Brian Raymond Law

Arrested for Meth Possession in San Angelo? Read This

Fri, 14 Dec 2018 21:09:00 GMT

Without pleading guilty in a plea agreement, defendants also can prevail in San Angelo’s courts with various meth charge defenses.

Your meth defense lawyer’s defense against a meth charge can include challenging San Angelo police or Tom Green County Sheriff’s Office Deputies testimony and the sufficiency of evidence.

Meth is considered a controlled substance in Texas Statutes .

How to defend a meth charge

A defense lawyer for a methamphetamine possession case, particularly in San Angelo, can challenge the constitutionality of the stop, search or interrogation which led to the arrest. For instance, if police performed a search and found meth in your possession but had no warrant or a flimsy case for probable cause, the evidence gained could be suppressed in court.

If the stop was an illegal traffic stop, for example, a good defense attorney can make the case the stop was for an insufficient reasons and get the evidence collected thrown out of court.

Keep in mind that convictions for Penalty Group 1 drug charges, which is meth possession in Tom Green County, depend on proving that the defendant intended to possess the drug. Innocent bystanders may have had the drug planted on them or may have been in the vicinity of another person’s meth. In some of these cases, you can be found innocent.

If meth is found in a house, that doesn’t mean everyone in the house is guilty of possessing it. Prosecutors must be able to prove beyond a reasonable doubt that a person in that house intended to possess the meth.

Prison time for meth?

The charges for possession or distribution of meth can escalate quickly. Usually a possession charge of less than 1 gram of methamphetamine is a State Jail Felony with prison time 6 months to 2 years. Possessing 1-4 g increases a defendant’s risk with a third degree felony and that carries with it a possible prison term of 2-10 years. Possessing 4-200g is 5-99 years. With the higher quantity of meth, you can also could be concurrently charged with delivery or manufacturing the drug.

How severe the penalty is greatly relies on your previous record. A defendant with no record can argue successfully oftentimes for probation time in lieu of prison time. If you have a record, a good defense attorney with experience can mitigate as much of the impact of a previous record as possible.

Arrested for Drugs like Meth? Get an Experienced San Angelo Meth Defense Lawyer

Not all individuals arrested for meth possession are guilty nor do they necessarily deserve prison time. If you or a loved needs help with your Tom Green County district court case, talk to Brian Raymond, a very knowledgeable meth defense lawyer.

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What to do if pulled over for DWI in San Angelo

Tue, 20 Mar 2018 19:31:00 GMT

SAN ANGELO, TX — If a police or highway patrol officer pulls you over for suspected drunk driving, or DWI, in Tom Green County or inside the city of San Angelo, there are many scenarios that may run through your mind, one of the main facts you should keep in mind, however, is that there are certain things you should or should not do, to improve your chances in a criminal DWI case.

After getting pulled over, having this knowledge will help you successfully defend yourself after a DWI, BWI or DUI arrest, or result in you not being charged at all.

Be aware that these steps will still often result in your arrest for drunk driving and you risk losing your driver’s license.

When those flashing red and blue lights hit your rearview mirror, understand that you are being pulled over. The first thing you should do is find a safe place to stop. If you cannot find a safe area out of the roadway, be sure to slow down and indicate your intent to stop, by turning on your blinker. Stop at the first available and safe area.

The moment that officer’s overhead lights turn on, you are being filmed with their camera and when the officer is within earshot of you, you are also being recorded audibly. Be sure to speak respectfully and follow any basic instructions such as, giving the officer your name and handing them your license and proof of insurance. Keep your hands visible and cooperate with the officer’s reasonable requests.

Keep in mind you that you do have the constitutional right to remain silent. Do not answer any questions that may incriminate you, such as:

When an officer begins asking you these questions, they are now conducting an investigation. Therefore, although these questions seem harmless, your answers may give officers a reason to detain you longer. The longer you are detained, the more likely you will be heading to jail.

Let the officer know that you would like to exercise your right to remain silent. When you are being accused of a crime, such as a DWI, you have the right to a lawyer, be sure to assert that right even if the officer states it is not necessary, or something to that effect.

