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San Antonio Criminal Defense Law Blog

HB 3738: No more asking victims, witnesses about immigration

On behalf of Law Offices of Anthony B. Cantrell posted in Criminal Defense on Friday, May 17, 2013.

Political experts here in Texas have noted that the current legislative session has been noticeably calm and free from the bitter debates that characterized the previous two sessions. Some of this, they say, likely has to do with the fact that the prevailing attitudes toward certain hot-button issues, such as immigration, have actually shifted among state lawmakers.

To illustrate, immigration recently came to the forefront a few weeks ago when the House State Affairs Committee was called upon to consider House Bill 3738, a measure that would prohibit state law enforcement officials from making any inquiries about immigration status to either the victims or witnesses of crimes.

The bill, sponsored by Rep. Lon Burnam (D-Fort Worth), passed the committee by an 8-4 vote with the support of five Democrats and three Republicans.

"This session's tone is completely different from last session's tone," said Burnam. "People are recognizing that there are fundamental questions and problems in our community that need to be addressed, and this bill is one of those issues."

Is a roadside breathalyzer test for drugs on the horizon?

On behalf of Law Offices of Anthony B. Cantrell posted in Drunk Driving on Friday, May 10, 2013.

One of the more formidable weapons possessed by law enforcement officials in the fight against impaired driving is the roadside breathalyzer test. However, this device is certainly not without its flaws and limitations, including the fact that it can only detect the presence of alcohol. When it comes to detecting the presence of illegal narcotics, law enforcement officials must rely on either blood or urine samples taken at the local station.

This might soon change, however, as researchers in Sweden recently completed a study in which they were able to detect the presence of 12 different controlled substances with an accuracy rate of 87 percent using a roadside sobriety testing device.

Fraud charges filed against financial advisor to NBA union

On behalf of Law Offices of Anthony B. Cantrell posted in White Collar Crimes on Wednesday, May 1, 2013.

Right now, the majority of headlines concerning the National Basketball Association are dedicated to the 2013 playoffs. That is especially true here in San Antonio, where our Spurs recently shocked the sports world by sweeping the Los Angeles Lakers in four games. However, a very interesting NBA-related story is actually making headlines in another type of court -- a federal court in Manhattan to be exact.

According to reports, Joseph Lombardo, the founder and managing director of Ohio-based Prim Capital Corporation was arrested last Thursday, and charged with a multitude of white collar crimes, including attempted mail fraud, attempted wire fraud and obstruction of justice.

Federal prosecutors are accusing Lombardo of attempting to defraud the New York-based National Basketball Players Association -- the union for professional basketball players -- out of $3 million.

Golf cart racing results in DWI conviction for Texas man

On behalf of Law Offices of Anthony B. Cantrell posted in Drunk Driving on Wednesday, April 24, 2013.

Over the last few decades, the forms of transportation that people use to get around have undergone some dramatic changes. From scooters and Segways to racing-grade cycles and recumbent bikes, people have considerably more exciting options of getting from Point A to Point B.

In fact, one form of transportation that has become significantly more popular over the years is the golf cart. No longer confined to the rolling greens of the 18-hole course, golf carts are a favorite of suburban dwellers looking to tool around their neighborhoods to event staff working major sporting events.

As it turns out, those who operate golf carts in any location here in Texas may want to think long and hard about their alcohol intake before getting behind the wheel as law enforcement officials can actually charge you with driving while intoxicated.

State senator proposes mandatory drug testing for all prospective candidates

On behalf of Law Offices of Anthony B. Cantrell posted in Drug Charges on Wednesday, April 17, 2013.

Last week, the Texas Legislature considered two controversial proposals concerning whether applicants for welfare or unemployment should be required to pass a drug test in order to receive benefits. Now, one senator is taking things one step further by asking state lawmakers to consider a proposal concerning whether applicants for public office must be required to pass a drug test.

Senate Bill 612, sponsored by Senator Eddie Lucio (D-Brownsville), would mandate that anyone who either files an application to have their name put on a ballot for public office or who makes a declaration of write-in candidacy to submit to mandatory drug screening and testing.

The screening/testing would be performed at the expense of the candidate and carried out by the authority with whom they filed their ballot application or write-in declaration.

Will criminal cases in Texas soon be subject to uniform discovery requirements?

On behalf of Law Offices of Anthony B. Cantrell posted in Criminal Defense on Wednesday, April 10, 2013.

