoid (or Deal With) Summertime Public Intoxication Charges

Chris Perri

Photograph by Frank Alcazar used under the Creative Commons Attribution License.

Photograph by Frank Alcazar used under the Creative Commons Attribution License.

In the summer months of Austin, Texas, time seems to stop. Everyone knows the days are long and ridiculously hot. The sun is oppressive, and we are all constantly dripping with sweat. Half of the city is on school break or traveling. Thus, it’s understandable that workdays need Barton Springs swim breaks and margarita-filled happy hours. In this heat-induced and alcohol-infused blur, it’s no surprise that summer is the most common time for people to rack up Public Intoxication (PI) arrests.

Many of us will be intoxicated in public at one point or another, and as long as you aren’t driving or acting in a way that’s unsafe, that’s perfectly legal. However, it is at the discretion of police officers to determine what behavior is deemed dangerous. The Texas Penal Code defines Public Intoxication (PI) as when: “a person commits an offense if the person appears in a public place while intoxicated to the degree that the person may endanger the person or another.”

Below, Chris Perri has outlined a few general tips on how to avoid a PI and what to do if you find yourself in the back of a police car.

How to Avoid Getting a PI

  • Don’t overdrink alcohol in public places. As obvious as it may sound, it’s the truth. If you want to keep the party going, move it to your house to minimize the risk of arrest.
  • Avoid aggressive behavior. Police officers most commonly make PI arrests when they see people fighting or on the brink of a physical altercation.
  • Adhere to pedestrian walking laws. If you are walking in the street or not following basic pedestrian laws, a police officer may interpret this as dangerous behavior. If they believe your erratic behavior is the result of drinking alcohol, then you’ll likely be in handcuffs before too long.
  • Walk straight and don’t slur your words. Again, easier said than done, but if you feel yourself getting to this point, it’s a good time to flag down a taxi or call a friend to take you home.
  • Avoid urinating in inappropriate places, AKA non-bathrooms. Believe it or not, this behavior happens frequently and draws attention to law enforcement.

What to Do Once You Are Arrested

If an officer has approached you and seems likely to arrest you for a PI, the best thing you can do is cooperate. Though getting arrested can be scary, remember, a PI is only a Class C Misdemeanor charge that carries no jail time. Likely, they’ll take you to the jail for one night to “sleep it off,” and you’ll be released the next day. However, if you see a judge while in custody, make sure you don’t plead “guilty” or “no contest” without consulting with an attorney. In most cases, skilled attorneys can help you get the charge dismissed and eventually expunged if you are willing to take an educational class and perform community service. However, if you plead guilty, this will lead to a conviction, which will make the crime ineligible for expunction.

The worst thing you can do when getting arrested for a PI is to resist or act aggressively. If you try to resist, you will likely be charged with Resisting Arrest, which is a Class A Misdemeanor that carries jail time and is harder to dismiss. Worst-case scenario: your resisting escalates to an Assault on a Public Servant, which is a felony, and then you’ll still be dealing with the charge when summer is long gone.

If you or a loved one has recently been arrested for a PI or a related charge, call Chris Perri at (512) 917-4378 for advice on how to best navigate the specifics of your case.

Chris Perri Plans to Use New Law to Overturn Wrongful Convictions

Chris Perri

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Recently, in two separate cases in the Central Texas area, several wrongfully convicted people have been released from prison on the basis of evidence that their convictions were founded upon false scientific testimony. Both cases involved the sensitive matter of child sexual abuse. To read about the “San Antonio Four,” click here. To read about the Keller case in Austin, click here.

This past legislative session, Texas adopted a new law (codified as Article 11.073 in the Texas Code of Criminal Procedure) that makes it easier for falsely convicted people to overturn their convictions on the basis of false scientific evidence. Prior to the passage of the new law, defendants had the burden of proving that newly-discovered evidence establishes their actual innocence. But now, defendants only need to show by a preponderance of the evidence that if the new scientific evidence had been presented at their original trial, they would not have been convicted. Essentially, this means that if defendants show that it’s “more likely than not” that they wouldn’t have been convicted, the court must overturn the conviction.

As an example, consider the case of Cameron Todd Willingham, who was convicted of murdering his three young daughters by burning down the house while they slept. At trial, an arson investigator testified that the burn patterns demonstrated that the fire was intentionally started with an ignitable fluid, such as gasoline or paint thinner. This scientific testimony definitively countered the defense’s theory that Willingham was asleep when the fire began, perhaps caused by faulty electrical wiring in the house. Over a decade later, scientific advances in the field of arson investigation revealed that the expert’s “burn pattern analysis” was based on an unreliable scientific theory. Thus, Willingham was convicted on the basis of false science. Even so, he was executed before the Texas Innocence Project could convince a court to overturn his conviction. The new law would prevent such a wrongful execution.

Chris Perri Law has extensive experience with criminal appellate litigation, and we’re prepared to use this new law to benefit our clients. If you or a loved one was convicted on the basis of questionable scientific evidence, there’s a chance that current scientific developments will undermine this conviction. Contact us at (512)917-4378 to take a look at your case.

