GeorgeWallace

  • Subscribe to our RSS feed.
  • Twitter
  • StumbleUpon
  • Reddit
  • Facebook
  • Digg

Wednesday, April 3, 2013

Petty tyranny

Posted on 5:00 AM by Unknown
I was in municipal court the other day for a client who had a commercial driver's license and had received a speeding ticket. My client was supposed to be in court at 8:00 a.m. I made it about 15 minutes later.

I called my client's name. There was no answer from the audience. Our first sign of trouble.

Then Judge Mihoa Vo took the bench. Ms. Vo had been a defense attorney practicing in the municipal courts when I first started. Then, a couple of years ago, she was hired as a municipal court judge.

Now this is important because as an attorney she would have had to deal with clients who came in late whether that be because of traffic or because they slept in. There are some judges who will hold off on issuing a warrant if the defendant's attorney answers the docket and there are others who will issue a warrant if the defendant walks in right after the call of the docket.

The first call of the docket took place before I arrived. The judge gave her speech about being on time and proceeded to make the late call. Sure enough, when she got to my client's name there was no answer. So I answered that counsel was present.

I immediately sent a test message to my client asking him where he was. He replied that he was downstairs at the metal detectors (and don't get me started on why we need metal detectors in the municipal courthouse) and that he would be right up.

After the late call I approached the bench and informed the judge that my client was on his way upstairs and she told me that we were more than welcome to try to work the case out but that he was still late. In other words our choice was either to plead or post a bond. We were both there. The officer may or may not have been there. There was no reason to force everyone to do it all over again.

Except, of course, the money. Make it difficult. Make it inconvenient. Anything to coerce the defendant to enter a plea of no contest and take his deferred probation to keep the ticket off his record. Collect that money and move on to the next case.

Trials are time consuming and cost money. It's best to head them off at the pass

Downtown at the criminal courthouse things work a bit differently - and, of course, it all depends on who's sitting behind the raised desk in the black robe. Miss the docket call in misdemeanor or felony court and you may be asked to sit in the jury box all morning. You might be asked to sit there until your attorney arrives. The judge may tell you not to be late again or your bond will be forfeited. Hell, I've had clients who just flat out never showed up on their court date and we were able to reinstate their bonds if they appeared before the judge the next morning.

It's just another example of the maxim that the less significant the piece of turf, the more tyrannical the overseer. Judge Vo didn't have to issue the warrant. I was there. My client was on his way up the stairs. But she wanted my client to know that she had the authority to issue a warrant. She had to keep up appearances - after all, it would never do for people to look upon the municipal courts as a cash collection agency for the city, would it?
Email ThisBlogThis!Share to XShare to FacebookShare to Pinterest
Posted in Houston municipal courts | No comments
Newer Post Older Post Home

0 comments:

Post a Comment

Subscribe to: Post Comments (Atom)

Popular Posts

  • Assuming that was his real purpose
    The other day I was in county court handling a client's DWI case. The judge was calling the trial docket and trying to figure out if any...
  • Poisoning the panel
    The other day Scott Greenfield brought us the story of Erie (NY) County District Attorney Frank Sedita III whose biggest problem isn't ...
  • Rewriting the past
    If you followed the Tour de France back in the early to mid 90's then you knew who Lance Armstrong was before he became famous. He was a...
  • The dog days of April
    For years some fans of the Houston Astros prayed that Drayton McLane would sell the team. After years of trading prospects for rental player...
  • Happy Birthday, Texas
    Happy Independence Day, y'all. Today I'll be up at Washington-on-the-Brazos with my girls celebrating the 177th birthday of the Lon...
  • New per se limit in Washington is problematic
    On November 6, 2012, the State of Washington legalized the recreational use of marijuana . On December 6, 2012, the State of Washington is c...
  • Adventures in spelling
    Here is a sign from a bail bond place in downtown Houston. I spotted it while walking around with my oldest daughter looking for a place to ...
  • Taking away the voice of the people
    Last week Wallace Jefferson, the first black Chief Justice of the Texas Supreme Court, announced that he was stepping down from the Court o...
  • Execution Watch: 11/15/2012
    And the killing machine just keeps running... ON THURSDAY NIGHT, TEXAS PLANS TO EXECUTE: PRESTON HUGHES . Hughes, 46, was sent to Texas deat...
  • The militarization of elementary school
    Every Wednesday Military shirts Spring Branch T-2-4 Plan   By 2017, SBISD will double the number of students completing a technical certific...