If you have been arrested for DWI, especially in San Angelo or within Tom Green County, please contact Brian Raymond Law as soon as you have the opportunity. The sooner we talk to you about your situation, the sooner we can help you resolve it.

The officer may ask you to step out of the vehicle. If he or she does, follow his or her instructions and remain calm. The officer may request that you take a field sobriety test.

You have the right to refuse to do any such tests without your lawyer present. There is no statutory penalty for refusing to participate in a field sobriety test.
The officer may ask you to perform a breathalyzer test.

You have the right to refuse both the breathalyzer and blood test. If this is your first DWI, Refusing to take the breathalyzer could result in the suspension of your driving privileges.

How long your license will be suspended depends on the number of times you have been convicted of DWI:

Either way, whether you refuse to take the breathalyzer or blood test, or you even if you accept the test and fail, you are still given 15 days to request a hearing in order to keep your license.

Once you have refused the breathalyzer test, the officer will place you under arrest. You will be handcuffed and your Miranda rights read to you. Be sure to clarify that you are exercising your right to remain silent and your right to an attorney.

Once you are placed in the back of the police car, be aware that the officer has now turned the video camera on you and you are being recorded. Act appropriately, while still remaining silent.

A DWI conviction in San Angelo or elsewhere can ruin your life, which is why it is so important to talk to an attorney if you have been arrested for driving while intoxicated. If you are like most people in your situation, you have never been charged with a crime before. You may not realize how serious DWI charge is. You are facing a criminal conviction, which can carry serious fines, loss of your license and even time behind bars. If you are convicted, it will follow you around for years, possibly making it more difficult to find work and advance in your career. Whether you are facing your first DWI charge or you have been convicted before, it is imperative that you contact Brian Raymond immediately.

Our firm has worked with numerous clients accused of DWI. We help them get better results from their cases than they ever would have been able to had they gone through the court procedures alone. While there is a fee for our services, the amount you pay for a good attorney will pale in comparison to the overall cost should you be charged in full by the state of Texas. Our firm can often get your charges reduced – and maybe even dropped – which will result in less severe penalties.

Most people do not realize how inconvenient it can be to have their license revoked until they are actually unable to drive. Keeping your job, taking care of your family, shopping, relaxing – all become much more challenging when you have to request rides everywhere. While there is no guarantee in a DWI case, you can depend on us to fight hard to ensure that you retain your driving privileges.

If you have been arrested for DWI, please contact Brian Raymond Law as soon as you have the opportunity. The sooner we talk to you about your situation, the sooner we can help you resolve it.

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Stabbing Suspect Acquitted

Fri, 23 Feb 2018 15:57:00 GMT

SAN ANGELO, TX — A jury of 10 women and two men acquitted a man Wednesday. The man was accused of stabbing his roommate in an apartment near Angelo State University and charged with aggravated assault with a deadly weapon.

According to the police report, Christopher Wheeler, 31 at the time of the incident in July of last year, was in a fight with another male in his residence at the Quadrangle Apartments, 3425 YMCA Dr. As the fight escalated, Wheeler obtained a knife and stabbed the other man. That man was staying with Wheeler in the apartment at the time, according to court testimony.

Police said Wheeler fled the scene after the incident while a neighbor called 9-1-1 to report a fight at the apartments.

Police found Wheeler near the intersection of S. Johnson St. and Knickerbocker Rd. shortly after the incident.

The defense argued the use of the knife was in self-defense.

Wheeler’s defense attorney, Brian Raymond, put Wheeler on the stand. The defendant explained to the jury that the victim had attacked him because Wheeler wouldn’t give the man money. The defendant’s testimony included being sexually assaulted and strangled by the victim as the reason he had to defend himself with the knife.

The manager of the Quadrangle Apartments testified that she felt compelled in the past to counsel the defendant about his partner’s abuse as she suspected the victim had been taking advantage of and was hurting Wheeler. Mental health professionals have treated Wheeler in the past.

