Lubbock Criminal Defense Lawyers Association

Congratulations to Mike Brown! Mike’s client was acquitted in 137th District Court in 20 minutes. The charge was aggravated assault with a deadly weapon, to wit a tire-iron. Mike got a self-defense and defense of a third person charge. Complainant claimed defendant caused a two-inch gash that required 9 stitches, but there was no blood found on the tire-iron. Good job, Mike!

Congratulations to Bill Wischkaemper! He won an acquittal for his client in Garza County Court on an assault case. Bill described the case as “a cat-fight at the rodeo.” The complainant suffered $20,000 worth of medical expenses at the hands (and feet) of Bill’s lady, but the jury nullified her guilt, per Bill. It was a two-day trial, one-hour verdict.

This is an informal list of some of the classes the Probation Department uses for Misdemeanor cases. I thought you could use it to figure out what class you want someone to attend, etc. Let me know if you need any additional information.

PERSONAL DEVELOPMENT SEMINARS- These are 8-hr seminars put on by a company not associated w/ our department. Right now they offer seminars on the following topics: Violence Intervention, Alcohol Related Offenses, Theft Intervention, Marijuana Offender, General Offender (once called the Horizons course), Alcohol & Drug Awareness, and Driving While Lic. Suspended. These are offered on Saturday and the cost is $85, or $75 if they register ahead of time.

CD Seminar (Chemical Dependence)- $30, offered by Brito Counseling Services at this time.

This is a seminar we might send someone to who has no history of drug use, but has tested positive (1 time) for marijuana.

SAE-SUBSTANCE ABUSE EVALUATION- Usually when someone’s judgment says they need an evaluation, we refer them somewhere where they can also attend and complete treatment if recommended, whether that be inpatient or outpatient treatment

Note: We used to see SASSI written on the judgment—-that is a tool used when it has already been determined someone needs treatment.
DOMESTIC VIOLENCE LEVEL I- If we see this on a judgment, we will either refer that person to a Personal Development Seminar for Violence Intervention ($75-$85), or we can send them to an 8-hr Anger Management Workshop put on by The Covenant Counseling Center ($60).

INDIVIDUAL ANGER COUNSELING—We’ll send someone to Covenant Counseling Center (or somewhere similar) for an assessment. If after the assessment, it is determined they need counseling, they will have to attend as directed.

BIP or BATTERER’S INTERVENTION PROGRAM- This is a 24 week program put on by Women’s Protective Services. The initial assessment is $25, after that they pay $15 weekly. They meet on Monday nights and attendance is strictly monitored. (Total cost is $385)

SOP or SHOPLIFTER OFFENDER PROGRAM-This class is offered on one Saturday a month at our department. Cost is $75 and they must register before the actual date of the class.

VIP or VICTIM IMPACT PROGRAM- Put on by MADD, cost is $30 and it takes place the 3rd Tuesday of every month at the Courthouse. This is usually used for DWI 1st offense.

AOP or ALCOHOL OFFENDER PROGRAM-Cost is $60 and is used for 1st time DWI offenses.

DWI INTERVENTION PROGRAM—This is a 48 hour class used for DWI 2nd and above. Cost is $200.

DOP or DRUG OFFENDER PROGRAM-This is an $80 program. This is the class used for drug offenses.

THINKING FOR A CHANGE- This is a 22-week class put on by the Probation Department. The class meets once a week, and it usually lasts about 2 hours. This class is free and attendance is strictly monitored.

David Guinn secured a Not Guilty verdict in CCL#2 in a DWI 1st trial. ADA Barron Slack did an outstanding job and is serious force to be reckoned with. Guinn’s client had good balance for a short, heavy guy who refused a breath test but did request a blood test. LPD declined, of course.

David Crook won a big victory in a domestic assault case in CCL#2, despite the fact the complainant did not recant at trial, and EMS records revealed objective injury. David credits the win to several factors, including a jury that understood the concept of proof beyond a reasonable doubt. Good job, David!

I met with the Lubbock County Board of Judges today about the policy regarding client attendance at PNC’s. As most of you are aware, Judge Ladd recently posted a memo outside his court requiring all clients to personally appear at all PNC’s. Also, all written PNC notifications from the District and CCAL court coordinators require clients to appear at all PNC’s. However, the written local rules (below) adopted by the board of judges does not require client attendance at the initial PNC.

In short, the board of judges told me that attorneys should comply with the written local rules for the time being: YOU ARE NOT REQUIRED TO BRING YOUR CLIENT TO THE FIRST PNC IN ANY LUBBOCK COUNTY CRIMINAL COURT, as long as you are in contact with your client, and in a position to either accept or reject the offer made by the state. You are required to bring your client to subsequent PNC’s. Meanwhile, the judges are to form a committee to look into tweaking all of the local rules, which have not been modified in several years. They promise we will be involved in the process. Thus, we can address other concerns about the PNC system, delinquent plea offers from the CDA, slow discovery response from the CDA, etc.

Rule 5.20(G) of the Local Administrative Rules of the District Courts and County Courts-at-Law of Lubbock County, Texas, reads as follows: “The First Scheduling Conference in felony cases will be held within 30-45 days of the arraignment. In misdemeanor cases, the First Scheduling Conference will be set as soon as possible after the 30th day after the arraignment. The Criminal District Attorney shall make a plea bargain offer, or announce that no offer will be made, at least 10 days prior to the first scheduling conference. At the first scheduling conference, it is not necessary for the defendant to be present, as long as the defense attorney is in contact with the client, and the attorney is in a position to either accept or reject the offer made by the state. If subsequent scheduling conferences are necessary, the defendant must be present at each one. . .” (emphasis supplied).

Please welcome our newest member, Greta Braker, into the fold. braker@wtxinnocence.org