Thank you so much Mr. President.

President Obama recently inserted himself directly into a disorderly conduct misdemeanor arrest in Massachusettes. I can't remember a President dealing with a misdemeanor before unless you include President Carter and his brother Billy. You may wonder how this would affect a criminal defense lawyer in Fort Worth, Texas. Well...it is the way the President offered to mediate this problem. He gets involved, case dismissed, joint statement of perhaps we lost our cool and then beers on the President at the White House. Now instead of the magical "12.44" being the holy grail of criminal defendants in Texas, it is the "Obama option" that everyone wants.

Now I have to explain to clients why they should not expect the "Obama option" in their case. First you are not a Harvard professor, nationally prominent scholar, friend of the President and we can stop there. However, now before my client wants me to seek the eluisive magical "12.44" I must first offer the "Obama option" of case dismissed, joint statement of perhaps we lost our cool and then beers on the President at the White House. Thus far I have not seen a lot of success with the Obama Option in Tarrant County, Texas. So thank you so much Mr. President now we have a new starting negotiation position.

How many crimes do we need?

I was at a statewide conference of criminal defense attorneys recently when I heard a statistic that caused me to look up from my coffee and continental breakfast. The speaker said that in Texas we have over 2,300 ways to commit a felony on the books. These crimes are not all contained in the Texas Penal Code where one would look for crimes. Instead they are strewn in every corner of the Texas statutes. They are in the Business Code, Transportation Code, Government Code, Agriculture Code, Family Code, Health & Safety Code just to name a few. So you would think with 2,300 ways that Texans can commit felonies, the legislature would think that we probably have enough crimes on the books. We do not seem to have excess room at state prisons and severe under crowding problems. Well you would be wrong. Our legislature just recently completed it's once every two year session and guess what? We have new felonies to add to the books.

Don't get me wrong, I appreciate the government working hard to create business for us criminal defense lawyers. However, we are not hurting for clients if they did not add anymore crimes to the books. Among the new ways you can commit a felony in Texas are: Sneaking a cell phone into a correctional facility; Online Harassment; Theft of tubing, rods or water gate stems; Assault by Strangulation; Theft of a Military Grave Marker; Theft of cattle, horses, exotic livestock or fowl; Credit/Debit Card Abuse if the victim is elderly. I am not saying that I am in favor of any of these things being legal, however, some of these already exist as crimes in Texas but were not felonies. All I am asking is how many crimes do we need?

Governor Perry's idea of a hazard to public safety.

Sorry for the delay between posts. You can insert all the usual reasons i.e. busy, vacations, lazy or held hostage etc. Anyway, I am back and I have a question for you. What does Gov. Rick Perry consider a "hazard to public safety"? Answer: Wrongfully arrested citizens having the records of their wrongful arrest removed from their record. Yep, that is not a misprint or exaggeration.

The Texas Legislature passed, without a single vote in opposition, a bill that would have allowed Texas citizens who were arrested and their case dismissed without conviction or any kind of probation, to have the record of their arrest expunged immediately. Keep in mind, a prosecutor would have looked at the case and said that it should be dismissed. No prosecution, no hearing, no getting off on "some technicality" we lawyers call the Constitution. This could be arrested wrong person, prosecuting witness lied and recanted their story etc. So both sides agree that the case should be dismissed. So with that said, how is it that being forced to carry around on your record, usually for two years at least, with all the explanations that will have to be made every time you apply for a job or credit, making the public of Texas more safe. Safe from what?

The Governor must know something all of the rest of us don't so I will let him try to explain. Here is what he said,

TO ALL TO WHOM THESE PRESENTS SHALL COME:
Pursuant to Article IV, Section 14, of the Texas Constitution, I, Rick Perry, Governor of Texas, do hereby disapprove of and veto House Bill No. 3481 of the 81st Texas Legislature, Regular Session, due to the following objections:
House Bill No.. 3481 would authorize the expunction of criminal records, including law enforcement case files, 180 days after an arrest if no formal misdemeanor or felony charges have been filed. Current statutory provisions require that the statute of limitations for the particular offense, usually at least two years, expire before criminal records may be destroyed, including in cases involving misdemeanor offenses. Current law provides that an individual is entitled to copies of their expunged records after the statute of limitations has expired. A prosecutor may contest the expunction by proving reasonable cause that the person will be charged, leading the prosecutor to reveal details of the investigation prior to its completion. Expunction statutes should not be used as a means of discovery or as a means to force a prosecutor to rush to file formal charges prematurely. Allowing a person to know the identities of witnesses or the nature of their evidence unnecessarily endangers both law enforcement and citizen witnesses prior to an indictment for murder, organized crime, sexual assaults and other serious offenses. House Bill No. 3481 precipitates an untenable injustice to victims and a hazard to public safety.
IN TESTIMONY WHEREOF, I have signed my name officially and caused the Seal of the State to be affixed hereto at Austin, this the 19th day of June, 2009.
RICK PERRY
Governor of Texas

Perhaps the Governor is not aware that Tampering with a State witness is already a felony and Organized Crime is likewise a crime that covers the Governor's concern. So if you are wrongfully arrested and all sides agree to dismiss the case, remember you are too great a threat to the citizens of Texas to have that mistake removed from your record. For all of us you must carry that around with you until the statute of limitations expires on your wrongful arrest. As you deal with the problems that arise, take heart that you are making us all safer according to your Governor. I understand he is running again.