In testimony, Wheeler said he thought his temporary roommate would purchase drugs with the money and the argument turned into a fight. He further stated that he wasn’t fleeing the scene after the alleged stabbing, but that he had a job at a local fast food restaurant and was late to work, to where he was walking.

The man Wheeler was accused of stabbing suffered a minor, non-life-threatening injury caused by a knife.

In court a question was posed, should the defense be able to bring up the drug use of the State’s only witness?

The State objected, the jury was dismissed, and a discussion with Judge Brad Goodwin commenced.

In the end, defense attorney Raymond was allowed to attack the credibility of the only witness to the incident, by questioning her drug use, extensive criminal history and contrasting testimony.

The victim did not testify in court during the trial, nor was he present.

After a couple hours of deliberation, the jury returned a verdict of not guilty. The self-defense argument may have resonated with the panel of 12.

Wheeler, who has been in the county jail since July of last year, remains in jail the day after his exoneration for aggravated assault with a deadly weapon, however. He is facing earlier charges of assault on a public servant for spitting on a mental health officer, and another charge for forging a check. He has two $10,000 bonds.

Original Article: http://sanangelolive.com/news/crime/2018-02-22/stabbing-suspect-acquitted?ut

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Proposed bill would speed up the process of bonding out of jail

Fri, 05 Jan 2018 01:46:00 GMT

Two state lawmakers hope their bill – and a constitutional amendment – will speed up the process of releasing jailed defendants who are considered unlikely to skip their court date or become safety risks.

The proposed legislation would require judges to use an automated, pretrial “risk-assessment” system to measure those risks before making bail decisions. The goal is to allow more poor, non-violent and low-level offenders to be released on a personal recognizance bond — which doesn’t require paying bail.

Senate Bill 1338 also would mandate that judges and magistrates make their release decisions within 48 hours of a defendant’s arrest. It would be the district attorney’s responsibility to ensure that happens, said bill author Sen. John Whitmire , a Houston Democrat and the Senate Criminal Justice Committee chairman.

“We’re doing away with bail being part of the punishment,” Whitmire said. “You should not be held in jail ’cause you can’t afford to get out. You sure as hell shouldn’t plead guilty to something you didn’t do, and I don’t want families to have to continue to get payday lender loans or car title loans to get someone out.”

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Bail bond reform is arguably receiving the most attention it’s ever had in a legislative session, with numerous bills under consideration this year and high-profile support. More research on the issue has helped raise awareness, said Dottie Carmichael, research scientist with the Public Policy Research Institute at Texas A&M University.

“On the one hand, we’re understanding the downside of unnecessary detention, and on the other side there are more and more studies showing the effectiveness of risk-based release practices,” she said. “And so there’s a better way available to deal with those problems.”

The bill also would require that when judges deny bail for a defendant, they have “clear and convincing evidence” that a defendant is a public safety risk or is unlikely to show up for a court date.

In theory, judges should weigh those factors before deciding whether to grant bail, but they don’t always do so, said Whitmire, who’s teamed up with Rep. Andrew Murr , R-Junction, to carry an identical House version of the bill.

The system benefits criminals who have money, Whitmire said.

“They’ve got resources, they post bond and go back to practicing their criminal business,” he said. “So there’s no risk assessment or no public safety factor in the issuing of a financial bond.”

The lawmakers’ proposed constitutional amendment would expand who can be denied bond, said Whitmire, who wants to see more violent offenders kept behind bars.

“Currently, you’re entitled to a bond in the state constitution for everything but capital murder,” he said. “Well, I believe that there are other circumstances where you should be denied bond.”

The Texas Judicial Council — which Supreme Court Chief Justice Nathan Hecht and Court of Criminal Appeals Presiding Judge Sharon Keller lead — has advocated for all Texas courts to make pretrial release decisions with the help of the risk assessment system.

Hecht shared in February the story of a grandmother who spent about two months in jail because she couldn’t afford to make the $150,000 bail. Her crime: shoplifting about $100 worth of clothes for her grandchildren.