Categories

  • 14th Amendment (1)
  • 1st Amendment (11)
  • 2nd Amendment (2)
  • 4th Amendment (35)
  • 5th Amendment (1)
  • 6th Amendment (1)
  • 8th Amendment (5)
  • abortion (1)
  • addiction (3)
  • airlines (1)
  • alcohol concentration (8)
  • Andy Griffith (1)
  • Annise Parker (3)
  • Anthony Graves (1)
  • Anthony Kennedy (1)
  • Antonin Scalia (1)
  • Arizona (1)
  • asset forfeiture (1)
  • Austin Police Department (2)
  • automobile racing (1)
  • barbecue (1)
  • baseball (23)
  • basketball (2)
  • Bill Clinton (1)
  • Bill of Rights (4)
  • blogs (1)
  • blood test (6)
  • bombing (1)
  • bonds (1)
  • Brad Hart (1)
  • Bradley Manning (7)
  • Brady v. Maryland (3)
  • breath test (6)
  • Brett Ligon (1)
  • California (1)
  • Cameron County (1)
  • Cameron Willingham (1)
  • capital punishment (77)
  • Chicago (1)
  • Chile (1)
  • Chris Kyle (1)
  • Christoper Dupuy (9)
  • CIA (2)
  • civil liberties (3)
  • civil rights (1)
  • Civil War (1)
  • Clarence Thomas (1)
  • coercion (1)
  • college football (5)
  • Conroe (1)
  • controlled substance (1)
  • corruption (1)
  • court appointments (2)
  • court martial (1)
  • Court of Criminal Appeals (1)
  • courts (1)
  • crime and punishment (10)
  • crime labs (3)
  • criminal justice (43)
  • criminal procedure (6)
  • cycling (1)
  • Darrell Royal (1)
  • David Dewhurst (1)
  • DEA (1)
  • deadly weapon (1)
  • death penalty (78)
  • Declaration of Independence (4)
  • democracy (6)
  • developers (1)
  • discovery (8)
  • discrimination (1)
  • dissent (3)
  • DIVERT (2)
  • DNA (1)
  • domestic assault (1)
  • domestic surveillance (5)
  • driverless cars (1)
  • drones (2)
  • drought (1)
  • drug laws (3)
  • drug possession (3)
  • drugs (5)
  • drunk driving (26)
  • due process (10)
  • DWI (29)
  • economics (32)
  • education (7)
  • Egypt (2)
  • election (7)
  • Elizabeth Coker (1)
  • England (1)
  • entrapment (2)
  • environment (3)
  • equal protection (3)
  • Eric Holder (2)
  • espionage (2)
  • ethics (27)
  • European Union (1)
  • evidence (1)
  • execution (77)
  • exoneration (3)
  • expert testimony (1)
  • Facebook (1)
  • false confessions (1)
  • Fayette County (1)
  • FBI (3)
  • federal budget (1)
  • federal crimes (4)
  • federal judges (1)
  • federalism (1)
  • field sobriety tests (1)
  • First Amendment (1)
  • FISA (1)
  • football (1)
  • forensics (4)
  • France (1)
  • fraud (1)
  • freedom of expression (5)
  • Galveston County (11)
  • George Bush (1)
  • George McGovern (1)
  • George W. Bush (8)
  • George Zimmerman (1)
  • Gideon v. Wainwright (2)
  • Google (1)
  • Gov. Rick Perry (6)
  • Greece (2)
  • Greg Gladden (1)
  • Guantanamo (4)
  • Guatemala (1)
  • handguns (6)
  • Harris County (10)
  • Harris County courts (17)
  • Harris County DA's Office (15)
  • Harris County Democratic Party (1)
  • Harris County Jail (1)
  • Harris County Sheriff's Office (3)
  • HCCLA (3)
  • healthcare (2)
  • HISD (1)
  • history (2)
  • homeland security (1)
  • homeless (1)
  • Houston (7)
  • Houston municipal courts (3)
  • Houston Museum of Natural Science (1)
  • Houston Police Department (8)
  • HPD (1)
  • human rights (12)
  • humor (1)
  • ignition interlock (1)
  • immigration (3)
  • incentives (1)
  • indigent defense (6)
  • innocence (1)
  • internet (1)
  • intoxication manslaughter (1)
  • intoxilyzer (4)
  • Iran (2)
  • Iraq (1)
  • Italy (1)
  • Jackson County (1)
  • Japan (1)
  • jazz (1)
  • Jerry Sandusky (1)
  • John Boehner (2)
  • John Bradley (1)
  • John Kiriakou (1)
  • John Lewis (1)
  • journalism (1)
  • Judge Bill Harmon (1)
  • Judge David Hittner (1)
  • Judge John Phillips (1)
  • Judge Kelly Case (1)
  • Judge Kevin Fine (1)
  • Judge Mike Fields (2)
  • Judge Reece Rondon (1)
  • Judge Susan Criss (1)
  • Julian Assange (2)
  • junk science (6)
  • jurors (2)
  • jury (1)
  • Justice of the Peace (2)
  • juvenile law (1)
  • juveniles (6)
  • Ken Anderson (1)
  • KPFT (1)
  • labor (3)
  • Lance Armstrong (2)
  • Larry Swearingen (1)
  • Latin America (1)
  • law school (2)
  • Liberty County (1)
  • limited government (1)
  • Lloyd Oliver (3)
  • logic (1)
  • Longhorns (4)
  • Lynne Stewart (1)
  • Mack Brown (1)
  • Mali (1)
  • Manny Diaz (1)
  • marijuana (3)
  • marketing (2)
  • Martin Luther King (2)
  • mathematics (2)
  • medicine (1)
  • mental illness (6)
  • Mesquite (1)
  • METRO (2)
  • Mexico (1)
  • Michael Morton (2)
  • Middle East (3)
  • Mike Anderson (7)
  • military coup (1)
  • Mitt Romney (3)
  • Montgomery County (2)
  • Montgomery County DA's Office (2)
  • municipal court (1)
  • murder (5)
  • NASCAR (3)
  • National Lawyers Guild (1)
  • NATO (1)
  • NCAA (1)
  • New York (1)
  • Newt Gingrich (1)
  • NHTSA (2)
  • No Refusal Weekend (2)
  • Nobel Prize (1)
  • NSA (2)
  • official oppression (1)
  • oil (3)
  • Olympics (1)
  • parking (1)
  • Pat Lykos (4)
  • Patriot Act (1)
  • Pearland (1)
  • Penn State (1)
  • pentobarbital (1)
  • personal bonds (1)
  • philosophy (2)
  • Pine Shadows (1)
  • poker (1)
  • police brutality (4)
  • police tactics (3)
  • politics (50)
  • Polk County (1)
  • President Obama (25)
  • presumption of innocence (2)
  • pretrial diversion (2)
  • prison (4)
  • privacy (14)
  • prosecutorial misconduct (2)
  • psychiatry (1)
  • psychology (1)
  • public defender's office (1)
  • punishment (2)
  • Pussy Riot (1)
  • R. Allen Stanford (1)
  • racism (4)
  • rape (1)
  • religion (7)
  • revenge (1)
  • Roger Clemens (1)
  • rule of law (1)
  • running (3)
  • Russia (1)
  • same-sex marriage (2)
  • schools (2)
  • science (6)
  • scientific evidence (1)
  • search warrant (8)
  • sentencing (5)
  • Sharon Keller (1)
  • smuggling (1)
  • soccer (3)
  • social media (4)
  • social security (1)
  • South Africa (2)
  • Spring Branch (1)
  • surcharges (1)
  • Syria (2)
  • taser (2)
  • technology (1)
  • television (1)
  • Texas (4)
  • Texas Constitution (3)
  • Texas DPS (5)
  • Texas Supreme Court (2)
  • Thane Rosenbaum (1)
  • The Gambia (1)
  • torture (9)
  • Tour de France (2)
  • traffic (1)
  • traffic court (3)
  • Trayvon Martin (1)
  • trial preparation (2)
  • trial tactics (10)
  • Troy Anthony Davis (1)
  • TSA (3)
  • Twitter (1)
  • University of Texas (2)
  • US Constitution (7)
  • US Supreme Court (6)
  • Victoria County (1)
  • Vietnam (1)
  • violence (1)
  • Visa (1)
  • voir dire (3)
  • voting (3)
  • war (7)
  • war crimes (6)
  • war on terrorism (24)
  • Washington (1)
  • Wells Fargo (2)
  • white collar crime (1)
  • Wikileaks (6)
  • Williamson County (1)
  • writ of habeas corpus (1)