There is perhaps no greater injustice imaginable than locking someone up in a state penitentiary for a crime that they didn't commit. In fact, statistics show that the number of wrongful convictions here in the state of Texas is astoundingly high with 117 people being exonerated over the last 25 years.

Part of the problem in Texas, experts argue, is that there are currently no uniform discovery requirements in criminal cases. Instead, state law dictates that prosecutors are only obligated to provide criminal defense lawyers with basic information about the crime and even then, this only happens if it's ordered by the presiding judge.

Experts indicate that this absence of uniform discovery requirements puts Texas in the minority of states and actually serves to encourage prosecutorial misconduct, including the deliberate withholding of potentially exculpatory evidence.

Pentagon officials vow to end sexual assault in U.S. military

On behalf of Law Offices of Anthony B. Cantrell posted in Sex Crimes on Wednesday, April 3, 2013.

Over the last several years, the United States military has faced sharp criticism from victims' rights advocacy groups and increased inquiries from federal lawmakers over its handling of sexual assault cases.

In fact, acting Defense Department General Counsel Robert Taylor, the Pentagon's head attorney, appeared before the Senate Armed Services Subcommittee on Personnel just last month to discuss whether enough was being done to keep our men and women in uniform safe.

Here, he testified that the DOD is determined to end sexual assault in the military, and that it is currently taking steps toward introducing significant change in the administration of military justice.

Specifically, Taylor indicated that the DOD's General Counsel Office has convened an independent panel to conduct a comprehensive review to determine whether there is a need for real reform in the investigation, prosecution and adjudication of sexual assault cases in the military.

Are you including 'income from illegal activities' on your tax return?

On behalf of Law Offices of Anthony B. Cantrell posted in White Collar Crimes on Wednesday, March 27, 2013.

With the calendar moving ever closer to Tax Day, thousands of Americans are now spending their evenings gathering documents and filing out their tax returns. While the Internal Revenue Service of course wants you to report all forms of income, did you know this also includes illegal income?

Believe it or not, the IRS mandates that all income derived through illegal activity must be reported and is subject to taxation.

Consider a section from the agency's official instructions: "Income from illegal activities, such as money from dealing illegal drugs, must be included in your income on Form 1040, line 21, or on Schedule C or Schedule C-EZ (Form 1040) if from your self-employment activity."

Here, the taxpayer only needs to provide the IRS with an estimate of their illegal income and no accompanying paperwork. However, in the event the taxpayer is audited, IRS agents will come looking for a paper trail and, in the event it cannot be produced (which is often the case), they will ask for the contact information of associates who can verify the estimated income.

Officials reminding young people to remember 911 lifeline in cases of alcohol poisoning

On behalf of Law Offices of Anthony B. Cantrell posted in Drunk Driving on Thursday, March 21, 2013.

Even though St. Patrick's Day is officially in the rearview mirror, experts warn that the party is far from over for young people. In fact, it is expected that alcohol consumption among teens and young adults will likely peak over the next few weeks now that spring break is in full swing and prom season is right around the corner.

Interestingly, officials here in Texas are growing increasingly concerned not only about the possibility of people under the age of 21 driving under the influence, but also about them failing to call 911 out of fear if they believe someone is stricken with alcohol poisoning.

"There could be some situations this week and St. Patrick's Day ... where some bad set of circumstances could happen and if a kid knew, they would use that 911 lifeline and save a life," said Sen. Kirk Watson (D-Austin). "And I fear that some won't know and we may lose some kid ..."

Are local communities using parks to keep convicted sex offenders out?

On behalf of Law Offices of Anthony B. Cantrell posted in Sex Crimes on Thursday, March 14, 2013.

Here in Texas and across the United States, those convicted of sex crimes are often subject to rather stringent requirements. For example, state law may dictate that they will have to register with a sex offender registry for anywhere from ten years to life, and/or be subject to certain restrictions that keep them away from children.

Furthermore, they may have to deal with state laws or local ordinances that make large swaths of residential areas entirely off limits, severely restricting their housing options.

Interestingly, it appears that those communities where housing remains an option for many convicted sex offenders are now actively developing plans to change this.

How exactly?

Local officials and residents in communities from California to Florida are building so-called micro parks. These tiny playgrounds, often consisting of no more than a slide of swing set on a tiny strip of land, take advantage of state laws/local ordinances that expressly prohibit convicted sex offenders from living near places where children congregate.