“Was it worth it?” Hecht said. “No. And to add to the nonsense, Texas law limits judges’ power to detain high-risk defendants. High-risk defendants, a threat to society, are freed. Low-risk defendants sit in jail, a burden on
taxpayers. This makes no sense.”

The Texas Judicial Council asked the Public Policy Research Institute to compare the outcomes of using a “risk-informed release system” to a “financial release system.” The study compared Travis County’s system of measuring each defendant’s risk before making a pretrial release decision to Tarrant County’s mostly money bond system.

The conclusion: Using a risk-assessment system helps more accurately classify defendants as “high-risk” and “low-risk.”

Bondsmen and bondswomen will oppose the bill because it cuts their flow of “easy money” from people who’d otherwise be out of jail on a personal bond because of their low risk, Whitmire said.

Whitmire’s right about their opposition but wrong about the reason why, said Ken W. Good, a member of the Professional Bondsmen of Texas’ board of directors.

“I think [the bill] turns discretion of the judges right on its head,” Good said. “And I don’t think that’s good public policy.”

Bondsmen and bondswomen haven’t created the problem, Good said.

“It’s illogical to say bondsmen make easy money, and there’s people sitting in jail that can get out but that bondsmen aren’t willing to bail them out,” he said. “This is not a bondsman problem. This is a crime problem. And his proposed fix won’t address the problem.”

Read more stories about the Texas criminal justice system:

Original Article – https://www.texastribune.org/2017/03/20/texas-bill-would-speed-process-bonding-out-jail/

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Man Released On $75K Bond After Courts Forget to File Murder Charges

Wed, 26 Jul 2017 21:07:00 GMT

SAN ANGELO, TX – Robert Lamar Miller, 45, charged with the murder of his late wife Naomi Michelle Miller, appeared in the Tom Green County Court House this morning for a motion for his right to Habeas Corpus.

Habeas Corpus is a court order to a person or agency holding someone in custody to deliver the imprisoned individual to stand before the court and to be given a valid reason for their detention.

Miller was arrested for the murder of Naomi M. Miller on March 2, 2017. A few days later, Naomi Miller’s body was found at the old San Angelo Race track on March 7.

Miller was arrested prior to the body’s discovery, as Miller’s co-defendant, LuDonna Yoder, recalled witnessing a domestic dispute between Miller and Naomi Miller in Dec. of 2005. Yoder also disclosed to detectives, that she remembered seeing Miller walk out of the bedroom with what appeared to be a body wrapped in bedding sometime after the argument.

In Miller’s interview with Texas Ranger Hanna, Miller confirmed the confrontation with his wife, however, he said that Naomi left the home that evening with an unknown boyfriend.

In court Wednesday morning, Miller sat before Judge Jay Weatherby with attorney Brian Raymond asking for his right to Habeas Corpus. 119th District Attorney John Best was present representing the State.

Miller’s claim for Habeas Corpus comes after he was held in custody without officially being charged with murder. The felony charge was not filed until 91 days after his arrest, one day late.

The second charge against Miller is tampering with physical evidence which he was never detained for and was never charged for until after the murder charge.

Raymond argued that the State was adding the tampering with evidence charge as a separate incident when it should be a running transaction with the murder charge and should have been part of his accusation for the murder.

The Texas Code of criminal procedure under Article 17.151 requires the defendant who is pending trial to be released on either a personal bond or a reduced bond if the State is not ready to proceed with the trial. In Miller’s case, the filing of the felony charge after the 90-day period fit the requirements for him to be released on a personal bond if approved by Judge Weatherby.

Raymond made a request for Habeas Corpus and a request for a reasonable bond as he believed the state was using the bond from Miller’s indictment as a way of oppressing his client.

Judge Weatherby took the time to explain that the primary function of a bond is misunderstood by the general public and is only issued as a means to insure the defendant appears in court for their charge.

Specified in the Texas Code of Criminal procedure, “bail is the security given by the accused that [he/she] will appear and answer before the proper court the accusation brought against [them], and includes a bail bond or a personal bond.”

