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Why You Need a Divorce Lawyer in Houston.
Divorce is a difficult and emotional process that involves not only the end of a marriage but also a host of legal and financial complexities. Whether you're navigating a contested divorce, determining child custody arrangements, or dividing marital assets, the stakes are often high. Having an experienced Divorce Lawyer in Houston by your side can make all the difference in ensuring that your rights are protected and that you achieve a fair resolution.
Here are some of the key reasons why hiring a divorce lawyer in Houston is essential:
1. Understanding Texas Divorce Law
Texas has its own unique set of divorce laws, and a qualified Houston divorce lawyer will have the local knowledge necessary to guide you through the process. A skilled Best Divorce Lawyer in Houston will help you understand the nuances of Texas law and ensure that you're getting a fair deal when it comes to dividing assets, debts, and other marital property.
2. Protecting Your Rights in Child Custody Disputes
If children are involved in your divorce, one of the most critical aspects of the process will be determining child custodyand visitation rights. Texas courts make custody decisions based on what is in the "best interests of the child. A divorce lawyer can help you build a strong case for your custody arrangement, whether you're seeking joint custody, sole custody, or a fair visitation schedule.
3. Negotiating Alimony (Spousal Support)
In some cases, one spouse may be entitled to receive spousal support (also known as alimony) from the other. The court may award temporary or long-term alimony depending on factors such as the length of the marriage, the earning capacity of each spouse, and contributions made by each spouse to the marriage. An experienceddivorce lawyer Houston will help ensure that alimony arrangements are fair, whether you’re the one seeking support or the one who may have to pay. 4. Managing Emotional Stress and Legal Complexity
Divorce can be emotionally draining, and handling the legal process on your own only adds to the stress. A lawyer can handle the paperwork, negotiations, and court filings on your behalf, allowing you to focus on your emotional well-being.
5. Avoiding Costly Legal Mistakes
The legal system can be complicated, especially in divorce cases that involve a lot of paperwork, deadlines, and documentation. A seemingly small mistake can have significant consequences, such as missing deadlines, improperly filling out forms, or failing to include important financial information. ADivorce Lawyer Houston ensures that everything is handled correctly from start to finish, protecting you from costly legal errors that could affect the outcome of your case.
6. Objective Legal Advice
During a divorce, emotions often run high, and it's easy to make decisions based on hurt or anger rather than what's best for your future. A lawyer provides objective, level-headed advice to help you make rational decisions that will serve your long-term interests. Whether you're negotiating a settlement or deciding whether to take your case to court, your lawyer will help you weigh the pros and cons of each option and make informed decisions.
Divorce is a challenging and emotional process, but having the right legal representation can make it much more manageable. Whether you're facing a contested divorce, dividing significant assets, or fighting for child custody, an experienced Best Divorce Lawyer in Houston will ensure that your rights are protected and that you achieve the best possible outcome.
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Looking for the top criminal defense attorney in Houston? Our list of the Top 10 Criminal Lawyers in Houston features the most skilled attorneys to defend your rights. Whether you're facing criminal charges or need legal counsel, these expert lawyers provide trusted and effective representation.
#criminal defense attorney in Houston#Criminal Lawyers in Houston#best criminal lawyers directory#criminal lawyers directory
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🚨 What Happens If You Get 3 DWIs in Houston, Texas?
A third DWI offense in Houston comes with life-altering penalties, including hefty fines, extended jail time, and a prolonged driver's license suspension. This article from The Butler Law Firm explores the consequences of multiple DWI offenses and how the right defense can help reduce your penalties. If you or a loved one is facing a third DWI, it’s time to consult with an experienced DWI lawyer to protect your future.
