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Read MorePosted by: Robert Fickman
Category: The Meaning of America by Robb Fickman
Friends-
I have now practiced criminal defense law For 30 years.In the early years,being an Eagle Scout and all, I held certain false, rather naive beliefs. It took me a number of years to learn that not everyone called “Your Honor”, had honor. It took me a few more yearsto overcome my natural fear of those called “Your Honor”. Aftercourting death afewtimes, during my mountaineering years, I gained a broader view of the world. The mountains tend to dwarf men, even those who wear robes.
The world is much bigger than the Harris County Criminal Courthouse. With clearer vision, I have come to seethat not all judges are worthy of being called ” Your Honor”. Some are quite abusive, particulary tothe poorest amoung us.
The criminal justice system draws bullies. Some wear police uniforms, some carry DA badges, some wear Robes, some carry probation officer badges, and some even call themselves defense lawyers. I try not todiscriminate. I dislike all bullies and I dont give two shits what their role in the system is. If they are bullies, they are my adversary.
A justice system should not tolerate bullies. A justice system that tolerates bullies, encourages abuse by these same bullies.Unfortunately, The Texas criminal justice system is rife with bullies abusingwhomever they like. Even more unfortunately, too many good men and women with bar cards stand silenty by, while bullies treat the poor as mean as hell. Most unfortunately, too many good judges sit silently by, knowing that their brethern or sistren* are abusing the presumptively innocent.
Some in the criminal justice system, think I am too harsh in my criticism.Well, I am not too harsh in my criticism. They are wrong. We each have a duty to speak up regarding this disgraceful system.
I dont believethis malignant self-perpetuating, fraud ofa justice system is capable of ever self-correcting.In 30 years, I have seen no evidence that those who perpetuate the evils within this system will have an epiphany and do the right thing.That doesnt happen. I do believe that with constant pressure, raised voices,lawful provocationand bad publicity- change may be forced on those in power.
To those who would like me to “Shut Up”, I am sorry. In the Fickman house we were raised Never to say “Shut up” to anyone. Likewise we were raised to ignore the words “Shut up”, if we were in the right. So, while the bullies may like me to shut up, I aint shutting up. Not till they are tossing dirt on my box.
Those who participate in perpetuating the evils of the system, make excuses to justify what they do. I guess it makes it easier for them to look in the mirror.Additionally,Those who arepart of the meanness in the system support one another.They reinforce each other with “ends justify the means” arguments andcommunal deliberate ignorance.
They can pat each other on the back till they knock each other down. TheSystem is a disgrace and I will keep saying it, till there is true change.
Robb Fickman, Houston @rfickman
The client, a Houston area medical assistant, was accused by her estranged husband of assaulting her in her family home. The defense showed that the complainant had a history of alcohol abuse and violence. The defense demonstrated that the police failed to conduct an adequate investigation of the initial charge, No charges should have ever been accepted.
The client believed to be facing potential Wire Fraud Charges related to SBA PPP loan applications. Investigation of applications for PPP loans and PPP forgiveness demonstrated that the Client had at all times acted in a lawful manner. Investigation demonstrated no fraud was committed by the client. Case closed.
Client was charged by Federal Indictment with making a social media post that threatened Malicious Damage and Destruction of a Building by Means of Fire and Explosives in violation of Federal law. The Defense showed that Client was a law-abiding citizen. The Defense further showed that the alleged threat was not made with any criminal intent.
The client, a public official with a long history of public service, was accused by a former girlfriend of engaging in non-consensual sexual relations. The Defense investigation and analysis showed through a detailed timeline that the allegation made absolutely no sense. Phone records, including calls and texts, were relied on to help establish an accurate timeline. The Defense met with law enforcement and reviewed a detailed package that exonerated the accused.
The client, a young Black male, was driving his car when police pulled him over for no apparent reason. It looked to be a profile stop. The client was accused of possessing a controlled substance in his vehicle. The Defense showed that there was no lawful basis for the police to stop the Client’s car. The Defense also showed that there was no lawful basis for the search of the Client’s car. It was a bad search, so the seized evidence was not admissible.
