All of us at Bertolino LLP wish you and your families a wonderful Christmas. We look forward to spending this holiday weekend with our loved ones, and hope that you are able to do the same.
May the spirit of peace and love that comes with Christmas be something that we can continue to enjoy throughout the new year.
In the immediate days that follow the birth of a child, the life of the new parents is often filled with activity before they even leave the hospital. Family and friends are filing in and out to gaze at their newborn son or daughter and exclaim that they never saw a more beautiful baby. Nurses go over the seemingly endless amount of information that they will need to know before being allowed to care for their child at home. And, there is very little sleep to be had. It's no wonder that in that crazy and exciting atmosphere a parent may wonder if something was left at the hospital--perhaps a bottle of shampoo or one of those little socks that never seem to be able to stay on a baby's foot. It probably never crosses mom and dad's minds that they might be leaving some blood behind.
The state of Texas had been collecting blood samples from its newborns for decades without needing the permission of the parents. The blood was drawn to check for birth defects, but then kept for further research. Recently, some parents became aware of this practice and alarmed at the potential for private medical information to be released. The law has now been changed to give parents the right to refuse storage of their baby's blood.
The Texas Department of State Health Services has announced that it will destroy more than five million blood samples that were obtained without the knowledge of parents after facing a legal challenge from the Texas Civil Rights Project. TCRP argued that the storage of the blood constituted violated protections against unlawful search and seizure and a federal court in San Antonio determined that all samples must be destroyed by early next year.
In this instance, the doctors and nurses who were collecting blood samples before the current law was passed were not breaking any laws. Now, however, these medical professionals must be more forthcoming in sharing the details of their work. To do otherwise would be unethical and may result in an experience with the medical review board. If you are in the field of medicine and your professionalism has been challenged, Bertolino LLP has attorneys who are experienced in appearing before the board and are ready to assist you. Please contact our Austin office if you find yourself needing legal representation in this area.
The unfortunate reality is that sometimes the people who are supposed to enforce the law are the ones who decide to break it. While most members of our police force are upstanding and valuable members of our community, we have all read stories about the men and women in blue who find more profit from working with the criminals than trying to stop their illegal pursuits. And, yes, there are a few attorneys out there who reach the poor conclusion that the law does not apply to them. As we saw in Houston this past week, judges also are capable of breaking the law. In doing so, they hurt the reputation of all professionals in the fields of law and justice.
Judge Donald Jackson, who is a judge with the Harris County Criminal Court, was found guilty of official oppression and sentenced to thirty days in jail. Perhaps he will have the opportunity to strike up some lively conversations with some of the convicted criminals that he put behind bars.
Jackson also faces 200 hours of community service, a $4000 fine, and 50 hours of coursework regarding legal ethics.
What transgression resulted in this penalty for Judge Jackson? He offered a better court-appointed counsel to a woman accused of driving while intoxicated if she would agree to his romantic advances. Apparently, Judge Jackson's reading of the Texas constitution led him to the conclusion that dinner by candlelight and roses were acceptable to enjoy with an accused criminal.
Even judges may find themselves in need of legal representation at some point, and the criminal defense attorneys at Bertolino LLP are here to help. We have lawyers in Austin, Houston, and San Antonio who are ready to defend your rights in the courtroom ... even if it's your courtroom! Please contact us today to discuss your case.
I understand that waiting in a long line of idling cars to have your vehicle inspected is not the ideal way that most people would choose to spend a morning. However, knowing that your vehicle is safe to transport your own passengers as well as to be among the other cars on the highway is important. It would be nice if we could trust that others also place some value on what they are allowing to enter the road. However, three Houston men who were arrested last week prove that we are not necessarily surrounded by safe, clean vehicles.
The men worked at a vehicle inspection station, 5 Minute Inspections, in the Heights-area. They allegedly issued inspection stickers to cars and buses that had never even been to the station. Instead, the men used the same car repeatedly with the knowledge that it would pass inspection and then gave the "all clear" to vehicles that actually may have been quite dangerous. In fact, this station issued the sticker given to the bus that killed seventeen passengers from the Houston area last year as they traveled to a religious festival.
All three men have been charged with tampering with a federal document by the Texas Department of Public Safety. If found guilty, they could face up to twenty years in prison and a $100,000 fine. Perhaps the men will find themselves making license plates for the cars that could have used their actual inspections.
If you operate a business and you are being threatened with legal action based on the actions of your employees, Bertolino LLP has attorneys experienced in business litigation who can help you. Or, if you are facing criminal charges following bad choices you made at your job, we have criminal defense lawyers ready to work with you as well. Please contact our Austin, Houston, or San Antonio office today.
Texas, more than most states in our country, has a lot at stake concerning immigration policy. As a border state, Texas sees the issues of border violence, illegal workers, and drug trafficking forming the headlines of its newspapers nearly every day. The lack of stability of the Mexican government and the rampant crime that exists in so many areas of our neighbor to the south has a direct impact of the safety of people who reside in the Lone Star State. Therefore, recent events like the one in Ciudad Juarez present a serious reason for concern.
Fifteen people, including a seven-year-old boy, a university professor, and three women, were among those killed in just one day of violence in that border town. The victims were shot seemingly just going about their daily lives, with the murders happening in a neighborhood, while riding in a pickup truck, and in other unassuming environments.
Ciudad Juarez is the deadliest city in Mexico, which, unfortunately, is really saying something. There have been more than 1700 killings there already this year, which makes for around five murder victims every single day. The city is just across the border from the Texas city of El Paso, and killing does not stop at some arbitrary line. We all have heard of incidents in which American citizens have been caught up in the violence as well.
