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Cases Involving Blood Tests
Posted by: Nicole DeBorde
September 17, 2009
Topic: DWI Issues

Recent changes in DWI laws have led to the drawing of blood where law enforcement suspects that a driver may have been drinking.  In the past, the drawing of blood was reserved for cases where accidents involved serious injury or death, such as in cases of suspected intoxication assault or intoxication manslaughter.  Now, however, blood is being collected even from citizens who have not been involved in an accident.  Some of these cases involve search warrants which are issued for the collection of the blood, and some cases have no warrant at all.  Another change we are seeing is the way that blood is collected.  In times past, blood was collected either at a medical facility or at a law enforcement facility by someone who was supposed to be trained in the collection of blood.  Now, there is a push toward collecting blood from citizens on the side of the road when the person is suspected of driving while intoxicated or driving under the influence (DWI or DUI).

Aside from the obvious safety concerns with this new push toward roadside blood collection, there are many potential legal problems with these cases. Anyone charged with DWI as a result of a blood test would be wise to considert taking the fight of their case all the way to trial.  An experienced attorney should be able to scrutinize the process from start to finish.  For example, if there was a warrant, is it a good one?  Was the blood collected, stored, transported and tested properly?  One looming concern rests with the collection kits themselves.  Many of these kits will sit in hot patrol car trunks.  Certainly, the integrity of the contents of the storage viles could become compromised in circumstances where the kits are not maintained.  Without good collection procedures and proper handling, a lab cannot possibly have a scientifically reliable result to report to a jury.  A good lawyer should be able to analyze this type of evidence to determine whether or not the evidence should ever get in front of a jury.

DWI convictions can have life altering consequences.  Shouldn't you or your loved one have knowledgeable aggressive representation to make sure that sloppy, unreliable evidence does not result in a conviction?  Feel free to call us to discuss your case if you have a case involving an accusation of driving while intoxicated where the prosecution seeks to use a blood test as proof.

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Major Federal Investigation into Medicaid and Medicare Fraud
Posted by: Nicole DeBorde
July 02, 2009
Topic: Medicaid and Medicare Fraud

There are news reports circulating that both federal and state agencies are actively investigating Medicare and Medicaid Fraud. These rumors are true and we can expect many arrests in the coming months. Law enforcement, including agents from the FBI and local police, is actively investigating doctors, clinics, healthcare practitioners and anyone who might be responsible for dealing with Medicaid benefits. Doctors who are prescribing medication and medical supplies or equipment may very well find themselves answering questions about their practices and the treatment they and their clinics provide. Any employee working in these settings, like a doctors office or clinic or therapy provider, may also find themselves answering questions – or at least being asked. Nurses, nurse practitioners and, really, anyone working in these settings could be confronted with questions about billing practices as well as how treatment is provided and by whom. Law enforcement may get a search warrant to collect records to scrutinize to determine whether or not proper procedures were followed.

If law enforcement does not have a warrant to enter an office or to collect documents, they may simply ask if they can come in and talk to people or collect paperwork. It is important to remember that everyone has the right to ask to speak to a lawyer if they choose before answering questions or providing access to materials if there is no search warrant for the materials. Even if there is a search warrant, a person can ask to speak to a lawyer before talking with law enforcement. Our office handles these matters and can guide you through this process if you find yourself or your business in this circumstance. Some of the cases from these investigations will land in state court and others in federal court. The consequences for persons convicted of these crimes are severe and include prison time. It is always smart to consider getting a lawyer involved early. Think about it: law enforcement has their lawyers involved from the start. Why shouldn’t you?

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Expunction vs. Non-disclosure (sealing)
Posted by: Nicole DeBorde
May 27, 2009
Topic: Expunctions

I get several calls a week asking to have criminal records erased, sealed, cleaned, cleared or expunged. Most folks are not sure whether they want a non-disclosure (also called sealing) or an expunction. Unfortunately, very few people can actually get a record expunged or erased. A criminal arrest record can only be expunged if the case in question was dismissed or if the person arrested was found "not guilty" in either a court trial or a jury trial. If a case resulted in probation, time served, a fine only or a jail or prison sentence, the case cannot be expunged under the current law. If a misdemeanor case was dismissed, it can be expunged after the statute of limitations has run or expired. Felonies can be expunged as well depending on whether an indictment was issued and also whether the statute of limitations has run. There can also be other circumstances where a dismissed felony can be expunged, but not all dismissed felonies can be expunged. Acquittals can almost always be expunged as well.

A petition for nondisclosure can be filed after a person has successfully completed a deferred adjudication in many cases. There are some deferred adjudications that can never be sealed. For the cases that can be sealed, there are different timelines for some misdemeanors. Some misdemeanors can be eligible for sealing or nondisclosure immediately upon completion of deferred; and some misdemeanors do not become eligible for two years after completion. A person who has completed a felony deferred must wait for five years before seeking a nondisclosure. The granting of an order of nondisclosure is discretionary with the judge. The petition for nondisclosure is heard in the court where the case was on deferred adjudication.

If you are eligible for expunction, this is always the best route. Expunction totally erases the arrest from a person's record. A sealing only "seals" the record, and the record is still visible to law enforcement and a variety of other enumerated agencies.

A person eligible to have a record sealed or expunged should seriously consider this a priority. Clearing arrest information from a record can take months. Who knows when a job opportunity or other reason for a background check will arise!

Contact a Houston Expunction Attorney.

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Memorial Day DWI Taskforce
Posted by: Nicole DeBorde
May 27, 2009
Topic: DWI Issues

Memorial Day weekend is typically a very busy weekend for the DWI Taskforce. Police are out in numbers looking for possible DWI suspects. Many counties, including Harris and Montgomery Counties are conducting "no refusal" weekends. What this means is that citizens suspected of driving (or even boating!) while intoxicated or under the influence can be forced to provide a specimen of their blood for analysis. In order to force the taking of blood, law enforcement will have a judge on call signing warrants for each person who refuses a breath test. Once police have a warrant, they will force the drawing of blood.

Just because police have a warrant does not mean that the case is a "slam dunk" for the State in a DWI case. First, the warrant has to be valid. Many times, errors are made in obtaining and preparing warrants of this nature. Also, the taking and analysis of the blood must be done in a particular way. Many times, mistakes are made at some point in this process. DWI's can be devastating to a person's permanent record. If you are accused of driving while intoxicated, you should contact an attorney immediately. You have the right to refuse to take tests, you have the right to refuse to take field sobriety tests (including that pen test - the HGN!) and you have the right to ask for an attorney.

Remember, it's always best to let someone else drive if you had too much to drink! It is not against the law to "drink and drive" as many would have us believe. It IS against the law to drive while intoxicated. There is a difference. If you or someone you know is accused of driving while intoxicated, or of driving under the influence of any alcohol or drug, call a lawyer right away. A good lawyer may be able to save your license and your criminal record!

Be safe!

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