Client charged in Federal Indictment In “Operation Wrecking Ball” with 55 named co-defendants. Client faced seven charges. Client was charged with Conspiracy to Distribute Cocaine and Conspiracy to Engage in Money Laundering. Client was also charged with four counts of Distribution of Cocaine and one count of Money laundering.
Allegations involved client’s alleged use of his home to distribute cocaine. Government’s lengthy investigation involved numerous wiretaps, surveillance, video, pole cams, search warrants, vehicle stops and use of cooperating co-defendants.
Client went to trial with four remaining defendants. After a two-week trial, Judge granted Motion for Acquittal on four of the seven charges. Jury found Client Not Guilty of remaining three charges.
Client charged in Federal Court with two counts of Wire Fraud related to Five SBA EIDL loan applications. The Government alleged the client, a Houston professional, defrauded the Small Business Administration out of over $150,000. The Government also found the intended loss was over half a million dollars. The Client faced up to 20 years in prison on each count. The Defense investigated the case and negotiated a deal that included the Government not opposing a probation. The Federal Guideline calculation was for a prison sentence and the Probation Department recommended a prison sentence. Attorney Fickman submitted a 90 page Defense Sentencing Memorandum asking for Probation.
The client, a Houston area medical assistant, was accused by her estranged husband of assaulting her in her family home. The defense showed that the complainant had a history of alcohol abuse and violence. The defense demonstrated that the police failed to conduct an adequate investigation of the initial charge, No charges should have ever been accepted.
The client believed to be facing potential Wire Fraud Charges related to SBA PPP loan applications. Investigation of applications for PPP loans and PPP forgiveness demonstrated that the Client had at all times acted in a lawful manner. Investigation demonstrated no fraud was committed by the client. Case closed.
Client was charged by Federal Indictment with making a social media post that threatened Malicious Damage and Destruction of a Building by Means of Fire and Explosives in violation of Federal law. The Defense showed that Client was a law-abiding citizen. The Defense further showed that the alleged threat was not made with any criminal intent.
The client, a public official with a long history of public service, was accused by a former girlfriend of engaging in non-consensual sexual relations. The Defense investigation and analysis showed through a detailed timeline that the allegation made absolutely no sense. Phone records, including calls and texts, were relied on to help establish an accurate timeline. The Defense met with law enforcement and reviewed a detailed package that exonerated the accused.
The client, a young Black male, was driving his car when police pulled him over for no apparent reason. It looked to be a profile stop. The client was accused of possessing a controlled substance in his vehicle. The Defense showed that there was no lawful basis for the police to stop the Client’s car. The Defense also showed that there was no lawful basis for the search of the Client’s car. It was a bad search, so the seized evidence was not admissible.
Client charged in Federal Indictment In “Operation Wrecking Ball” with 55 named co-defendants. Client faced seven charges. Client was charged with Conspiracy to Distribute Cocaine and Conspiracy to Engage in Money Laundering. Client was also charged with four counts of Distribution of Cocaine and one count of Money laundering.
Allegations involved client’s alleged use of his home to distribute cocaine. Government’s lengthy investigation involved numerous wiretaps, surveillance, video, pole cams, search warrants, vehicle stops and use of cooperating co-defendants.
Client went to trial with four remaining defendants. After a two-week trial, Judge granted Motion for Acquittal on four of the seven charges. Jury found Client Not Guilty of remaining three charges.
Client charged in Federal Court with two counts of Wire Fraud related to Five SBA EIDL loan applications. The Government alleged the client, a Houston professional, defrauded the Small Business Administration out of over $150,000. The Government also found the intended loss was over half a million dollars. The Client faced up to 20 years in prison on each count. The Defense investigated the case and negotiated a deal that included the Government not opposing a probation. The Federal Guideline calculation was for a prison sentence and the Probation Department recommended a prison sentence. Attorney Fickman submitted a 90 page Defense Sentencing Memorandum asking for Probation.
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