At Bertolino LLP, we know that there are many immgration issues involving crimes that bleed over from Mexico into our state. There may be the need for partnership with the Mexican authorities, completion of paperwork to determine legal status, and work with members of ICE and other law enforcement agencies in our country. Our firm has both immigration attorneys and those with experience in criminal defense to assist you in this process. Please contact our Austin, Houston, or San Antonio office today.
When you first learn that a man has been sentenced to seven years in jail for masturbating, perhaps your reaction is one of shock. Certainly that punishment seems quite harsh for such an activity, even for a state like Texas that is known for dealing with criminal offenders in the strongest way possible. When you then learn that the man was participating in this solo activity while in public, the need for some incarceration becomes more apparent. It is when the final pieces of the story are revealed, that he secretly took videos of undressed women and even stood behind a young girl in a book store while masturbating, that the seven year sentence now seems to fit the crime.
Christopher Carney, a 37-year-old Austin man, was arrested in December 2008 when he was caught masturbating while looking inside a private window. He was charged with indecent exposure and window peering and released awaiting trial. When the police then searched Carney's cell phone and discovered hundreds of incriminating videos, including one taken in the children's aisle of the Book Stop, his presence was requested within a jail cell immediately.
Earlier this week, State District Judge Julie Kocurek sentenced Mr. Carney to his seven-year stint in jail after he pleaded guilty to public indecency with a child and improper photography. He already has been a resident of the Travis County Jail since turning himself into authorities at the end of January.
The criminal defense attorneys at Bertolino LLP want you to know that we are ready to provide aggressive and experienced legal representation for anyone accused of criminal activity. While we strongly recommend that you keep the activity practiced by Mr. Carney within private and discreet locations, we can help if you are accused of poor or even dangerous judgment concerning your personal practices. Please contact our Austin, Houston, or San Antonio office today.
Today is the day that we honor the veterans who have served our country. There is no more amazing and courageous group of people than the men and women of the United States military. Everyone here at Bertolino LLP thanks you for your service and your sacrifice. While we set aside this one day in November, the people of this country can never thank you enough for what you do in the defense of freedom.
Our thoughts are particularly with the families who are grieving the horrific events that occurred at Fort Hood several days ago. The military is such an important part of our great state of Texas, and we are honoring those fallen heroes today.
We appreciate every veteran and active duty member of the military. Thank you.
When President Obama won the presidency at about this time last year, he did so in part by declaring his consistent opposition to the war in Iraq and his promise that as president he would bring an end to American military conflict in Iraq as quickly as would be considered responsible. The President seems to be moving in this direction, with the current plan to have all American forces out of that country by December 2011. The gradual withdrawal of troops affects not only members of the military but also the thousands of civilian contractors who are currently working in Iraq. There is no need for a support service to be present in order to clean soldiers' laundry if there are no soldiers around. With that in mind, an audit just completed by the Defense Department shows that a Houston-based company did not seem to get the memo about the policy change.
KBR Inc. is a private company that contracts with the United States military to provide a wide variety of services. They have a ten-year deal worth $33.8 billion that was signed in 2001. This figure amounts to $8425 a month in salary and benefits for each full-time employee. The Pentagon is charging that the KBR Inc. may be unnecessarily increasing the number of employees in the war zone as a way of earning more profit. The company has been ordered to cut more than 2000 jobs or face $200 million in penalties.
As an excerpt from the audit states, "Each day that passes without taking action results in continued overstaffing and inefficiency." KBR Inc. argues that they have been waiting to make staff cuts until the administration's plans for drawdown of its forces.
You may not be facing an audit and financial repercussions from the Defense Department, but there may be another instance in which the reputation of your business is being threatened. If this is the case, you should seek legal representation. There are attorneys at Bertolino LLP who are experienced in the area of business litigation. Please contact our Austin, Houston, and San Antonio office today to discuss your case.
There are certain notorious crimes that leave a lasting impact even on the people that only read about the violence in the newspaper or see it on the news. Perhaps a high-profile celebrity gets killed and the details are fodder for the tabloids for months. Or, maybe the crime that is committed is done so against the most innocent and harmless among us, and the violence leaves everyone asking how such an act could occur.
Nearly eighteen years ago, the city of Austin was rocked by such a crime with the murders of four teenage girls at an I Can't Believe It's Yogurt Shop in North Austin. Two young men, Michael Scott and Robert Springsteen confessed to the crimes eight years later, but ten years they spent in jail may end up being the totality of their punishment with the admission of new DNA evidence.
Scott and Springsteen were released from jail in June of this year, under the order of State District Judge Mike Lynch, while awaiting a re-trial in light of new evidence and confessions that may have been coerced. The key issue? Investigators are now able to analyze DNA samples in ways that weren't possible nearly two decades ago.
DNA discovered in one of the yogurt shop victims does not match that of Scott or Springsteen, and today prosecutors moved to dismiss the charges against the two men until it can be determined the owner of the mystery genetic material. Prosecutors had hoped to obtain a continuance in the case while further DNA testing was done. When Judge Lynch made it clear that the trial must move forward, prosecutors decided the best option was to start over with a new trial at a later date.
As Travis County District Attorney Rosemary Lehmberg shared in a statement, "I believe it is the best legal and strategic course to take and is the one that leaves us in the best possible posture to ultimately retry both Springsteen and Scott.”
As is shown by the state’s case against Scott and Springsteen, criminal cases are often complex and can turn on the smallest piece of evidence. If you are facing serious criminal charges, you need an experienced criminal defense attorney to represent you through the legal maze. Please contact the law offices of Bertolino LLP in Austin, Houston, or San Antonio and let's see if we can help you.
