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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.

Filtering by Tag: criminal defense lawyer

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.

You’ve been found guilty – now what?

Chris Perri

Photograph by  Stefan Kalweit

Photograph by Stefan Kalweit

Being convicted of a crime can have devastating consequences, including incarceration, loss of civil liberties, and difficulty finding a job. Yet the unfortunate truth is that people are wrongfully convicted all the time. That said, a guilty sentence doesn’t mean the fight is over. A major part of my practice focuses on post-conviction remedies, which can be categorized into two types: Appeals and Writs. Here, I’m going to explain the differences between these two procedures.

APPEALS:

Following a judgment of conviction, defendants have 30 days to alert the trial court that they want to appeal, so it’s important to quickly find a post-conviction criminal defense attorney. On appeal, the defense must argue that the trial judge erred in ruling on some issue in the case. For example, many defendants unsuccessfully argue to the trial judge that their vehicle was illegally searched during a traffic stop. If the trial judge rules that the search was legal, defendants can appeal this ruling to the Court of Appeals. The appeal proceeds “on the record,” meaning that no additional evidence can be presented in the appellate proceedings (the “record” is the transcript of the proceedings at the trial). A defendant cannot raise an issue for the first time on appeal, as there can be no error by the trial judge if the issue was never brought before that judge for a ruling. In other words, the error must be “preserved” in order for it to be considered on appeal.

Normally, an appeal is only available if the defendant lost at a trial or evidentiary hearing. When a defendant pleads guilty and the judge sentences that defendant according to a negotiated plea bargain, there’s nothing to appeal, even if the defendant is unhappy about the result of the case. In such a situation, a defendant should consider filing a writ, which is discussed below.

WRITS:

Sometimes, new evidence arises after a conviction becomes final. In order to present this evidence to the court, a defendant must file an application for writ of habeas corpus. In Latin, “habeas corpus” means “produce the person,”, and if the court issues the writ, it is directing the prison warden to release the defendant, usually for a new trial.

Writs are different from appeals because new evidence can be presented to prove the claim the defendant is making. For example, if the defendant believes there is new scientific evidence that proves their innocence, this evidence can be introduced through a writ. The most common claim on writs is “ineffective assistance of counsel,” meaning that the trial attorney committed some type of error or omission that deprived the defendant of their constitutional right to effective assistance of counsel and a fair trial.

The defendant carries the burden of proving any writ claim. “Innocent until proven guilty” no longer applies once a defendant is convicted, so the attorney handling the writ must use investigative tools to develop the claim. Writs are commonly used when a defendant pleads guilty based on bad advice from their lawyer, such as incorrect advice about the immigration consequences of a conviction. As explained above, an appeal is not available in those situations because the trial court never ruled adversely on an issue; however, a writ allows the defendant to develop a record regarding the trial counsel’s alleged ineffective assistance.

One of the most famous writs in Texas criminal law history involved Michael Morton, who was wrongfully convicted of murdering his wife in Williamson County and spent nearly 25 years in prison. Morton’s writ lawyers proved that the prosecutor hid evidence that a third party committed the murder, and Morton was ultimately set free.

If you or a loved one has been wrongfully convicted of a crime, contact an experienced post-conviction attorney for a consultation. Chris Perri Law has experience successfully overturning wrongful convictions and helping people get back their lives and liberties. Call Chris at (512)917-4378.

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.

Nearly 5,000 Austin Convictions in Limbo due to DNA Lab Errors, But Relief for the Wrongfully Imprisoned Still a Long Ways Off

Chris Perri

Photograph by University of Michigan DNA Lab

Photograph by University of Michigan DNA Lab

The Austin American-Statesman has thoroughly covered the fallout from the Austin Police Department’s DNA lab closure, but if you haven’t been following the news closely, it’s difficult to find one article that provides the overall picture of what’s going on with the DNA issues in Travis County. Below, I’ve summarized the recent Austin DNA Lab scandal, along with providing a legal perspective on how these revelations might affect people who were convicted on the basis of false DNA evidence.

Recalculations vs. Retesting

In the summer of 2015, the FBI announced that errors in its database might have caused nationwide laboratory miscalculations of the probability that DNA found in evidentiary mixtures matched particular defendants’ known DNA profiles. Here is a blog post I wrote on the subject.