Wetherby upheld the purpose of innocence until proven guilty, and assured Miller that his rights would not be taken away as he made a decision on his request for Habeas Corpus. Weatherby acknowledged the violation of the murder charge being filed after 90 days and declared that the second charge for the tampering of evidence was not clearly defined in the defense’s request.

Weatherby issued a $75,000 personal bond for Miller’s release from custody. The terms of his bond include, but are not limited to, wearing an ankle monitor, ordered to house arrest, daily reporting, and no contact with the co-defendant.

Original Article: http://sanangelolive.com/news/crime/2017-07-26/man-released-75k-bond-after-courts-forget-file-murder-charges

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DWI law change could give ‘second chance’ to first offenders

Wed, 28 Jun 2017 18:37:00 GMT

Last week, governor Abbott signed a bill into law that would allow first time DWI offenders to apply for a “non-disclosure” which would place restrictions on who can see your criminal record, like employers, if you get an “ignition interlock” on your vehicle.

Some say while the law is a positive step, they think more can be done to stop drunk drivers.

The law would give incentive for an ignition interlock device which wouldn’t start a car unless the driver passed a pre-programmed level. Attorney Randy Roberts says it’s a positive step, but more could be done.

The law allows a first-time offender to apply for a non-disclosure, two years after their probation is over if they have an ignition interlock on for 6 months during that time period.

If those convicted of a DWI don’t have a device installed, they have to wait five years after probation to apply for a non-disclosure. It’s a non-disclosure that wasn’t offered under the existing DWI law and a second chance with the hope that fewer people will make the choice to drink and drive.

The law is retroactive, and as long as the conditions are met, will apply for an offense committed before, on, or after September 1. The law also only applies for first-time offenders with a blood alcohol concentration of .08 to .14.

Original article: http://www.kltv.com/story/35700233/new-texas-dwi-law-change-could-give-secon

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Mistakes in Austin crime lab linked to 2,200 convictions

Mon, 13 Feb 2017 17:19:00 GMT

Around 2,200 convicted criminals will soon be notified by Travis County prosecutors that forensic evidence in their cases may have been flawed because of faulty testing at APD’s crime lab.

KVUE reported that officials will send out the first round of letters to 642 people with addresses that have recently been verified by prosecutors and investigators. They are pushing to notify the other 1,559 defendants in the coming days.

Although many of the recipients are in prison, some have already served their terms and been released.

Letters to those convicted of murder and sexual assault instruct them to reach out to the Capital Area Private Defender Service, which is expected to contract with the county to review the role of DNA in cases. Attorneys for the nonprofit will then determine if DNA evidence is grounds for an appeal.

Cases include convictions as recent as 2016 and date back to 2004.

Original article: http://www.sanangelonow.com/1mistakes-austin-crime-lab-linked-2200-convictions/

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35-year-old Man Originally Charged with Murder Agrees to a Plea Deal on a Lesser Charge

Mon, 07 Nov 2016 19:47:00 GMT

A 35-year-old man originally charged with murder agreed to a plea deal on a lesser charge.

Queandro Quarles Junior was charged in the death of 36-year-old Kenneth Sneed.

Sneed died after being knocked down and struck in the head in October of 2015.

It happened in front of a Ballinger apartment complex and investigators say the two were arguing following a night of drinking.

Thursday in district court in Ballinger, Quarles pled guilty to a charge of manslaughter and a district judge sentenced him to five years in prison.

Defense Attorney, Brian Raymond, said “I feel as if we came to an appropriate solution for the case. It was an unfortunate situation, where somebody lost their life. The state had a difficult job, I think they handled themselves very professionally and I think the judge did a great job and I think it was an appropriate outcome considering the unfortunate circumstances.”

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Ribbon Cutting for New Attorneys Office

Thu, 29 Sep 2016 23:04:00 GMT

Members of the San Angelo Chamber of Commerce Concho Cadre helped with a ribbon cutting on a new attorney’s office.

Brian Raymond had the help of several representatives with the official opening of his office on west Beauregard. He says he’s ready to go to work. Raymond’s office is at 202 west Beauregard.

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