Read the full article here: https://medium.com/@thehoustondwilawyer/what-happens-if-you-get-3-dwis-in-houston-texas-1d8d3e018e3f
Butler Law Firm — The Houston DWI Lawyer 11500 Northwest Fwy #400, Houston, TX 77092 +17132368744 QJ6Q+FF Downtown Houston, Houston, TX https://goo.gl/maps/249TVhCrAWT65CZS9
Butler Law Firm — The Houston DWI Lawyer 405 Main St Suite 1120C, Houston, TX 77002 +17132368744 QJ6Q+FF Downtown Houston, Houston, TX https://goo.gl/maps/GoArhyhyrEaxiKE8A
Find Us Online: Butler Law Firm Facebook — https://bit.ly/38zmipk Butler Law Firm AVVO — https://bit.ly/3vr08hX Butler Law Firm — Houston DWI Lawyer — https://bit.ly/dui-vs-dwi-in-texas Butler Law Firm Google — https://bit.ly/top-rated-houston-dwi-lawyer DWI Attorney Houston — https://bit.ly/dwi-attorney-houston-tx Houston DUI Lawyer — https://bit.ly/houston-dui-lawyer Butler Law Firm Twitter — https://bit.ly/3OPnWUe Butler Law Firm LinkedIn — https://bit.ly/3vvaJIU Butler Law Firm Instagram — https://bit.ly/3KwTv23 Butler Law Firm State Bar Of Texas — https://bit.ly/state-bar-of-texas
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Criminal Defense Lawyer in Houston TX
Criminal defense lawyers play a crucial role in the justice system, ensuring that the accused receive a fair trial and their rights are protected. They provide legal representation to those charged with crimes, navigating the complexities of the legal system on their behalf.
Relevance in Houston, TX
Houston, TX, with its diverse and populous nature, sees a wide range of criminal cases. Having a competent criminal defense lawyer in Houston is essential due to the unique legal landscape and the seriousness of the penalties involved.
Understanding Criminal Defense Law
Definition and Scope
Criminal defense law involves representing individuals accused of crimes, ensuring their legal rights are protected throughout the judicial process. This branch of law covers a wide array of offenses, from minor infractions to serious felonies.
Key Principles
The key principles of criminal defense law include the presumption of innocence, the right to a fair trial, and the right to legal representation. These principles form the foundation of a just and equitable legal system.
Types of Criminal Defense Lawyers
Public Defenders
Public defenders are appointed by the court to represent defendants who cannot afford private attorneys. They are typically employed by the government and handle a high volume of cases.
Private Attorneys
Private attorneys are hired directly by defendants. They often have more resources and can dedicate more time to each case compared to public defenders.
Panel Attorneys
Panel attorneys are private lawyers who take on cases assigned by the court when the public defender's office has a conflict of interest or is overloaded with cases.
Common Criminal Charges in Houston
Drug Offenses
Drug offenses in Houston range from possession to trafficking and can carry severe penalties, including long prison sentences and hefty fines.
DUI/DWI
Driving under the influence (DUI) or driving while intoxicated (DWI) are serious offenses in Houston. Convictions can result in license suspension, fines, and even jail time.
Assault and Battery
Assault and battery charges can stem from physical altercations. These charges can vary from misdemeanors to felonies, depending on the severity of the incident.
Theft and Burglary
Theft and burglary charges involve unlawfully taking someone else's property. Penalties vary based on the value of the stolen property and the circumstances of the crime.
White Collar Crimes
White collar crimes, such as fraud and embezzlement, are non-violent offenses typically committed for financial gain. These crimes can have severe legal and financial consequences.
Roles and Responsibilities of a Criminal Defense Lawyer in Houston
Pre-Trial Duties
Before the trial, a criminal defense lawyer investigates the case, gathers evidence, and prepares a defense strategy. They also negotiate with prosecutors to potentially reduce charges or dismiss the case.
Trial Duties
During the trial, the defense lawyer presents evidence, cross-examines witnesses, and makes arguments to support their client's innocence or mitigate their culpability.
Post-Trial Duties
After the trial, the lawyer may handle appeals, file motions for a new trial, or negotiate reduced sentences if the defendant is convicted.
Qualities of a Good Criminal Defense Lawyer
Experience and Expertise
A good criminal defense lawyer should have extensive experience and expertise in handling criminal cases. This includes a deep understanding of criminal law and procedure.
Communication Skills
Effective communication skills are essential for negotiating with prosecutors, presenting arguments in court, and explaining legal options to clients.