Chris Perri Defends The Travis County Personal Bond System

Chris Perri

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Investigative reporter Tony Plohetski has recently put the Travis County personal bond system under harsh spotlight with claims that the system is too lenient and endangering Austin’s community. Plohetski’s articles have resulted in an uproar from criminal defense attorneys who believe that Plohetski is not seeing the full picture and misrepresenting the Travis County system.

To fully understand the debate, allow me to provide some basic background information on bonds. Firstly, when individuals are arrested and put in jail, a bond amount is set for their release. If these individuals don’t adhere to the agreements of the bond or fail to show up for their court dates, then the courts will sue them for the full bond amount as well as put them back in jail, taking away bond privileges. Rarely do people get second chances at bond.

There are two major types of bonds: personal and cash. Personal bonds mean that once arrested, you can be released for no cost but a hefty promise.  Of course, you would still have a bond amount set. Let’s say the bond is set at $20,000. You can get out for no cost while your court case is proceeding, but if you fail to show up to court or adhere to the agreed upon conditions, than you will be responsible for paying $20,000.

Cash bonds differ in that you have to actually put up the full bond amount with the understanding that you will get it back as long as you stick to the rules, etc. You can either do this with your own cash, or hire a bondsman who will put the money up but charge you a nonrefundable 10-20% fee (also known as a “surety bond”).  This fee only benefits bondsmen and in no way goes back to the court system. It means that the arrested individuals already have to pay big bucks when they haven’t yet been proven guilty. Remember, we are supposed to live in a country built on the decree: innocent until proven guilty.

The Travis County bond system is known for granting more personal bonds than any other county in Texas. Reporter Plohetski believes that this endangers Austin by allowing more defendants to be out of jail, thus making them more likely to commit crimes or fail to make court appearances. Plohetski feels our current system is too lenient, and he advocates for more involvement by the District Attorney’s office in the personal bond decision process. He feels that individuals either need to wait it out in jail or cough up cash for a surety bond.

However, Chris Perri disagrees, along with most other fellow criminal defense attorneys (click here for opinion of attorney Bradley Hargis), and feels that the Travis County bond system is one of the most progressive programs in the state. Chris believes that when counties fail to offer personal bonds, they create a class system divide. Those who cannot afford to hire bondsmen have to wait in jail, despite not yet being proven guilty. Many individuals spend months in jail. It creates an incentive structure for those stuck in jail to plea out their case just to get out of jail, leading to potentially unjust legal outcomes.

It also hurts both the criminal defense attorneys as well as the county. If defendants are forced to spend their financial resources on bondsmen, then they are less likely to be able to afford a criminal defense attorney and more likely to apply for a county-funded court-appointed lawyer. Also, keeping people behind bars costs tax dollars.

Many criminal defense attorneys are concerned about Plohetski’s misleading claims. In response to the article, judges have made it more difficult for defendants to obtain personal bonds.  And in response to Plohetski calling for more District Attorney involvement, the DA is trying to become more involved. Yet, this is redundant in that the county already pays for a program called Pretrial Services, which assesses whether a personal bond should be granted by investigating an individual’s criminal history and ties to the community, as well as the safety of any victims if the defendant is released.  DA involvement would merely duplicate Pretrial Services’ role, leading to a slower, less efficient process.

Further, Plohetski claims that it is inappropriate for defense attorneys to talk to judges ex parte (without the opposing side present). Chris Perri disagrees, and states that in Travis County, prosecutors talk to judges without the defense attorney present in order to raise bond amounts or add burdensome conditions (such as an electronic monitor).   Also, every judge requires extensive information on each case and reviews the recommendations of Pretrial Services. However, judges can overrule Pretrial Services' recommendations if they see fit.

Chris also says, in his experience, the type of bond doesn't matter as to whether or not a defendant will show up for court. It is uncommon for people to commit crimes while on bond, as people understand the severity of the ramifications. Yet, there will always be people who don’t adhere to the rules, regardless of their type of bond.

The progressive Travis County bond system isn’t broken—it just needs to be better understood.

Chris Perri Law convinces State of Texas to dismiss case against man facing felony drug charge

Chris Perri

Chris Perri Law proves to be successful in the face of injustice yet again. Police searched Chris’ client’s home in North Texas and arrested the client for a state-jail -felony amount of marijuana (between four ounces and five pounds). The client faced up to two years in prison as well as the stigma of a felony conviction.  Within six weeks of hiring Chris Perri Law, Chris was able to convince the prosecutor to dismiss the entire case. The client will now be able to get the arrest expunged from his record next year.

Utilizing his exceptional skill in navigating case law, Chris pointed out to the prosecutor that the information the police used to obtain the search warrant was gathered illegally. Thieves burglarized the client’s home and stole the client’s marijuana. The police caught the burglars and asked them how they acquired so much marijuana. The burglars then became informants and pointed the finger on Chris’ client, a victim of burglary.

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However, case law states that information obtained through illegal activity cannot be used to obtain a warrant. Just like police must gather information through legal channels, so must anyone else if it will be upheld in court.

As a public citizen, I feel thankful that the courts dismissed the case because it shows our system values justice and sets a standard that illegally gathering information to hurt someone else is unacceptable.  It is shocking to think that without the help of Chris Perri Law, this man who was involved in no violent activity or crime of moral turpitude, could have been a convicted felon, never allowed to vote again.