Blog Archive

  • ▼  2013 (242)
    • ►  September (11)
    • ►  August (26)
    • ►  July (27)
    • ►  June (22)
    • ►  May (33)
    • ▼  April (32)
      • Happy Birthday, Willie
      • There's a reason you have two ears and only one mouth
      • High court says no to warrantless blood draws - or...
      • Now for something completely different...
      • Update: Another senseless death
      • Adventures in spelling
      • An apology
      • Execution Watch: 4/25/2013
      • Sometimes I feel like a motherless child
      • Execution Watch: 4/24/2013
      • Dropping the other shoe
      • Were you the same person 32 years ago?
      • Book review - The Lawyer Bubble: A profession in c...
      • A few thoughts on the bombing in Boston
      • Update: The killing never stops
      • Dreams turn into nightmares
      • Execution Watch: 4/16/2013
      • We certainly can't let a bit of repression get in ...
      • State Senate passes Michael Morton Act (corrected ...
      • Who's really to blame for network fiasco?
      • Principled grandstanding
      • Update: Texas kills again
      • The academic justification for revenge
      • Execution Watch: 4/10/2013
      • Making a bad bill even worse
      • Execution Watch: 4/9/2013
      • A gun in every house, a chicken in every pot
      • Shielding the truth
      • Just because you can
      • Petty tyranny
      • Serving justice?
      • Drawing a line
    • ►  March (29)
    • ►  February (29)
    • ►  January (33)
  • ►  2012 (258)
    • ►  December (32)
    • ►  November (32)
    • ►  October (35)
    • ►  September (30)
    • ►  August (37)
    • ►  July (36)
    • ►  June (28)
    • ►  May (28)
Powered by Blogger.

About Me

Unknown
View my complete profile