In a bad economy, a criminal history sets off alarm bells and sirens in a job interview.  Have any doubts?  Check out CNN’s website today for their list entitled “43 Weird Things.”  The list is a compendium of horror stories from corporate human resource directors about the strange things that people have volunteered about themselves during job interviews.  A common thread throughout the list is people trying to explain away their criminal records — such as the person who stated “I didn’t steal it; I borrowed it” and the one who told a job interviewer:  “I’m not wanted in this state.”  As I’ve said many times in this blog, if you don’t want to become a war story that a personnel director tells to his colleagues, you might want to expunge or seal that criminal record before you walk into the job interview.  To avoid making the CNN website, check out of website for further information on Texas expunctions and orders of nondisclosure.

Here’s something useful:  the new book “Beyond Bars:  Rejoining Society After Prison,” by two criminology profs, Ian Ross and Stephen Richards.  The book is intended as a nuts-and-bolts survival guide for people getting released from prison.  However, it’s filled with useful stuff for almost anyone who has gone through the criminal justice system, whether coming out of lock-up or coming off of deferred adjudication probation.  Topics include how to seal (or deal with) criminal records, how to handle employers and job interviews, getting drug and alcohol treatment, how to approach relatives and friends, as well as lists of free resources.  As you probably know if you’ve been through the system,  the real “punishment” often starts after the court-ordered punishment is finished — getting rejected for jobs, places to live, educational opportunities, etc.  This is a valuable resource for anyone trying to cope with the aftermath of a criminal case.  It’s available at Amazon.com.  Check it out.

When I became a criminal defense lawyer, I never knew that part of the job would be acting as a used car broker.  But of instead of selling cars, what I do now it help my client’s buy their cars back from the State of Texas.

I’ve spilled much typeface in this blog speaking about how, nowadays, in criminal cases, it is the collateral consequences of a crime, rather than the actual punishment for a crime, that often affects a defendant’s life the most.  Many defendants in drug cases now lose, not just some liberty, but also their cars, their homes and their cash in asset forfeiture proceedings.

Under Chapter 59 of the Texas Code of Criminal Procedure, the State may, not only seize property that was used in the commission of a felony drug offense as evidence, but may also sue in a civil lawsuit to make that property the property of the State.  The kicker is that, unlike the criminal charge that is the basis of the original seizure, the State is not required to prove its case beyond a reasonable doubt.  Instead, the State is allowed to seize homes, office buildings, the contents of bank accounts, etc., by proving its case by a standard known as a preponderance of the evidence — the same standard by which someone would have to prove negligence in a fender bender case.

Needless to say, with the economy in the toilet and counties facing revenue shortfalls everywhere, asset forfeiture proceedings have become increasingly tempting to District Attorneys’ offices.  Within the last month, for instance, the Comal County District Attorney’s Office took possession of a commercial property where it was alleged that a tenant (not the owner) was selling drugs.  And in the past year, I have been approached concerning representation in more asset forfeiture cases than in my previous fourteen years of private practice combined.  And it’s not just big, expensive items of property that are being seized.  I recently filed answers to lawsuits seeking forfeiture of  1975 and  1976 vehicles respectively.  Eventually, my clients may wind up having to offer to buy their cars back from the State as a means of settlement in order to get their cars back.

Ironically, a statute that was originally intended to put big-time drug dealers out of business is now being used in simple possession cases to take away a person’s basic means of transportation, as well being used against third persons who did not act as  parties to a crime.  When economic times are tough, the criminal justice system, it seems becomes more about collecting revenue than protecting the public, and my job becomes about haggling for better than sticker price.

USA Today published a survey of boaters this morning which showed that the most popular holiday for boating on lakes is the Fourth of July.  If you getting in your boat and heading out onto Canyon Lake, Lake Dunlap, Lake Placid or Lake McQueeney this Fourth of July Weekend, here’s a few things to remember in order to stay out of court (or worse):

1.  BOATING WHILE INTOXICATED IN TEXAS IS A SERIOUS OFFENSE:  In Texas, it’s illegal to operate any type of watercraft in public place while intoxicated due to the consumption of alcohol, drugs (prescription or otherwise), controlled substance, or any combo.  First offense Boating While Intoxicated is a Class B misdemeanor and carries the same range of punishment as a first offense Driving While Intoxicated charge — a fine of up to $2,000.00, nywhere from 72 hours up to 180 days in county jail, and/or up to 2 years of supervised probation.

2.  YOU CAN BE ARRESTED FOR BOATING WHILE INTOXICATED WHILE OPERATING A JET SKI:  Our Boating While Intoxicated statute in Texas provides that you can get a BWI while operating any kind of a “watercraft” while intoxicated.  “Watercraft” is broadly defined as any type of a vessel that is not designed to be propelled by the current of the water.  If you take the definition of watercraft to it’s logical extreme, it’s possible, in theory, to get arrested for BWI in a rowboat.  Needless to say, if it’s got a motor, and it floats, it qualifies as a watercraft.  We have represented more than one client who was arrested for BWI while jet-skiing.

3.  BOATING WHILE INTOXICATED CAN COST YOU YOUR DRIVER’S LICENSE TO DRIVE A CAR.  Under our implied consent statute — the one where law enforcement offers you a breath test after you get arrested for DWI and then seizes your driver’s license when you either fail or refuse  — BWI is also covered.  So in other words, if you refuse to take, or fail a breath test, after getting arrested for boating while intoxicated, you can lose your license to drive a car.

4.  BOATING CHECKPOINTS ARE LEGAL IN TEXAS — COPS DON’T NEED REASONABLE SUSPICION OR PROBABLE CAUSE TO STOP YOUR BOAT ON THE WATER:  As I’ve mentioned several times before on this blog, random law enforcement checkpoints to detain and search people are generally illegal in Texas.  There is at least one huge exception, however.  The Texas Legislature has made it legal for law enforcement to stop watercraft on the water in order to inspect safety equipment.  If you are stopped for a safety inspection, and the cop happens to notice that strong odor of alcohol on your breath or the tipsy look in your eyes, then you could wind up in trouble for more than not have life preservers onboard.

5.  “BUZZING” ISN’T JUST RUDE, IT’S ILLEGAL:  It’s illegal to operate a watercraft in a circular path around a swimmer or fisherman, as well as to operate a watercraft in an area marked off exclusively for swimmers or fishermen.  In addition, it’s also against law to create a wake behind your watercraft that endangers others on the water.

6.  KNOW THE SPECIAL RULES FOR THE LAKE ON WHICH YOU ARE BOATING:  Many people don’t realize that Canyon Lake is administered by the U.S. Army Corp of Engineers, which can adopt its own regulations for the areas it supervises.  Before getting on the water, make sure you know any special rules that apply to the body of
water on which you are boating.

7.  BONUS RULE:  That lake is like a frying pan.  Use a sunscreen with an SPF of 50 or above.  Happy boating.