Analytical Skills
A strong analytical ability is crucial for assessing evidence, identifying legal issues, and developing defense strategies.
Negotiation Skills
Negotiation skills are vital for plea bargaining with prosecutors to reduce charges or secure lighter sentences for clients.
How to Choose the Right Criminal Defense Lawyer
Research and Referrals
Start by researching potential lawyers and seeking referrals from trusted sources. Look for lawyers with positive reviews and a track record of success in criminal defense.
Initial Consultation
Schedule an initial consultation to discuss your case and assess the lawyer's expertise, communication style, and compatibility with your needs.
Questions to Ask
During the consultation, ask about the lawyer's experience with similar cases, their approach to defense, and their fee structure to ensure they are the right fit for your case.
Costs and Fees
Factors Affecting Cost
The cost of hiring a criminal defense lawyer can vary based on factors such as the complexity of the case, the lawyer's experience, and the duration of the trial.
Average Cost in Houston
In Houston, the cost of a criminal defense lawyer can range from $150 to $700 per hour, with total fees potentially reaching several thousand dollars.
Payment Plans and Pro Bono Services
Some lawyers offer payment plans to make their services more affordable. Additionally, there are pro bono services available for those who cannot afford legal representation.
The Legal Process in Criminal Cases
Arrest and Charges
The legal process begins with the arrest and formal charges against the defendant. The police gather evidence and present it to the prosecutor, who decides whether to file charges.
Arraignment
During the arraignment, the defendant is formally charged and enters a plea. This stage involves setting bail and scheduling future court dates.
Pre-Trial Motions
Pre-trial motions involve requests made by the defense or prosecution to shape the trial. These can include motions to suppress evidence or dismiss charges.
Trial
The trial is the main event where both sides present their cases to a judge or jury. The defense aims to create reasonable doubt about the defendant's guilt.
Sentencing
If the defendant is convicted, the judge imposes a sentence based on the severity of the crime and other factors such as prior criminal history.
Appeals
The defense can appeal a conviction if there are grounds to believe there were legal errors during the trial that affected the outcome.
Defenses in Criminal Cases
Alibi
An alibi defense involves providing evidence that the defendant was elsewhere when the crime occurred, making it impossible for them to have committed the offense.
Self-Defense
Self-defense claims that the defendant acted to protect themselves or others from imminent harm, justifying their actions.
Insanity Defense
The insanity defense argues that the defendant was not in a sound mental state at the time of the crime and therefore should not be held responsible.
Entrapment
Entrapment occurs when law enforcement induces a person to commit a crime they would not have otherwise committed. This defense can be used if the defendant was coerced or tricked into committing the offense.
Case Studies
Successful Defense Strategies
Examining successful defense strategies provides insights into how skilled lawyers navigate the complexities of criminal cases to achieve favorable outcomes.
Notable Cases in Houston
Notable cases in Houston highlight the city's unique legal challenges and the impact of effective criminal defense.
Expert Insights
Quotes from Renowned Criminal Defense Lawyers
Quotes from experienced criminal defense lawyers offer valuable perspectives on the legal process and defense strategies.
Advice from Legal Experts
Legal experts provide advice on navigating the criminal justice system and securing the best possible outcome for defendants.
Frequently Asked Questions (FAQs)
What to Do If Arrested?
If arrested, it is crucial to remain calm, exercise the right to remain silent, and request an attorney immediately.
How to Get Bail?
Bail can be obtained by paying the set amount or using a bail bondsman. The defense lawyer can also request a bail reduction hearing.
What Happens After Arraignment?
After arraignment, the case proceeds to pre-trial motions, plea negotiations, and potentially a trial if no settlement is reached.
How Long Does a Criminal Case Take?
The duration of a criminal case varies based on its complexity, ranging from a few months to several years.
Conclusion
Summary of Key Points
Hiring a Criminal Defense Lawyer Houston in Taxas is crucial for navigating the legal system and ensuring the best possible defense. Key points include understanding the legal process, knowing what to expect from a lawyer, and exploring defense strategies.
