tag:blogger.com,1999:blog-8597101.post3935664847241857927..comments2024-03-15T05:45:01.402-05:00Comments on Grits for Breakfast: Odds and Ends: On the harmlessness of being convicted of a non-existent crimeGritsforbreakfasthttp://www.blogger.com/profile/10152152869466958902noreply@blogger.comBlogger13125tag:blogger.com,1999:blog-8597101.post-15884098453110579012011-04-13T12:27:19.820-05:002011-04-13T12:27:19.820-05:00Grits: Your commenter on Trans. 720.002 is precis...Grits: Your commenter on Trans. 720.002 is precisely WRONG. Trans. 720.002 is the "ticket quota" prohibition in Texas. However, these deputies are not issuing citations to pay for themselves. They are going after folks who were issued citations already, bringing in those who are in active warrant status as owing money. Those are two VERY DIFFERENT actions. In the first instance, having officers "pay for themselves" by issuing citations creates the perverse incentive of encouraging officers to issue as many citations as possible, whether or not there is a lawful reason. In the second instance, having officers "pay for themselves" by chasing down scofflaws does not have that same perverse incentive. They are only going after those to whom the system has already provided due process in the form of a warrant already duly authorized by a judge who is not paid per warrant issued, but hopefully just did his job and issued one if the individual legally deserved it. The second set of officers is actually under court order directed at any "Texas peace officer" to arrest those individuals anyway; having them pay for themselves by doing it just means you're encouraging them to follow as many court orders as possible.<br /><br />Sad that Retired LEOs don't know the difference between citation issuance and warrant enforcement, but not surprising.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-40446595182941001542011-04-08T16:24:19.329-05:002011-04-08T16:24:19.329-05:00It's so difficult to see how convicting someon...It's so difficult to see how convicting someone based on a non-existent crime could be considered harmless. The impact prosecutors have on the jury is significant as I saw in my own case. Whoever provides the best drama WINS. It would seem the only way to avert trouble is to stay out of ALL counties in Texas, not just Harris County.Audreyhttps://www.blogger.com/profile/04316183416545492160noreply@blogger.comtag:blogger.com,1999:blog-8597101.post-75639566557424465912011-04-08T12:33:04.703-05:002011-04-08T12:33:04.703-05:00I have watched several court cases that turned in ...I have watched several court cases that turned in to drama's on CBS News 48 Hours Mystery and I was amazed at the acting and drama involved in these cases. I was shocked that a sitting judge would even allow that kind if circus in their court rooms. Those clowns I mean prosecutors got away with misconduct if you ask me. No wonder someone does not get a fair trail. But what really amazed me was after the trail when the jury was interviewed a lot of them and I mean a lot of them said they would not have voted guilty if they would have known this particular evidence. So much evidence was being surpressed during these trails that the jury if known would have voted not guilty. Now how is this a fair trial? Prosecutors not only by law but ethics and morals should and need to be held accountable. I heard this same office had an office pool to see who could put away the most people. I am not sure if this is true but I have to believe it just from what I watched on television. Everyone of those cases when the show ended I walked away not convience of guilt. There was reasonable doubt and I was thaught in school that means not guilty. I pray for anyone caught in our current legal system and pray I never get caught up in it either but I know I will never even drive into or through Harris County, Texas.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-36261341315229175242011-04-08T09:35:23.368-05:002011-04-08T09:35:23.368-05:00I think that a jury is more likely to convict on a...I think that a jury is more likely to convict on a second count if they have already decided that one count is valid.<br /><br />I was also held for a nonexistent crime -- 5005 civil contempt. I was not arraigned and there was no trial and no bail hearing. I was held by the feds for 5 months and extorted. <br /><br />28 "USC section 401 recognizes two types of contempt: direct and indirect. Direct contempt is contumacious conduct committed in the actual presence of the court, . . . and may be punished summarily.” 741 F.2d at 135 (internal citation omitted). See also United States v. Wilson, 421 U.S. 309, 316 (1975). All other contempt must be treated as indirect contempt. Bearing in mind the principle that only “the least possible power adequate to the end proposed should be used in contempt cases,” Anderson v. Dunn, 6 Wheat. 204, 231 (1821), the Supreme Court said in Wilson that “[w]here time is not of the essence, . . . the provisions of [FED. R. CRIM. P.] 42(b) may be more appropriate to deal with contumacious conduct. 421 U.S. at 319. Other factors distinguishing direct from indirect contempt include whether the act was committed in the presence of the judge and whether extrinsic evidence will be needed to prove the contempt.”<br /><br />“It is worth underscoring, in this regard, that criminal contempt is a crime, like all other crimes. See Bloom v. Illinois, 391 U.S. 194, 201 (1968). It is for that reason that the Supreme Court has held that a person accused of criminal contempt enjoys the normal range of procedural rights. See Int’l Union, United Mine Workers of America v. Bagwell, 512 U.S. 821, 826-27 (1994) (referring to In re Bradley, 318 U.S. 50 (1943) (double jeopardy); Cooke v. United States, 267 U.S. 517, 537 (1925) (rights to notice of charges, assistance of counsel, summary process, and to present a defense); Gompers v. Bucks Stove & Range Co., 221 U.S. 418, 444 (1911) (privilege against self-incrimination and right to proof beyond a reasonable doubt);”...<br /><br />“We read § 401 to permit either a fine, or imprisonment, or both, as a penalty for criminal contempt, but not to permit any other penalty.”