CAN A NON-CITIZEN VOTE?

NO!

The penalties for non-citizens attempting to vote in a country's election can be severe, especially in countries like the United States. In the U.S., for example, non-citizens who vote in federal elections can face criminal charges, which may include:

1. Fines: Non-citizens who unlawfully vote may be fined under federal law.
2. Imprisonment: Convictions can result in imprisonment for up to five years.
3. Deportation: Non-citizens found guilty of voting illegally may also be deported and barred from reentering the U.S.
4. Permanent Bar from Citizenship: In some cases, attempting to vote may permanently disqualify a non-citizen from becoming a U.S. citizen in the future.

SPECIAL EDITION-TRIAL DOGS, COVID AWARDS, AND ZOOM HEROES 2019-20

It's been quite a year for Justice in Travis County.  With the changing of the guard at the District and County Attorney's office, in 2021 there will be changes.  But before we plod forward, let's recognize the efforts from this past year.  Some of these awards will be pre-covid, some after.  The committee has spoken:

ANTORCHA DE JUSTICIA AWARD

Tom Weber (Posthumous)

Ira Davis (Posthumous)

TRIAL DOGS 2019-20

Ariel Payan

Russ Hunt

Margaret Chen Kircher

Steve Brand

Victoria Winkeler

Raymond Espersen

Richard Jennings

Andrea Austin

Victor Arana

Leonard Martinez

William Browning

Rob Shepherd

Brian McConnell

Kleon Andradis

WORKHORSE AWARD

Charles Popper

Cheryl Hindera

COVID AWARDS [Crisis Management]

Bradley Hargis -Technology Award

The Clerk's Office -Work Ethic Award

The Techshare Administrators - Information Technology Award

ZOOM AWARDS 2020

BEST QUOTES

"You're on mute!"

"Please mute your mic!"

BEST DRESSED ZOOMERS (at least from the waist up)

Andrea Jarero

Rick Flores

Cesar Rodriguez

Deniz Kadirhan

Lisa McCormick

BEST DRESSED JUDGES

All of them.  They all wore the same black robe.

BEST ZOOMER BACKGROUNDS

Delani Long-The fireplace kept us warm.

Bill Hines-From a boat? Whaa?

Nicolette Vaughn-Starbucks is a good place to do business.

BEST HEADBOARDS WHILE ZOOMING IN BED

No, not going there.

"CASTAWAY" AWARD

Jodi Sims - Where's Wilson?

"OUT OF THIS WORLD" AWARD

Johnny Urrutia - Houston, are you seeing this?

"ARROWHEAD" AWARD

Amber Farrelly - I need this like a hole in the head.

"GHOST" award

Samuel Rosen - Help from Beyond?

YEAR IN REVIEW 2015-TRIALS AND OTHER ASSORTED FUN

CALM BEFORE THE STORM

It's hard to declare whether a trial result is a "victory" or not. Different factors such as the pretrial offer, overall exposure to prison, and facts of the case usually dictate whether the effort in preparation and performance in trial paid off.  What follows are quick summaries of the trials, the result, and where it ranks on the victory meter.  Many thanks to all those who helped.

2015 was not quite as active as 2014, but it started with two trials and then I had a break until December.  2016 may yet set the record.  We'll see.

TRIAL #1
Williamson County 26th District Court
Aggravated Assault with a Deadly Weapon, Serious Bodily Injury, Family Violence
State v Everton Roxroy Bailey
Length:  4 days
Penalty Range:  5-99 Years
Result:  Conviction 37 Years

The Defendant was convicted of pouring boiling water on his wife.  The pretrial offer was 40 years, then 30.  I was the third lawyer on the case.
Rank:  Moderate Victory by the Prosecution

TRIAL #2
Travis County 147th District Court
Murder
State v. George Delacruz
Length: 8 days
Penalty Range: 5-99 Years
Result:  Conviction Life

The Defendant was convicted of killing his wife.  There was no body of the wife ever found.  After 8 days of testimony the jury convicted.  There are several issues on appeal and the finality of the case will take some time.
Rank:  Temporary Victory by the Prosecution

TRIAL #3
Travis County County Court #4
Assault Family Violence Stranglation
State v. Romien Pierce
Length: 3 days
Penalty Range:  2-10 Years
Result:  Plea for Deferred Adjudication just prior to closing argument

The Defendant was accused of strangling his then girlfriend.  After various inconsistencies in the stories, the Defendant testifying, and some jury irregularities, the Defendant decided to accept the state's offer of Deferred.  He had been in jail more than a year.
Rank:  Moderate Victory by Defense

2016 is already shaping up to be the year of the trial (topping 2014 if you can believe that!).  I have 5 jury trials set from the first of February until mid April.  I have been preparing for all of them and I will be ready.  But I will also be ready for that vacation scheduled for this summer.

LEGISLATIVE FOLLY

       It's tough as a criminal defense lawyer who defends the Constitution each and every day to understand how a legislature composed of legislators not versed in criminal law, can effectively come up with laws that affect the safety of every Texan.  Every Texan wishes to live in the security of their own home, free from the intrusion of not only criminals, but of the government as well.

       This legislative session was no different.  The legislature, devoid of people  of criminal law experience, passed yet additional set of laws that do not make us safe nor secure.