Call to Action for Legal Consultation
If you or someone you know is facing criminal charges, consult with a reputable Criminal Defense Lawyer in Houston in TX to protect your rights and achieve a fair outcome.
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Houston Criminal Defense Attorney
Texas Criminal Defense Attorney Erik Nelson. Experienced Aggressive Texas Trial Lawyer. 13+ years experience, hundreds of cases won.
#Houston Criminal Defense Attorney#Criminal Defense Attorney Houston#DUI Attorney Houston#DWI Lawyer Houston#Criminal Attorney Houston#Criminal Defense Houston
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Talk to a personal injury attorney today if you wish to understand fully what is pain and suffering in Texas. For more information contact our personal injury lawyers and call us today at 713-930-2550.
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Born on 16 February 1941 in Austin, TX, Dick DeGuerin is an American criminal defense attorney based in Houston. In 1994, DeGuerin was named Outstanding Criminal Defense Lawyer of the Year by the State Bar of Texas Criminal Justice Section.
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Finding the Best Criminal Defense Lawyer: Your Ultimate Guide
When you find yourself facing criminal charges, whether minor or serious, one of the most critical decisions you'll make is choosing the best criminal defense lawyer to represent you. Your attorney can be the difference between a favorable outcome and a legal nightmare. In this blog post, we'll explore the essential factors to consider when seeking the Best Criminal Defense Lawyer.
Experience Matters
One of the primary considerations when searching for the best criminal defense lawyer is their experience. Look for an attorney with a strong track record of successfully defending clients in cases similar to yours. An experienced lawyer will be well-versed in the intricacies of criminal law and have insights into local court systems and procedures.
Specialization in Criminal Law
Not all lawyers are the same. It's essential to choose an attorney who specializes in criminal law. Criminal defense lawyers have a deep understanding of the nuances of criminal cases and can provide you with the best possible representation. The Divorce Attorney Houston is also best lawyers.
Local Knowledge
Local knowledge is invaluable in criminal defense cases. Lawyers who are familiar with local judges, prosecutors, and court dynamics can use this knowledge to your advantage. They may know the tendencies and preferences of key figures in your case, giving you an edge.
Reputation and References
Check the lawyer's reputation and ask for references. Read online reviews, and seek referrals from friends, family, or colleagues who have had experience with criminal defense attorneys. A lawyer's reputation in the legal community can be a strong indicator of their competence.
Communication and Comfort
You'll be working closely with your defense attorney, so effective communication is essential. Ensure you feel comfortable discussing your case with them, and they respond promptly to your inquiries.
Track Record of Success
A lawyer's keep a proper record with crucial factors. Request information on their previous cases and how many they have won or negotiated favorable outcomes. While past results don't guarantee future success, a lawyer with a proven history of achieving positive outcomes is a promising choice.
Cost and Fees
Discuss fees and payment arrangements upfront. Some criminal defense lawyers charge flat fees, while others bill by the hour. Make sure you understand the cost structure and what services are included in the fee.
Trust Your Instincts
Ultimately, trust your instincts where you need to choose the lawyer who makes you feel confident and secure. The Divorce Attorney Houston has best client relationship is built on trust, so it's crucial to select someone you believe will work diligently to protect your rights.
When you're in need of a criminal defense lawyer, don't settle for anything less than the best. Take your time to research and consider all the factors mentioned in this guide. Remember that the Best Criminal Defense Lawyer is the one who will fight tirelessly to protect your rights and secure the best possible result for your situation.
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Verified Alabama Lawyers Email List
Verified Alabama Lawyers Email List
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Erik Nelson: A Texas Criminal Defense Attorney With a Proven Record of Success
When facing criminal charges in Texas, having the right legal representation can be the difference between freedom and a conviction. Erik Nelson, a Texas criminal defense attorney with over 13 years of experience, has established himself as a trusted advocate for individuals accused of crimes. His proven record of success as a defense attorney Houston and The Woodlands residents rely on highlights his dedication to protecting his clients' rights and securing favorable outcomes. With hundreds of cases won, Erik Nelson is a criminal defense lawyer who understands the stakes and works tirelessly to achieve justice.
