Articles by Broden & Mickelsen on ArticleSnatch.com

The Truth about DWI Charges

Tue, 07 Oct 2008 00:00:00 -0400

Generally speaking criminal defense lawyers look forward to representing people charged with DWIs. Many clients clients charged with a DWI are reasonable, articulate and, probably most importantly to lawyers, are able to pay a fee. Unless a person is charged with having committed their third DWI, the stakes are not as high as when representing a client charged with a felony crime, and unless there was an accident, the lawyer does not have to confront an injured victim. As a consequence, lawyers aggressively market for the DWI business, and as usual, when aggressive marketing is taking place, the truth is often sacrificed. The following is a little "straight talk" about DWIs. The many DWI cases that go to trial have similar facts. The defendant was driving between the hours of 11 pm and 5 am and is stopped by a police officer. The officer claims to smell the odor of alcohol and asks the driver if he has had anything to drink. The driver says he had one or two drinks several hours ago. The officer asks the driver to perform field sobriety tests. Usually the first is the horizontal gaze nystagmus test.** End Summary**

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Source: Broden & Mickelsen - Dallas DWI Lawyers

How Should I Go About Selecting A Lawyer to Represent Me At Trial?

Tue, 24 Jun 2008 00:00:00 -0400

Like every other profession, there are numerous attorneys who are dedicated to charging fair fees and zealously representing their clients. On the other hand, there are numerous attorneys who are either not qualified in certain matters, but will become involved if 'the price is right,' or who are not dedicated to putting the interests of the clients first. If you are charged with a criminal offense in state court in Texas, there will be several considerations before you can select an attorney who is truly committed to giving you the best representation possible. First, we suggest that you hire an attorney who practices almost exclusively criminal law. Criminal defense is a highly specialized field of law and it is very difficult for an attorney who practices in several areas of the law to have the knowledge necessary to provide the type of representation that a person who is charged with a criminal offense deserves. Second, we suggest that you hire an attorney who is certified by the Texas Board of Legal Specialization as an expert in criminal law. Approximately ten percent of attorneys are certified by the Board as specialists in a particular area of law.** End Summary**

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Source: Broden & Mickelsen

Should I Accept A Plea Bargain

Tue, 24 Jun 2008 00:00:00 -0400

In almost every criminal case a defendant will be offered a âplea bargainâ and, indeed, most criminal cases ultimately do not go to trial. Whether to accept a plea bargain offer depends upon a variety of factors and is almost always dependent upon the facts of the individual case. Nevertheless, generally the two most important considerations in determining whether to accept a plea bargain offer is making sure you understand ALL the consequences of any plea bargain and making sure you have confidence that your lawyer is acting ONLY with your best interest in mind. Here are some questions to which we suggest you know the answer before pleading guilty to any charge: (1) What is the evidence against you? Make sure your lawyer has told you the strength and weaknesses of the prosecutionâs case against you so you can adequately assess the pros and cons of not accepting a plea bargain and going to trial? (2) What will you be admitting to if you accept the plea bargain and plead guilty? (3) What will you get out of the plea bargain that you could not get if you went to trial?** End Summary**

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Is Execution by Lethal Injection Painful?

Tue, 24 Jun 2008 00:00:00 -0400

The Supreme Court heard arguments with respect to execution by lethal injection constitutes cruel and unusual punishment. Lethal injection has become the standard method of execution in the United States, Nevada being the only exception by relying on the electric chair. Almost all jurisdictions which employ lethal injection rely on a "three drug cocktail." First a drug is administered that renders the condemned prisoner unconscious; second, a drug is administered that paralyzes the prisoner; and third, road salt is injected into the blood stream to stop the heart. If the inmate is unconscious when the last drug is administered he or she will feel no pain. The concern arises form the fact that the first drug will wear off and the inmate will be conscious when the third drug is administered. In this eventuality the condemned man or woman will experience a horrible, excruciating death. Apparently the possibility of waking up is not remote. There is some anecdotal evidence this has actually happened in executions.** End Summary**

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Source: Broden & Mickelsen

Is the Death Penalty a Deterrent?

Tue, 24 Jun 2008 00:00:00 -0400

The most common justification I hear for the death penalty is that it deters crime. When I consider the hundreds of death penalty cases with which I am familiar, and the dozen or so which I have worked on personally, I am always puzzled by this position. I ask myself, "Have the people that advocate this proposition taken a close look at death penalty defendants?" Most death penalty defendants are guilty, and in my opinion, most defendants committed their crime as a result of three common factors. First, they are anti-social. In other words, they have an inability to relate normally to fellow human beings. They hold themselves in low regard and hold their fellow man in equally low regard. Second, they have low intelligence. Intelligent anti-social people engage in fraud or selfish business practices. Anti-social people of low intelligence rob a convenient store clerk for a $100 and then kill him unnecessarily because they give no value to his life. Third, the vast majority of death penalty defendants themselves have been the victims of horrendus human behavior in the form of parental abuse or something similar.** End Summary**

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Source: Broden & Mickelsen

Dallas County Exonerations

Tue, 24 Jun 2008 00:00:00 -0400

Recently in the media there have been numerous stories about the exoneration of inmates from the Texas prison system. Texas has had more exonerations than any other state and Dallas more exonerations than any other city. Most of these exonerations have come about as a result of the noble efforts of the Texas Innocence Project. This nonprofit organization has sought cases in which an inmate's credible claims of innocence could be corroborated by DNA testing that was not available at the time of the offense. Given that most credible claims of innocence are not subject to such verification this phenomenon strongly suggests there are many innocent people languishing in prison. Why is Dallas ground zero for these exonerations? I think there are two principal reasons. The most often cited reason is that Dallas County maintains its evidence in relation to closed cases longer than any other county. This means many more defendants from Dallas County can verify there claims than in other counties. The other reason is more troubling. In my opinion there exists in Texas institutional hostility to the idea of exoneration.** End Summary**

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Source: Broden & Mickelsen

Public Defender vs. Private Attorney

Tue, 24 Jun 2008 00:00:00 -0400

between being represented by a public defender as opposed to being represented by a retained attorney in a criminal case. The study was conducted by two economists for Emory University. The study concluded that in serious cases âthe average sentence for clients of public defenders was almost THREE YEARS longer than the average for clients of private attorneys.â Moreover, when all cases were considered, the average sentence for clients of public defenders was almost FIVE YEARS longer than the average for clients of private attorneys. The January 8, 2007 New York Times Report is set forth in full: SIXTEEN years as a state trial judge have left me with a deep respect for the professionalism and competence of the public defenders who handle felony cases for indigent criminal defendants in my courtroom. In fact, Iâve told friends, only half-jokingly, that if they are ever charged with a serious criminal offense, the first thing they should do is give all their assets to charity, in an effort to qualify for public defender representation.** End Summary**

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Source: Broden & Mickelsen