       Take for example, Penal Code Section 43.26: Possession or Promotion of Child Pornography.  Under the new revisions, primarily HB 2291, this change will actually lower the punishment range of repeat offenders who have been convicted of two prior offenses from 25-99 years (under the standard enhancements under Art. 12.42(d)), to 5-99 years under the controlling provisions of the new bill.  In other words, the inexperienced ones in the legislature have given us less potential punishment for those persons keeping and peddling child pornography.  What were they thinking.  From the Defense angle, it gives more flexibility.

      

TRIALS: No Lesser included

A few weeks ago, I represented Michael Costello in a murder case in the 403rd District Court. The case involved the death of Costello's roommate caused by a crushed larnyx due to blunt force to the throat.

The essence of the defense was that yes, Costello struck the victim, but that the blow was entirely a reaction to the roommate grabbing his shoulder as he was leaving the apartment. What made the defense especially challenging was that Costello did not call 911, the victim lay in the apartment for nearly 24 hours before the police were called, and that Costello gave arguably various versions of the events. The jury perceived him as dangerous given the testimony, in part, of albeit questionable characters, during the course of the guilt and punishment phases.

The jury concluded that Costello was a violent man, prone to abusing the victim and taking the victim's money and medication. However, even some family members of the victim could not recall seeing abusive markings on their son in the weeks leading up to the death. The apartment supervisor didn't recall anything as well. What seemed to sway the jury was testimony from another apartment employee who noticed some markings, and Costello's own admission that on occasion they would have some physical altercations. Additionally, there were some vague memories from people Costello allegedly used to smoke pot with.

Did Michael Costello really intend to cause the death of this victim? I think not. I feel bad for the family of the victim as well as the family of Michael Costello. The collateral damage of this tragedy will never be fully measured. But this case was defended as a manslaughter case, not murder. Unfortunately, the jury didn't see things that way and thought 60 years would give Costello time to think about it.

PUNISHMENT: Where do they get that number from?

The Colton Pitonyak trial has passed. The jury assessed 55 years for his actions. While the circumstances of that trial will never disappear for the family and friends of the victim, is the result that which one would call "justice"? I have found there is no easy answer for why a number seems appropriate.

A few years ago, a jury assessed a 15 year sentence on my poor black male client for shooting one of his best friends (another black male) to death. They convicted him of murder, yet gave him a sentence in the manslaughter range.

Recently, a jury assessed a 30 year sentence on my middle class white female client for shooting her husband a total of 4 times. The jury concluded that she shot him twice and then waited for up to a minute to shoot him two more times. Why the difference in punishment for these same crimes?

Should the status of the victim make a difference? Should the gender of the convicted impact the punishment? Is class and race a factor to be considered? Should it matter whether the deceased was a good person or a bastard? Consider this scenario: Should an honor student who beats a homeless person to death any less culpable than the homeless person who beats an honor student to death? Often the homeless person would receive a stiffer sentence based on extensive testimony on behalf of the more affluent victim. But, is the act of the beating and the intent involved any different between the perpetrators? Obviously not, but does it make sense that one should receive more time than the other with all other factors being equal except for their position in life?

Maybe juries are more methodical and deep thinking than I think. Do juries take into consideration the convicted one's age, parole eligibility, the crowded state of our prisons, or the cost of incarceration? Maybe, but should they? Lawyers strive to distinguish between the reckless, accidental, or premeditated killing because the state of mind is different in each of these. However, why do crimes where the state of mind is identical and the resulting crime equally heinous, extract vastly different penalties from court to court or county to county?

Consider this possible starting point: Sentencing guidelines for Murder. How about 5 years for formation of the intent; 10-25 years for the method (some may argue that killing a victim by torturious means deserves more time and that some distinctions should be made i.e. the number of shots or a multiple stabbing); 10 years for each dependent of the victim; 5 years for each immediate family member of the deceased; 10 years if another felony was proven such as Robbery or Sexual Assault; 15 years for any of the other Capital factors in today's Penal Code (killing of an Officer, elderly, child, etc.); and/or 0-15 years for actions after the crime (calling 911 versus flight). Some may argue for some mitigating factors such as a reduction of the sentence for certain mental illnesses or genetic defects. Of course, there can be more or less factors. There could be a cap on the years or merely call it a life sentence after a certain point. Probation would still be an option in some special circumstances. The numbers are debatable. I think you get the idea.

And what about the effect on plea bargaining. Wouldn't it be easier for a client to assess the risk of going to trial if he knew a range other than 5-99 like say, 10-35, or 30-55? Prosecutors would be able to offer a resolution in the same manner as they do now under the habitual statute, somewhat less than the potential sentence but fair.

Would Pitonyak have received more or less time under a scheme like this? We'll never know. Would my past clients have received more time under this scheme? Gosh, I hope not. Putting an exact number on the cost of human life takes away from the jury the very discretion that lawyers like myself fight for in the name of our clients. We argue that some need a second chance or are "salvageable". But don't they do that already in the Worker's Compensation area, putting a value on a death on the job or a value for a lost finger?

Of course none of this discussion would affect the ability to vigorously defend our clients in the guilt/innocence stage of the trial and a resulting not guilty verdict. But under a punishment sentencing scheme, at least "justice" will have a notion of some consistency and not merely depend in what county you are prosecuted or what side of the tracks you happen to reside.