A criminal defense attorney must possess a combination of legal expertise, courtroom experience, and unwavering determination to effectively represent their clients. Erik Nelson embodies these qualities, making him a go-to defense attorney for individuals facing criminal charges in Texas. His experience spans a wide range of cases, from minor offenses to serious felonies, demonstrating his ability to handle even the most complex legal challenges. As a defense attorney Houston defendants trust, Erik Nelson brings an aggressive approach to every case, ensuring that no stone is left unturned in building a strong defense.
One of the key aspects of Erik Nelson’s success as a criminal defense attorney is his thorough understanding of Texas law. He is well-versed in the statutes, procedures, and legal precedents that govern criminal cases in the state. This knowledge allows him to identify weaknesses in the prosecution’s case and develop strategies to exploit them. A defense attorney Houston and The Woodlands residents depend on must also be familiar with the nuances of the local legal system. Erik Nelson’s experience in both urban and suburban courts gives him an edge when navigating the specific challenges of each jurisdiction.
Erik Nelson’s approach to criminal defense is rooted in his commitment to protecting his clients��� rights. As a defense attorney The Woodlands defendants rely on, he ensures that every client receives personalized attention and a defense strategy tailored to their unique circumstances. He understands that no two cases are the same, and a one-size-fits-all approach is not sufficient when someone’s freedom is at stake. A skilled criminal defense lawyer like Erik Nelson takes the time to listen to his clients, gather evidence, and craft a compelling narrative that highlights their innocence or mitigates their culpability.
The role of a criminal defense attorney extends beyond the courtroom. Erik Nelson is known for his ability to negotiate effectively with prosecutors, often securing plea deals that reduce charges or result in alternative sentencing options. As a defense attorney Houston professionals respect, he understands that not every case needs to go to trial. However, when a trial is necessary, Erik Nelson’s courtroom presence and persuasive advocacy make him a formidable opponent for any prosecutor. His dedication to his clients’ cases ensures that they receive the best possible defense, whether through negotiation or litigation.
For residents of The Woodlands, Erik Nelson is a criminal defense attorney who brings the same level of dedication and expertise to their cases. A defense attorney The Woodlands defendants trust must be able to handle the specific challenges of a suburban legal environment while maintaining the same level of vigor as in a bustling city like Houston. Erik Nelson’s versatility as a criminal defense lawyer ensures that his clients receive top-tier representation regardless of where their case is heard. His reputation as a skilled and aggressive attorney makes him a trusted ally for those facing legal troubles.
The stakes in criminal cases are incredibly high, and the consequences of a conviction can be life-altering. Erik Nelson understands the impact that criminal charges can have on his clients’ lives, families, and futures. This is why he approaches every case with the determination and focus needed to secure the best outcome. As a defense attorney Houston and The Woodlands residents rely on, Erik Nelson’s commitment to his clients goes beyond legal representation. He provides guidance, support, and a sense of hope during an otherwise challenging time.
Choosing a criminal defense attorney is one of the most important decisions you can make when facing charges. Erik Nelson’s track record of success and dedication to his clients make him a trusted choice for individuals in Houston, The Woodlands, and throughout Texas. His reputation as a defense attorney Houston professionals respect and The Woodlands residents rely on is built on years of hard work, aggressive representation, and a commitment to justice. When your future is on the line, you need a criminal defense lawyer who will fight tirelessly to protect your rights.
Erik Nelson’s success as a Texas criminal defense attorney is a testament to his skill, experience, and dedication. Whether you are facing charges in Houston, The Woodlands, or another part of Texas, his expertise as a defense attorney can make all the difference. With hundreds of cases won and a reputation for aggressive representation, Erik Nelson is a criminal defense attorney you can trust to stand by your side and fight for your future.
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Defense lawyers think criminal case against Pete Arredondo is a dud
After a teenage gunman slaughtered 19 students and two teachers at Robb Elementary School in Uvalde, the victims’ relatives, elected officials and others demanded accountability.
The reason was obvious:
Responding officers from two dozen law enforcement agencies waited 77 minutes before storming the classroom and killing the shooter.
