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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 Tag: criminal defense attorney Austin

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.

Wrongful convictions may have have resulted from crime labs' exaggeration of DNA results

Chris Perri

 

Austin news station, KXAN, interviews Chris Perri about the issue. 

Over the summer, the Texas Forensic Science Commission, which reviews the current standards for physical evidence in Texas criminal courts, discovered that state crime labs were using outdated protocols for analyzing DNA evidence. In particular, the problems occurred in “mixed DNA” test results, where the labs were exaggerating the likelihood that a particular sample matched a defendant’s DNA.

There are two types of DNA profiles that can come from any given DNA sample: “mixed DNA” (also called “mixtures”) and single-source DNA. Mixtures are the most common type of DNA profiles. A mixture occurs when a DNA sample contains DNA from more than one person. For example, if two or more people touched the handle of a firearm, a DNA sample from this handle would likely be a mixture of multiple people’s DNA. In contrast, a “single source” DNA profile exists when only one person contributed the DNA to a sample. In the case of single-source DNA profiles, matching a given person to the sample is similar to matching a person to a fingerprint left at a crime scene. However, because there are numerous types of DNA profiles that could combine to create a mixture, the probability that a random person besides the defendant could have contributed to this mixture is higher than in the case of single-source DNA profiles.

The Texas Forensic Science Commission recently revealed that state labs have been reporting inaccurately high probabilities of matches between defendants and mixed DNA samples since 1999.

An example of a recent Galveston murder case illustrates the problem. The crime lab reported that the defendant contributed DNA to a mixture from the crime scene, with a certainty of more than a million to one. However, it turns out that the lab was using outdated protocols, and the certainty is actually just forty to one. This means that if you selected 1,000 random people, 25 of them would match the DNA found at the crime scene. That’s hardly enough evidence to convict someone beyond a reasonable doubt.

Everyone knows that eyewitness testimony can be fallible, so prosecutors have placed great weight on scientific DNA evidence when prosecuting cases since the advent of DNA testing in the mid-1990s. Due to jurors learning about the infallibility of DNA science from television crime shows (the CSI effect), jurors often convict defendants on the basis of DNA evidence alone. Now that we know that scientists were inaccurately reporting the probability that crime scene DNA matched particular defendants, many convictions over the last fifteen years may have been based on false evidence, and innocent people could be behind bars.

Police labs and prosecutors’ offices have downplayed the severity of the problem. For example, according to a memorandum from Art Acevedo, the chief of the Austin Police Department, the inaccurate reporting is “unlikely to materially affect any assessment of evidential value.” Court orders will be required in order for the labs to re-test samples to determine accurate statistical probabilities of a match between crime scene samples and defendants’ DNA.

I’m concerned that prosecutors and police forces are sweeping this issue under the rug. Rather than re-assure the public with rhetoric, they should create task forces to revisit every case where DNA played a role in obtaining a conviction, and the labs should recalculate statistical probabilities in all of those cases. After all, it was the State that put false evidence before juries, so the burden should be on the State to correct the problem and regain the public’s confidence that innocent people aren’t behind bars.

If you or a loved one suffered a criminal conviction as a result of mixed DNA test results, you should contact Chris Perri Law to determine whether your case could have been affected by inaccurate scientific testimony. Check out the articles below for more information on this unique and unsettling issue:

http://www.everythinglubbock.com/news/state-regional/new-dna-standards-could-lead-to-thousands-of-retrials-in-texas

http://www.npr.org/2015/10/09/447202433/-great-pause-among-forensic-scientists-as-dna-proves-fallible?utm_source=facebook.com&utm_medium=social&utm_campaign=npr&utm_term=nprnews&utm_content=202509

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.

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 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.