The important takeaway is that while the FBI’s database error affected cases nationwide, it only applied to DNA mixtures, which is a type of sample that contains two or more people’s DNA. If DNA mixture evidence contributed to a defendant’s conviction, then the defendant can request a recalculation of the probability that the mixture contained the defendant’s known DNA profile. Such recalculations do NOT involve any re-testing, as the lab simply uses the corrected database protocols to recalculate the probability of a match. The FBI database issues do not implicate the reliability of the actual testing conducted by the various forensic laboratories.

While government agencies argued that the recalculations would not materially affect any pending cases, these assurances became less credible when recalculations in a Galveston murder case drastically reduced the probability that the defendant was the perpetrator.

Meanwhile, the DNA retesting issue rocked the Austin Police Department (APD) last summer, and it could affect up to 5000 past convictions. The chaos began when the Texas Forensic Science Commission conducted an audit of APD’s DNA Laboratory last spring, and the Commission discovered a host of unreliable scientific practices pervading the lab. Among the highlights:

1.     Improper Stochastic Threshold: DNA labs must adopt guidelines to determine whether their interpretation of each DNA sample is scientifically reliable. The stochastic threshold is the point at which a scientist can reliably interpret DNA in a manner that’s not muddled by random effects, such as allele dropout. At APD’s lab, the scientists used a quantitative baseline (as opposed to a qualitative one) as its stochastic threshold, despite the fact that no peer-reviewed journal had ever accepted such a quant-based threshold. Without a valid stochastic threshold, the lab cannot be certain whether its testing results were merely a product of randomness, as opposed to sound scientific process. Because an improper protocol was used at the very beginning stages of all DNA testing, any of the final interpretative results are unreliable. Garbage in, garbage out.

2.     Suspect or Victim-Driven Testing: Sound scientific method requires that scientists select an unknown sample’s comparison loci (the particular segment of DNA material that will later be compared to the known DNA profiles) without knowledge of which comparison loci are clearest on the known DNA profiles. However, APD’s “scientists” were essentially cheating, as they used the known DNA profiles of suspects and victims in order to determine which loci to examine in the unknown samples. This practice created a bias towards finding a match.

3.     Unclear Use of Protocol Deviation: Lab technicians occasionally deviated from clear technical guidelines when it suited the particular needs of a case. Part of the problem stems from APD’s scientists not remaining independent from the investigative team, as the scientists often felt pressure from investigators to return favorable results. This collusion is one of the main reasons why I’ve advocated an independent lab, and the Travis County judges agreed in a proclamation last December.

4.     Contamination: In one egregious example of incompetence, the Forensic Science Commission observed carry-over contamination between the DNA on a victim’s vaginal swab and the DNA on a suspect’s penile swab, despite the fact that this suspect was later determined to be unrelated to the offense. It took re-testing by a different laboratory before this suspect was cleared for an offense he did not commit.

After the Commission’s report, there was also a revelation that a freezer housing hundreds of DNA samples broke down last spring for eight days, leaving officials uncertain whether evidentiary samples had been damaged.

Somehow, despite these systemic problems at APD’s DNA lab, it received annual accreditations for over a decade. A Statesman article revealed that the accrediting body "did not test if a lab’s scientific processes were appropriate for analyses." That seems like a pretty huge oversight in the accreditation process.

The Fallout

Since the revelation of these monumental problems at APD’s DNA Lab, it has closed down and the testing on all pending cases has been sent to independent labs. However, the problem remains of what to do about the convictions from 2005-2016 that were based on faulty DNA testing. Estimates on the number of cases that need to be reviewed range from 3,600 to 5,000.

The Travis County Commissioners and City Council have been considering options for implementing a materiality review to determine which cases need to have the DNA evidence retested, with cost estimates for this review ranging from $6 million to $14 million. However, as of today, the bureaucrats haven’t made a decision, and they appear to be leaning towards the least costly option. I’ve argued that at a minimum, this materiality review must be independent from the Travis County District Attorney’s Office, which has a conflict of interest by virtue of securing the convictions that are under review.