In June, a Uvalde County grand jury indicted Pedro “Pete” Arredondo, the school district police chief at the time of the massacre, and a former school police officer.
The charge:
endangering or abandoning children.
They are the only people to face criminal charges in the tragedy.
Now, the case is progressing toward a possible trial.
The next hearing is scheduled for Thursday in Uvalde.
But lawyers who have studied the indictments say the case is fatally flawed.
They say the child abandonment and endangerment law doesn’t apply to a mass shooting and that the indictment ignores U.S. Supreme Court rulings that broadly protect police from liability for decisions made in the heat of the moment.
“To criminalize behavior that’s based on a judgment call — however unpopular it is — it’s going to be hard to obtain convictions,” said Jorge Aristotelidis, a longtime criminal defense attorney in San Antonio who is now a public defender in Houston.
“People want heads on a platter. This is what the DA’s doing, in my view.”
“They reaching. They're really, really reaching,” said Mario Del Prado, who has practiced law for 36 years as a defense attorney and prosecutor in San Antonio.
“I mean, the elephant in the room is you had (hundreds of) cops out there. And we’re only going after the two school cops? That stinks to high heaven.”
Defense attorney Raymond Fuchs, a practitioner for 47 years, including nine as a prosecutor in Bexar and Harris counties, called the charges “a real stretch.
“If you don’t go in and do something in the military, you can be court-martialed for desertion,” Fuchs said.
“These peace officers are not in the military.”
Fuchs, Del Prado and Aristotelidis were among five defense attorneys who discussed the case with the Express-News after reviewing the indictments and related legal documents at the paper’s request.
Three of the five have served as prosecutors.
None is involved in the Uvalde case.
Most of them said that even if a jury found the defendants guilty, the verdicts would very likely be overturned on appeal.
“I do not know why the case will be prosecuted,” said Ben Sifuentes Jr., a San Antonio attorney who has defended police officers and other public employees in criminal cases.
Christina Mitchell, district attorney for Uvalde and Real counties, bristled at the criticism and said political pressure or public rancor stemming from the shooting played no role in her decision to pursue indictments.
“I do not make prosecutorial decisions based on anything other than the facts of any given situation and the laws as they exist in the state of Texas and how the laws apply to those particular set of facts,” Mitchell said in an email.
She’s a Boerne native who has practiced law for almost 30 years.
“Unfortunately, many individuals have used the mass shooting in the Uvalde community for their own personal gain and to make a name for themselves. I, personally, would never comment on a pending criminal case on which I did not have an intimate knowledge of all the facts,” Mitchell said.
She declined to comment on the substance of the indictments.
'Egregiously poor decision making'
The Robb Elementary shooting was the deadliest in Texas history.
It happened on the morning of May 24, 2022, three days before the start of summer break.
The shooter was armed with an AR-15-style rifle he had purchased legally on the internet a week earlier, on his 18th birthday.
At 11:33 a.m. that morning, he walked into the school through an unlocked rear door, entered two interconnected classrooms filled with fourth graders and fired more than 100 rounds in 2½ minutes.
Nearly all of the victims are believed to have been killed or mortally wounded in that initial fusillade.
A team of Uvalde Police Department officers was at the scene within three minutes, and they approached the classrooms with guns drawn.
The attacker fired at them through a steel door, and the officers retreated.
Two were lightly injured by shrapnel.
They began calling for reinforcements and for rifle-rated ballistic shields so they could enter the classrooms and confront the gunman without being killed first.
Arredondo was the de facto incident commander.
Although police doctrine calls for officers to confront an active shooter immediately, even at risk to their own lives, he held off on ordering officers into the classrooms.
He wanted to evacuate the rest of the building first, which proved to be a lengthy process.
He later told investigators his aim was to avoid further injuries or loss of life from an exchange of gunfire with the attacker.
As officers from the Texas Department of Public Safety, the Border Patrol and other agencies rushed to the school, the police response descended into chaos.
Communications were fragmented, and the assembled officers — at least 380 from 22 agencies — were unsure who was in charge or what they were supposed to do, official reviews found.
