What You Should Know about Texas’s Capital Murder Charge
Capital murder is the most severe charge in Texas and can carry the death penalty. A recent story from Lubbock Online highliRead More
The legislature needs to act in the next session to make some important changes to protect the good citizens. Abusive cops, abusive DAS and abusive judges will not self correct. Going to Federal court takes too long. The Texas Legislature needs to pass laws to effectuate changes for those thrust into the aptly named criminal justice system. My Suggested changes are listed below:
1. Citizens Bill of Rights – We need to codify a citizen’s basic rights when they have a police encounter.
2. Family of Police Shootings- They are often victims, or at least often innocent of any wrongdoing. They are rarely accorded any Information. We need a statute that requires the police/ state to timely inform the next of kin of certain facts, like, if and when the shooting case is presented to a grand jury.
3. Willful Prosecutorial Misconduct-We need to criminalize a prosecutor’s willful withholding of exculpatory evidence or willful manufacturing of evidence that leads to a Wrongful conviction. There can be no statute of limitations. It needs to be a felony. It Needs to be at least a third degree felony. The statute needs to state in all case A special prosecutor will be assigned.
4. Granting of PR bonds- We need to combat the systematic denial of PR bonds with legislation. We need a statute that utilizes current PTS evaluations. We need to have a rebuttable presumption that a magistrate will grant a PR bond at the earliest opportunity to any individual who:
1. Has no prior criminal record;
2. Has a low to moderate risk assessment by PTS;
3. Is currently charged with:
Any offense on an enumerated list of non- violent misdemeanors or
Any felony possession of less than a gram wherein the defendant will be automatically accorded probation .
5. Sealing Records- We need to make it easier for people to seal their record and we need to expand the ability to do so. We need to expand who is eligible to file petitions for non disclosure to include people who received straight probation. We need to shorten the amount of time after a felony community supervision is completed for eligibility to file a petition for non disclosure.
The legislature needs to act to protect the people of this state from those who use their power to abuse us.
There is no such thing as a small tyrant. Damn all tyrants.
Robb Fickman, Houston
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 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.
Client was retired professional. Client was accused of being involved in a road rage incident in 1960 Area. Defense put together a 100 page memorandum that demonstrated complainant was actual aggressor.
Client was accused of touching child. Case involved thousands of pages of psychiatric and Child Protective Services records as well as investigations by multiple police departments. After three- year fight, case dismissed.
Client accused of shoving and knocking down family member causing injury. After investigation, charges were dismissed.
Client was accused of knocking disruptive student against the wall. Videotape of incident was obtained. Witnessed located and interviewed. On the day of trial, case was dismissed
Client was nurse at mental hospital. Client accused of assaulting fellow employee who was being rough with patient.
Louisiana businessman accused of assaulting co-worker in drunken bar fight.
Client was accused of shoving date out of vehicle and breakings date’s property. Investigation showed allegations were false.
Client was accused of producing and using fraudulent temporary tags in sale of vehicles.
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