<br /><br />re Troutt, 460 F.3d 887 (7th Cir. 08/21/2006) kay sieverdinghttp://www.rightscase.comnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-57092417565675266442011-04-08T08:42:59.746-05:002011-04-08T08:42:59.746-05:00This comment has been removed by the author.Audreyhttps://www.blogger.com/profile/04316183416545492160noreply@blogger.comtag:blogger.com,1999:blog-8597101.post-21421134740918335822011-04-08T08:36:29.368-05:002011-04-08T08:36:29.368-05:00A "strike team" of 25 sheriff's depu...A "strike team" of 25 sheriff's deputies and deputy constables need to collect enough money from deadbeats to pay their salaries and save their jobs. Once the money dries up, their jobs will be eliminated.<br /><br />IMO the paying of salaries for traffic ticket related cases could be a violation of 542.002 unless the person being paid is defined as a ‘”county traffic officer” under 701.001.<br /> <br />Commissioner John Wiley Price said Tuesday that of the roughly $110 million owed to the county, about $60 million of it is collectible. If so, that will be enough to keep those warrant deputies employed for some time.<br /><br />A good question for Price to answer; of the amounts listed, what percentage would go to the state comptroller’s office for the various state fees that must be collected.<br /><br />See at http://www.texasahead.org/lga/courtcosts07/96-865.pdfAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-75507947620761988442011-04-07T16:41:37.451-05:002011-04-07T16:41:37.451-05:00Gotcha, 4:29, I fixed the other link. Here it is, ...Gotcha, 4:29, I fixed the other link. <a href="http://crimeblog.dallasnews.com/archives/2011/04/dallas-county-deputies-looking.html" rel="nofollow">Here it is</a>, fyi.Gritsforbreakfasthttps://www.blogger.com/profile/10152152869466958902noreply@blogger.comtag:blogger.com,1999:blog-8597101.post-33407658376295340952011-04-07T16:29:55.085-05:002011-04-07T16:29:55.085-05:00Sorry Grits for my confusion, but both links imbed...Sorry Grits for my confusion, but both links imbeded in your posting led me to the same DMN article: "Dallas County judge and former nun not strict in handing out fines."Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-25729259486872191002011-04-07T15:56:21.738-05:002011-04-07T15:56:21.738-05:003:33, I was referring not to the budget office'...3:33, I was referring not to the budget office's request of judges but to the Sheriff and constables' new policy of assigning officers to this with the explicit goal of recouping their salaries.Gritsforbreakfasthttps://www.blogger.com/profile/10152152869466958902noreply@blogger.comtag:blogger.com,1999:blog-8597101.post-90897986342088615592011-04-07T15:33:32.263-05:002011-04-07T15:33:32.263-05:00Re: Budget Crunch has Dallas Deputies . . .
The l...Re: Budget Crunch has Dallas Deputies . . .<br /><br />The linked DMN article says that "Still, the county budget office recently offered up this idea for generating more revenue: 'Modify judicial criminal fine assessment behavior.' Doing so, it said, would result in an additional $1.5 million in revenue from the misdemeanor courts." <br /><br />From there, you jump to this: "UPDATE: A commenter rightly declares this policy may violate Sec. 720.002 of the state Transportation Code."<br /><br />What "policy" are you referring to? Even at it's worst reading, the suggestion of the budget office that county criminal court judges as a group should increase the amounts of the fines imposed on persons convicted of Class A and Class B mismeanors (and the Penal Code gives them lots of discretion as to the amount of a fine) seems to be a far cry from what Transportation Code Section 720.002(b) proscribes, which is this:<br /> (b) A political subdivision . . . may not require or suggest to a . . . judge of a county court, statutory county court . . . :<br /> * * *<br /> (2) that the . . . judge is required or expected to collect a predetermined amount of money from persons convicted of a traffic offense within a specified period."<br /><br />An unrelated issue:<br /><br />I am not familiar with the courts of Dallas County, but TC 720.002 refers to "traffic offenses," which are defined as offenses under Chapter 521, Transportation Code (the driver's license law) and under Subtitle C, Title 7, Transportation Code. The vast majority of those "traffic offenses" are Class C misdemeanors, which in most counties are tried in the municipal courts and the justice courts of the county.<br /><br />Unless Dallas County is decidedly different from other counties, it seems to me that the author of the DMN article focused entirely too much attention on one of the judges who handle Class A and Class B misdemeanors and not enough on the justice of the peace in Dallas County.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-6232433327532407682011-04-07T14:13:10.843-05:002011-04-07T14:13:10.843-05:00"Budget crunch has Dallas deputies eating wha..."Budget crunch has Dallas deputies eating what they kill"<br /><br />Hmm, self fulfilling prophecy? Wonder what double 0 percentage the traffic ticket racket will jump to with this little doozy?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-44079750318255860012011-04-07T13:04:34.823-05:002011-04-07T13:04:34.823-05:00Grits......
Let me say that 720.002 has to do wit...Grits......<br /><br />Let me say that 720.002 has to do with quotas. Left that out.<br /><br />Retired LEAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-12170381648028554632011-04-07T12:27:04.302-05:002011-04-07T12:27:04.302-05:00Ref Budget crunch has Dallas deputies eating what ...Ref Budget crunch has Dallas deputies eating what they kill......<br /><br />I believe this is borderline a violation of Section 720.002 Texas Transportation Code as it relates to deputies. It is a clear violation as it relates to judges and courts.<br /><br />A violation of this section by an elected official is misconduct and a ground for removal from office. <br /><br />Under 542.402, A municipality or county shall use a fine collected for a violation of a highway law in this title to:(1) construct and maintain roads, bridges, and culverts in the municipality or county;(2) enforce laws regulating the use of highways by motor vehicles; and(3) defray the expense of county traffic officers.<br /><br />"County traffic officer" under 701.001 are different and the salary paid to the officer is independent of a salary paid to the sheriff and sheriff's deputies who do not act as highway officers.<br /><br />Retired LEAnonymousnoreply@blogger.com