At least 380 officers from two dozen local, state and federal agencies responded to the Robb Elementary School shooting.
Seventy-seven minutes elapsed before a column of Border Patrol agents and sheriff's deputies stormed a classroom and killed the shooter.
At least 380 officers from two dozen local, state and federal agencies responded to the Robb Elementary School shooting.
Seventy-seven minutes elapsed before a column of Border Patrol agents and sheriff's deputies stormed a classroom and killed the shooter.
Finally, at 12:48 p.m., four Border Patrol agents and two local sheriff’s deputies formed a “stack” and breached the classrooms.
One of them shot the gunman dead at 12:50 p.m., 77 minutes after he began his rampage.
Investigations by the Texas House and the Department of Justice depicted the police response as a fiasco.
The Texas House report criticized Arredondo and others for what it called “egregiously poor decision making.”
The Uvalde school district fired Arredondo 3½ months after the tragedy.
Mitchell convened a grand jury in January of this year, and it handed down indictments against Arredondo and former school police officer Adrian Gonzales six months later.
The indictment against Arredondo, 52, says he “intentionally, knowingly, recklessly and with criminal negligence” placed in danger 10 named survivors who were held at gunpoint by the shooter.
Arredondo faces 10 counts of child abandonment or endangerment, one for each of those children.
Gonzales, 51, was one of the first officers at the scene, and he helped to evacuate children from other parts of the building.
Little else is publicly known about his actions that day.
He is charged with 29 counts of abandoning or endangering a child — one for each of the 19 children killed and one for each of 10 survivors.
Mitchell has not explained why he faces more counts than Arredondo.
Child abandonment or endangerment is a state jail felony, the lowest level felony in the Texas Penal Code.
If convicted, Arredondo and Gonzales could be sentenced to up to two years in jail each.
The lawyers who reviewed the indictments for the Express-News questioned why, of the many law enforcement officers at the scene, Mitchell pursued charges against only two.
Mitchell has offered no public explanation for that decision.
“If you do it to one (police officer), you’ve got to do it to all of them,” said Charles Bunk, who has been practicing law in San Antonio for more than 30 years, including 15 as a prosecutor.
“I can’t imagine these are the only two guys that made a bad choice that day.”
'Split-second decision'
A fundamental problem with the indictments, the defense lawyers said, is that courts have held police officers don’t have a legal duty to protect people not in their custody from harm caused by a third party.
“There’s a big difference between a legal obligation and a moral or ethical obligation,” Fuchs said.
He said there was no question that officers from various agencies who responded to Robb Elementary “failed in their moral and ethical obligation. But the famous motto that’s on police cars — ‘Protect and Serve’ — it doesn’t say, ‘Defend you to my death.’”
In a 2005 case called Castle Rock v. Gonzales, the U.S. Supreme Court ruled against a grieving Colorado mother who claimed that police violated her right to due process when they failed to enforce a restraining order against her estranged husband after he abducted the couple’s three daughters, ages 7, 9 and 10.
Police told her to wait and see if he brought the girls back.
He shot and killed all three of them.
In a 7-2 ruling, the court held that police have broad discretion in enforcing restraining orders, and that the mother was not entitled under Colorado law to mandatory action by the police.
In a 1989 case, the court rejected an appeal from a boy who claimed child welfare officials in Wisconsin had violated his constitutional rights by failing to protect him from his abusive father.
“While the state may have been aware of the dangers that (the child) faced in the free world, it played no part in their creation, nor did it do anything to render him any more vulnerable to them,” the court held in a 6-3 vote in DeShaney v. Winnebago County Department of Social Services.
“Under these circumstances, the state had no constitutional duty to protect … Remember once again that the harm was inflicted not by the state of Wisconsin, but by (the boy’s) father.”
Arredondo’s lawyers have made the same argument in asking a judge to toss the indictment against their client:
The Uvalde shooter is solely to blame for the loss of life, they wrote.
Mitchell’s office has opposed the motion.
Senior State District Judge Sid Harle, who is presiding over the case, will rule on the matter.