The critical point right now is that the essential independent materiality review of the thousands of cases hasn’t yet begun, and there’s no telling how long it will take to create an independent commission to conduct the review. Even then, a materiality review will only identify the cases in which DNA evidence was a material contributor to a conviction, and at that point, DNA re-testing will be ordered. Defendants will then have to wait for the DNA re-testing to be completed before they know whether they’re entitled to a new trial. And if they are entitled to a new trial, the defendants will have to wait even more time while an application for writ of habeas corpus circulates through the trial court and the Court of Criminal Appeals.

Given the lack of agreement in political circles about how best to conduct the review and the time lag to implement any proposed solutions, there’s no relief in sight for defendants waiting on Travis County to solve this mess.

How We Can Help

Chris Perri Law has over a decade of experience in reviewing post-conviction cases. If you or a loved one suffered from a conviction involving DNA evidence that was tested by the Austin Police Department, contact our firm to review the case. If your case was not in Austin but involved DNA mixtures, contact our firm about requesting a re-calculation of the probability that the DNA mixture matched the defendant. We advocate for our clients from the beginning stages of the process (DNA materiality review) through the final litigation of the writ of habeas corpus in order to ensure that wrongfully convicted people are set free. 

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.

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.

Do you really have the right to remain silent?

Chris Perri

fifth.gif

In the wake of the recent Supreme Court ruling in Salinas vs. Texas, Chris Perri Law fears that the high court has whittled away the right to remain silent.

In Salinas, the Court ruled that the prosecution can use your pre-arrest silence against you at trial, thus watering down the essence of the Fifth Amendment’s protections against self-incrimination. In Salinas’ case, prior to being arrested, he voluntarily provided the police with information regarding a murder. However, when authorities asked if Salinas’ gun would match the murder weapon, Salinas refused to answer, under the assumption that he was exercising his Fifth Amendment right not to incriminate himself. However, at his trial, the prosecution used his choice to remain silent as damning evidence of his guilt.

The Supreme Court reviewed this ruling, and although it was a close call, the Court ruled that the conviction should be upheld, stating that if individuals want to invoke the Fifth Amendment’s protection, they “must claim it”.  Although the Fifth Amendment clearly states that no one can be forced to be a witness against him or herself in a criminal matter, the Court’s ruling means that the prosecution is free to use the defendant’s pre-arrest silence as evidence of guilt.

Chris Perri Law fears that in light of the Supreme Court’s recent ruling, the Fifth Amendment’s protection against self-incrimination has been vastly diluted.  Basically, to claim the rights of this fundamental law, individuals must explicitly inform the authorities that they are invoking their Fifth Amendment right to silence upon being questioned by law enforcement. Chris Perri worries that this requirement especially hurts less educated individuals, who may not be aware of this new ruling. “It creates a further class divide in our system,” Chris Perri says.

In order to maintain your Fifth Amendment right against self-incrimination, Chris Perri Law advises you to explicitly state that you’re invoking your Fifth Amendment right when the situation calls for it.  Otherwise, your silence could come back to bite you.

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.

Marijuana charge dismissed

Chris Perri

The progressive Travis County Attorney’s Office dismissed my client’s possession of marijuana (POM) charge today in exchange for him pleading guilty to a lesser charge of possession of drug paraphernalia, which is a class C misdemeanor (same category as traffic offenses). All my client had to do was pay $172 in fines and court costs. In POM cases like this one, which was a class B misdemeanor because it involved less than two ounces of marijuana, the Travis County Attorney usually gives first-time offenders a break. The prosecutors recognize that a POM conviction results in the burdensome automatic suspension of an offender’s driver’s license for six months, which can often lead to someone becoming a repeat offender if they drive with the suspended license. Our prosecutors want to put these defendants in the best possible position to overcome their criminal charge, so they’ll usually dismiss the charge in exchange for the defendant completing a 15-hour drug education class and community service.

Now that police officers are permitted to issue “sign and release” citations whereby POM defendants aren’t booked into jail when they possess less than two ounces, marijuana possession could almost be said to be “decriminalized” for first-time offenders in Travis County, as they’re likely to have the charge reduced to the same grade as a traffic offense, which carries no possibility of jail time.

On the other hand, if you go up the road to Williamson County, the situation is much different. Even if you get caught with just a joint, you’re likely to be sentenced to 18 months probation, and if you violate any conditions of that probation, it’s not uncommon for one of the no-nonsense judges to slap you with a 90-day jail sentence.