Starting in April, I came out swinging in 3 nasty felony jury trials…

In the first trial, I represented a fellow criminal defense lawyer accussed of aggravated assault for choking his girlfriend and kicking her in the face, breaking her cheekbone.  It’s a different ballgame when the DA prosecutes a lawyer, but it’s even worse when they have a chance to prosecute a lawyer who opposes them in court on a daily basis.  This was one of the most personally hostile cases, and most bizarre trials, I have ever taken part in.  We made our case for self-defense, and the jury found my client NOT GUILTY on all counts.

In the second trial, another one of my clients was accused of shooting at a car full of women and children at an apartment complex during a domestic dispute with his girlfriend.  (He was accused of shooting at the girlfriend, too, as she got out of the car and walked up a flight of stairs.)  Then he fled, forced his way into an apartment in a different complex, and engaged police in a stand-off until he finally surrendered peacfully.

In a nutshell, this is how the whole thing played out…

Prosecutor:  “If your guy pleads to 15 years for shooting at the girlfriend, we’ll dismiss the rest of the charges for shooting at the car.”

Bristol:  “My client’s not as bad a guy as he seems on paper.  Besides, he’s already serving 8 years flat (no parole) in the federal system just for possessing the gun.  Isn’t that enough?”

Prosecutor:  “He shot at women and children.  I think 15 more years is a gift.”

Bristol:  “Let’s see what a jury thinks.”

[After trial, the jury found my client guilty and sentenced him to six-and-a-half years and a $6000 fine, far less than the 15 the DA wanted.]

Juror: (to Bristol) “Regardless of how dangerous your client was that day, I could just tell he is not an evil person at heart.”

My last client stood trial for attempted buglarly of a habitation with the intent to commit sexual assault.  He was accused of jumping the fence of a local battered womens shelter and attempting to force his way into two rooms, all while he was masturbating.  If he pled guilty, the DA would agree to 4 years in prison.  We opted to let a jury decide whether he was guilty or not.  The testimony of the women at trial did not hold up well under my cross-examination, and the jury ended up returning a verdict of guilty on a lesser charge.  And while the judge sentenced my client to 7 years in prison, my client will NOT have to register as a sex offender for the rest of his life, thanks to the jury’s verdict.

Bear in mind that every case is different, and just because I was able to get these results in these cases, it does not mean I can do the same in other cases.

But at least you have a sense of what I do when I’m not blogging.

Although the Roundup focus is on Class C charges including traffic violations, misdemeanors or City ordinance offenses; higher charge warrants also will be served, including felonies. Delinquent parking cases will also be targeted.
Individuals with outstanding warrants are strongly urged to avoid the inconvenience and embarrassment of arrest by voluntarily going to the appropriate jurisdictions to handle warrants immediately.
In Austin, you may pay your citations with a credit card online anytime at www.cityofaustin.org/public or by calling (512) 974-4640 between 7 a.m. and 10 p.m. Payment and possible other arrangements may be made at any of three locations:
Main courthouse: 700 E. 7th Street, Austin 78701
Thursday/Friday: 7 a.m. to 10 p.m.
Saturday: 7 a.m. to 6 p.m.

South sub-courthouse: Cherry Creek Plaza, 5700 Manchaca Road, Austin 78745

North sub-courthouse: APD Substation, 12425 Lamplight Village, Austin 78758

Both substations: Thursday/Friday: 8 a.m. to 5 p.m.
Saturday, 7 a.m. to 6 p.m.

Municipal Court encourages persons to come to court and handle their warrants regardless of ability to pay. There may be other options available such as payment plans or community service depending on person’s financial situation. Also, persons will not be arrested at court for trying to handle their cases. Spanish-speaking employees are available in person and by phone.

Municipal Court staff is prepared to assist you and urges you to contact the court as soon as possible if you have warrants, delinquent parking or red light camera cases. Information may be found and payments may be made online anytime at www.cityofaustin.org/public.

This is a common question for potential clients to ask.  Because our criminal justice system is an adversarial one, the question seems natural.  After all, when two sports teams compete, there’s usually a clear winner and a clear loser.  Why should lawyers butting heads in a courtroom be any different?

My most recent jury trial illustrates why it’s difficult for attorneys to reduce their trial outcomes to a simple win-loss record.  Take a look at the video evidence…

This 90-second brawl left my client facing 6 felony charges: 2 counts of Assault on a Public Servant, 2 counts of Taking or Attempting to Take a Weapon from a Peace Officer, Possession of a Controlled Substance (cocaine), and Tampering with Physical Evidence (for trying to toss the cocaine on top of the convenience store).

The District Attorney’s offer to settle the case was for my client to plead guilty to the 2 counts of Assault on a Public Servant and take a 5-year prison sentence in exchange for a dismissal of the remaining charges.  We opted to let a jury decide.

