San Antonio Criminal Lawyers Blog

Published on: July 4, 2011

Governor Perry Signs Several Laws That Will Impact the Criminal Justice System in San Antonio and all of Texas – Part I

The regular 82nd legislative session ended on May 30, 2011, and the following House and Senate bills will all take effect on September 1, 2011. The following summary of the laws concerning the criminal justice system will effect the Texas Code of Criminal Procedure, which can be located at the Texas Constitution and Statutes website. As with all new laws, the changes made apply only to offenses committed on or after the effective date.

Misdemeanor Fines and Costs:
House Bill 27 amends the Texas Code of Criminal Procedure, Articles 42.15 and 45.041. This bill applies to defendants of misdemeanor cases who are unable to pay the full amount of the court fines and costs in one payment. When a judge declares the sentence in a case, under the old law the judge could either require the defendant to pay the entire amount of the fines and costs at the time of sentencing or require the defendant to pay the entire amount at a later date. Under the new law, the court has the authority to set-up a payment plan for a defendant. For many people, this will help alleviate much of the stress associated with a misdemeanor case.

New Conditions for Defendants Being Placed on Deferred Adjudication:
For defendants who are going to be placed on deferred adjudication community supervision, House Bill 1106 outlines information that the court must supply. According to amended article 42.12, the court must inform the defendant that they have the right to petition for an order of nondisclosure (i.e. sealing of records, as outlined in Government Code 411.081) if the defendant is eligible. The defendant is limited in pursuing a petition of nondisclosure based on the nature of the offense and/or the defendant’s criminal history. In addition, the bill also outlines the information that must be presented to a defendant in the event of a dismissed case. “A judge who dismisses the proceedings against a defendant and discharges the defendant” must provide a copy of the order of dismissal and discharge and inform the defendant of their right to nondisclosure.
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Published on: June 27, 2011

More Border Patrol Legislation May Be On the Way — Will this Effect Traffickers operating in San Antonio and around Texas?

by Law Office of Dayna L. Jones

June 16, 2011 – A bill has been introduced by Dianne Feinstein (D.-Calif.) to prosecute people who finance or construct border tunnels. The bill also includes illegal tunneling as an offenseeligible for Title III wiretaps.

According to the Feinstein website: “We know that weapons, drugs, and even terrorists can be smuggled through these border tunnels…property owners who recklessly disregard the existence of tunnels on their land will be held to account.”

The Border Tunnel Prevention Act of 2011 will:
• Make the use, construction or financing of a border tunnel a conspiracy offense;
• Include illegal tunneling as an offense eligible for Title III wiretaps even when there are not drugs or other contraband to facilitate a wiretap;
• Specify border tunnel activity as unlawful under the existing forfeiture and money laundering provisions to allow authorities to seize assets in these cases.
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Published on: June 20, 2011

San Antonio, Texas “No Texting While Driving” Law Implicates Fourth Amendment Search and Seizure Concerns – But This Will Not be a Texas Law Says Governor Perry

by Law Office of Dayna L. Jones

San Antonio, like many cities across Texas and the United States, put in place a law prohibiting drivers from texting while driving. However, on June 17, 2011, after passing in the legislature, Governor Rick Perry vetoed Texas House Bill 242. If this bill would have passed, Texas drivers would have faced up to a $200 fine and 30 days in jail. Governor Perry issued a statement agreeing that “texting while driving is reckless and irresponsible” but noting that his reason for denying the bill was because it was an “effort to micromanage the behavior of adults.” (See the full statement here.) It is already a Texas law that teens under the age of 18 are prohibited from using a cell phone while driving.

Texas state law generally takes precedence over a city ordinance such as the San Antonio’s ban on texting while driving. But, since the Governor of Texas has spoken, it remains to be seen whether the City of San Antonio will listen.

If the City of San Antonio and several surrounding cities that have followed San Antonio’s lead continue to ban texting while driving, will the officers who make stops be allowed to search the contents of the driver’s cell phone? It is obvious that keeping the roads safe from distracted drivers is good policy, but, what about the not so obvious consequences that will ensue from this law? Consequences such as unreasonable searches of your cell phone that implicate Fourth Amendment rights.

Take for example the following scenario: An officer believes he sees a driver texting. The officer conducts a traffic stop, explains the reason for the stop and then asks to search the driver’s phone. Does the officer now have probable cause to search the driver’s cell phone? And if so, what is the scope of the search?
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