You’ve Been Accused of Operating a Pill Mill in Texas – What Now?
In Texas, as in many other states, state and federal law enforcement have been grappling with the national opioid epidemic.Read More
Kelly Case Is a good and honorable man. He also happens to be a Montgomery County District Court Judge. Since he took the bench, he has been under attack for his so -called “pro-defense” rulings. The Montgomery County DA Office routinely bashes Case in the press. They did it again today.
What is really going on here? I have an idea.
Most judges are ex-prosecutors and very pro-prosecution. Judges routinely bend over backwards to aid the prosecution. Some of the judges in Harris County are so pro-prosecution, they have been dubbed ” The Judicial Branch of the DA’s Office.”
The DAs are spoiled. They are accustomed to judges that are part of their team. They are accustomed to judges who wink and nod , (and text) and do their all for the prosecution team.
Of course, these pro-prosecution judges are not good judges. A judge is supposed to be a ” neutral and detached magistrate”. That’s right, a judge isn’t supposed to be on either team.
The Honorable Kelly Case is a good judge. While he sometimes rules for the defense, he also rules for the state. He is a good judge because he is ” neutral and detached”, as a judge should be.
Judge Case is not part of the good ole boy prosecution team. This pisses off the prosecutors. They don’t know what to do with a judge who isnt ” a wink wink, nod nod team player”. So what do they do? They do what any spoiled child does when that child doesn’t get his way. They whine, and stomp their feet and throw themselves on the ground pounding the dirt.
It is unfortunate for the good citizens that the Honorable Kelly Case is not running for re-election. We need more good judges like Kelly Case and fewer judges who act as members of the prosecution team.
I wonder what the DAs would do if all judges were ” neutral and detached magistrates?” They need not worry. For the foreseeable future we will continue to have pro-prosecution judges; good ole boys and gals who are about as neutral and detached as the DAO wants them to be. The stacked deck helps the DAs but it’s hell on the presumptively innocent.
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.
Client, a Houston area professional who frequently travels for work, was accused by his wife of assaulting her in his family home. Defense showed that wife’s story lacked credibility and there was no physical evidence in support of the wife’s allegation.
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.
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.
In Texas, as in many other states, state and federal law enforcement have been grappling with the national opioid epidemic. This has led to increased scrutiny and stricter regulations surrounding the prescription and distribution of controlled substances. In recent years, …
Texas State law makes it a crime to make a false alarm or false report.What is Against the Law?
Under Texas law, it is a crime to make a false report. This is intended to deter people from making …
In recent years, technology has made its way into almost every facet of our lives, and the judicial system is no exception. Federal criminal proceedings in the Southern District of Texas, Houston Division, have experienced a significant transformation due to …