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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 Austin

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.

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.

You may not go to jail for pot possession in Austin, but you can’t ignore the ticket

Chris Perri

It’s a beautiful December day in Austin, and Sue, a student at the University of Texas, wants to celebrate the end of the semester with friends at the Greenbelt. While relaxing in the 70-degree weather near a swimming hole, one of Sue’s friends lights up a joint. Sue doesn’t usually smoke pot, but she’s cutting loose today, so she closes her eyes as she takes a long drag off of the joint, the stresses of the semester exhaling out of her with the sweet smoke of her friend’s kindbud. She then opens her eyes, and her momentary relaxation gives way to full-fledged panic as she spots a uniformed police officer on a bicycle stopped on a nearby trail. The officer calls out for her to bring him the joint. Sue’s mind and heart race, as she remembers what happened to her older brother in their small town where he was arrested for marijuana possession and spent the night in jail.

The cop sternly warns Sue about the illegality of smoking marijuana: “This isn’t Colorado, young lady.” However, to her delight, he bikes off after handing her a citation that looks almost exactly like a speeding ticket. Sue can’t believe her luck in not getting arrested! Maybe she won’t even have to tell her parents. There’s a date listed on the ticket to report to “Justice of the Peace – Precinct 5” on December 22. Sue’s going to be back home for the holidays by then, so she later tosses the ticket on a stack of old books in her apartment, figuring that she can just deal with it when she returns to school in January for the spring semester.

 

Given that the ticket doesn’t look a whole different than a traffic citation, it’s understandable that Sue might think it’s no big deal. In reality, Sue’s offense is a class B misdemeanor, which is punishable by up to 180 days in the county jail and a $2,000 fine. Unlike most counties in Texas, where you’ll be cuffed and carted off to jail for anything worse than a class C misdemeanor traffic offense, Travis County is different. Here, the police are authorized to issue tickets for misdemeanor marijuana possession (four ounces or less), along with a few other class B misdemeanors (driving with license invalid, theft, graffiti, criminal mischief). These tickets are called “field-release citations” because the police release the defendants without booking them into jail. The rationale behind this policy is that arresting people takes several hours, resulting in fewer police officers patrolling the streets.

However, just because Sue received a citation doesn’t mean that she’s avoiding an arrest record. Instead, the arrest occurs during what is called a “jail walkthrough” when Sue reports to the Justice of the Peace at the time designated on her ticket. Below, I’ve outlined the steps of the process:

1.     Report to Justice of the Peace – Precinct 5 (located at 1000 Guadalupe Street in downtown Austin) to receive paperwork and instructions about the walkthrough process.

2.     Report to Pretrial Services in order to apply for a personal bond.

3.     Return to the Justice of the Peace, who will magistrate the defendant, meaning that the defendant is informed about constitutional rights and the penalty range of the offense.

4.     Obtain approval of the personal bond from the Justice of the Peace.

5.     Report to the Travis County Sheriff’s Office at their bonding desk in the courthouse.

Upon reporting to the sheriff, Sue is officially arrested. The sheriff’s deputy would take her fingerprints and a mugshot. Sue would then be released from custody without ever being handcuffed. She would also receive a copy of her personal bond with a court date.

Following this “arrest,” Sue’s case would be assigned to one of the county courts-at-law, and her lawyer could then begin resolving your case by requesting discovery materials (offense reports, video/audio of the incident, etc.) and negotiating with the prosecutor.

Like many people issued similar citations, Sue doesn’t immediately realize the importance of reporting to the Justice of the Peace on the date and time designated on the ticket. This is a very bad idea because failure to appear results in an arrest warrant. There is no “jail walkthrough” for Sue if she is later arrested on a warrant, and the process of getting booked in and out of jail would take 12-24 hours. Her initial fear of spending a night in jail would become a reality.

Here’s what Sue should do immediately upon receiving the citation: contact an experienced attorney, such as Chris Perri Law, to assist her with the jail walkthrough process. An attorney can waive the third step of the process (magistration by the judge) in order to ensure that Sue is one of the first people to report to the sheriff’s office for the booking procedures. Often, Chris Perri Law can get somebody through the entire process in less than an hour. Without an attorney, the process can take up to four hours because there’s often a long line of people with similar tickets, and the sheriff’s office only has two deputies (at most) working on the walkthrough process at any given time.

Chris Perri Law also would assist Sue in resolving her case in a manner that leads to an eventual expunction of her arrest record. Even though Sue might feel like she was never arrested because the jail booking procedure was so quick, information about the offense is automatically forwarded to the Department of Public Safety (DPS), who enters it into their crime records database. Background checks will reveal the incident unless Sue successfully expunges the records of the arrest. Given that she’ll be graduating from UT and on the job market in a few years, it’s very important that Sue hires an experienced attorney who knows how to ensure that her arrest record from this incident is ultimately wiped clean.


***Sue is not a real person.

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.

Chris Perri Defends The Travis County Personal Bond System

Chris Perri

bail bonds.jpg

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.