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Most people do not expect the Federal government to seize their property. Yet in Federal asset forfeiture cases, that is exa
Read MoreFamily violence charges are severe. The consequences can be long-term. If you are charged with a misdemeanor or felony famil
Read MoreForensic evidence can often play a significant role in determining a person’s guilt or innocence in criminal cases. Ho
Read MoreFor years in Harris County, Texas, indigent defendants were systematically denied personal recognizance bonds. As they were
Read MoreIf you or a loved one is charged in a Federal criminal case, it can be an incredibly challenging and stressful time. We alwa
Read MoreMost people do not expect the Federal government to seize their property. Yet in Federal asset forfeiture cases, that is exa
Read MoreFamily violence charges are severe. The consequences can be long-term. If you are charged with a misdemeanor or felony famil
Read MoreForensic evidence can often play a significant role in determining a person’s guilt or innocence in criminal cases. Ho
Read MoreFor years in Harris County, Texas, indigent defendants were systematically denied personal recognizance bonds. As they were
Read MoreIf you or a loved one is charged in a Federal criminal case, it can be an incredibly challenging and stressful time. We alwa
Read MoreMost people do not expect the Federal government to seize their property. Yet in Federal asset forfeiture cases, that is exa
Read MoreFamily violence charges are severe. The consequences can be long-term. If you are charged with a misdemeanor or felony famil
Read MorePosted by: Robert Fickman
Category: The Meaning of America by Robb Fickman
Friends-
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
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.
Forensic evidence can often play a significant role in determining a person’s guilt or innocence in criminal cases. However, forensic evidence is not infallible and can sometimes be challenged.
In Houston, years ago, the Houston Police Department came under critical …
For years in Harris County, Texas, indigent defendants were systematically denied personal recognizance bonds.
As they were indigent, they could not afford to hire a bondsman. As they were systematically denied PR bonds, they remained in jail.
Ultimately, this led …
If you or a loved one is charged in a Federal criminal case, it can be an incredibly challenging and stressful time. We always fight and try to find a way to win the case. Nevertheless, after weighing the evidence, …
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