There wasn’t anything I could do about the cocaine in my client’s pocket, so he pled guilty to that in front of the jury at the outset of the trial.  This move sent a signal to the jurors that they could trust me to tell them the truth about the case, even if the truth was painful.  Then the prosecutors told the jury that my client was detained in front of the convenience store for the heinous offense of…jaywalking.

On cross-examination, I was able to get the officers to concede that the way my client crossed the street didn’t really meet the legal definition of jaywalking.  The officers also had trouble remembering what happened to the first Taser after they shot my client with it.

The end result was that the jury found my client guilty of misdemeanor Assault and the Possession of a Controlled Substance, just like I asked them to.  The jury also found him NOT GUILTY of the remaining charges, just like I asked them to.  And my client and his family were thrilled with the outcome.

Doesn’t that sound like a “win” to you?

About a year ago, I took the exam to become Board Certified as a Criminal Law Specialist by the Texas Board of Legal Specialization.  Only half of the criminal lawyers who took the test were able to pass it.

As of last year, out of all the 80,000 or so attorneys (that’s ALL lawyers, not just criminal) in the State of Texas, only 841 were Board Certified in Criminal Law.  That’s about one percent, and a large number of that one percent are prosecutors now or have spent some portion of their careers prosecuting, sending people to jail and prison.

That’s no surprise.  Prosecutors get to spend plenty of time in the courtroom.  But it’s difficult to garner the trial and appellate experience required to even take the exam if you’ve spent your entire career on the side of defending the accused, as I have…unless you’re as tenacious as I am in the defense of my clients.

Non-board-certified lawyers, when asked, will tell you there’s no difference beyond “taking a test” and “doing some extra continuing education.”  Really?  If it’s so easy, why haven’t they gotten certified?  Perhaps they lack the experience to sit for the exam or the knowledge to pass it.  But even worse, maybe those lawyers don’t care enough–about themselves, their careers, the criminal law, or their clients–to take the time to do what it takes to get certified.

For me, board certification reflects a deep and ongoing commitment to the study and practice of criminal law.  If prosecutors are doing what it takes to get certified, why would you even think about coming to court with a defense lawyer who wasn’t?

This article from Texas Lawyer writer Miriam Rozen reinforces the point that the life you’re exposing to all your “friends” can and will be used against you in a court of law.  Sadly, the article points out that some lawyers (who should know better) can’t seem to avoid getting caught up in the mix.

One of the first things I do in cases where there is a person claiming to be a “victim” of a crime is a little light cyberstalking.  It is amazing what you can find out about a person online, but nothing is better than having a victim or hostile witness in a criminal trial confess the entirety of their sordid life on a social media site.

Case in point:  A couple of years ago, when MySpace was the hottest thing, a client came to me charged with Aggravated Assault with a Deadly Weapon.  A bar fight broke out involving several female acquaintances of the members of a local collegiate athletic team.  During the melee, one of the ladies sustained a deep cut which she attributed to my client smashing a beer bottle on the table and using the jagged remains to slash her.  Using information we gleaned from her MySpace page, we were able to show that the “victim” (who listed her employment as “Grade A Bitch” and who repeatedly referred to herself as a “thug”) in fact had a considerable axe to grind against my client.  This, in combination with certain physical evidence, supported our position that the “victim” cut herself on broken glass while fighting on the floor.

The difference?  As originally charged, my client faced 2-20 years in prison for aggravated assault.  Thanks to MySpace, she paid a small fine on a ticket for Disorderly Conduct-Fighting in Public.

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Bristol Myers is a Criminal Lawyer in Austin, Texas, and is Board Ceritifed in Criminal Law by the Texas Board of Legal Specialization.

 The remainder of this father’s life will be lived as an apology to his son.  What is gained by prosecuting him?  Will branding this man a criminal make you a more conscientious parent?  The Williamson County District Attorney seems to think so.  He’s apparently dissatisfied with the fact that the Austin Police Department took time to investigate the case before referring it for prosecution.  He thinks getting Mr. Hu charged immediately would “send a message” about child safety.

Do we really need parenting tips from the Wilco DA?  And is it fair that his grand message comes at the price of imperiling this poor father’s freedom?

At some point every one of us has been just as culpable as Mr. Hu.  Parenting is no easy task, and the risk of harm is everywhere.  A baby gate left unlatched at the top of the stairs while hauling down a load of laundry, an electric socket without an outlet cap, visiting the un-baby-proofed home of a friend or relative…all it takes is a split second for the worst to happen.

Our law says the job of Texas prosecutors is to seek justice, not convictions.  Justice in this case should be tempered with mercy, and this father should be left to grieve in peace.

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Bristol Myers is an Austin Criminal Defense Lawyer.  He is Board Certified as a Criminal Law Specialist by the Texas Board of Legal Specialization.