One defense lawyer said he expects Arredondo’s and Gonzales’ attorneys to invoke the 1989 U.S. Supreme Court ruling in Graham v. Connor.
In that case, the court held that police officers’ decisions on use of force “must be judged from the perspective of a reasonable officer on the scene.”
The ruling noted “that police officers are often forced to make split-second decisions about the amount of force necessary in a particular situation.”
The Robb Elementary massacre was the deadliest school shooting in Texas history.
Nineteen fourth graders and two teachers were killed.
'Imminent danger'
The Uvalde indictments are believed to be the first in Texas to use the state’s child abandonment or endangerment law to prosecute police for line-of-duty conduct.
But it has happened in Florida, and the result was the opposite of what Mitchell must be hoping for.
Scot Peterson, then a Broward County sheriff’s deputy, was on duty at Marjory Douglas Stoneman High School in Parkland, Fla., when a gunman killed 17 people in February 2018.
During the shooter's six-minute rampage, Peterson took cover at a nearby building for 40 minutes even as other law enforcement officers rushed into the school.
He was charged with felony child neglect and misdemeanor culpable negligence.
A jury acquitted him of all charges.
Students filed a civil lawsuit against Peterson and other defendants.
In that case, a federal judge ruled that Peterson and law enforcement officials had no constitutional duty to protect the students from the shooter.
A federal appeals court upheld the ruling.
Texas’ child endangerment law makes it a crime to knowingly and intentionally place a child “in imminent danger of death, bodily injury, or physical or mental impairment.”
The law also forbids abandoning a child “under circumstances that expose the child to an unreasonable risk of harm.”
The law typically is used to prosecute parents and caregivers who leave a child alone and unsupervised at home or in a car, or when drugs they used are detected in a child’s system.
Defense lawyers said they strained to understand how the law could apply to the Robb Elementary massacre.
It “certainly was never intended” as the basis to prosecute police officers responding to a mass shooting, Del Prado said.
Arredondo and Gonzales did not cause the children to be at Robb Elementary that day or to remain there, Sifuentes said.
“One must wonder how far back in the speculative chain of causation can the state go to hold a person responsible,” he said.
“For example, could teachers and school administrators be criminally responsible for failing to prevent the shooter from coming on campus?”
Defense lawyers said they expect attorneys for Arredondo and Gonzales will try to have the trial moved out of Uvalde.
It would be next to impossible for the two to receive a fair trial in the same community where the massacre occurred, the lawyers said.
If the case were tried in Uvalde, “everybody who’s on the jury, most people in town are going to know who they are,” Fuchs said.
Pete Arredondo will appear in court on Dec. 19, his attorney told the Leader-News last week.
Attorneys representing Adrian Gonzales did not respond to calls seeking whether the fellow former Uvalde school police officer will also appear.
Both defendants are scheduled for a joint pre-trial hearing at 10 a.m. at the Uvalde County Justice Center and Jail.
The hearing will be the second in a handful of pre-trial conferences in the officers’ criminal cases related to the 2022 Robb Elementary shooting.
The Uvalde County Sheriff’s Office told the Leader-News on Dec. 11 that it will finalize hearing details this week. UCSO suggested that people wanting to attend the hearing, which will likely have a 40-person capacity, arrive early.
Both men in July, Arredondo via document submission and Gonzales in person, pleaded not guilty to criminal child endangerment and abandonment charges for their responses to the shooting that resulted in the deaths of 19 fourth graders and two teachers.
Arredondo faces 10 counts of child endangerment and abandonment on behalf of the injured and surviving children in classroom 112; Gonzales faces 29 – 10 for the survivors and one for each of the 19 deceased children.
Arredondo and Gonzales are so far the lone two indicted among the 376 officers that participated in the failed, 77-minute law enforcement response.
Paul Looney, representing former Uvalde Consolidated Independent School District Police Chief Pedro “Pete” Arredondo, confirmed his client will be in court.
Nico LaHood, representing former school cop Adrian Gonzales, did not return Leader-News calls.
The two men last appeared in court during their first hearing on Sept. 16. Attorneys discussed their collective struggle to obtain evidence from U.S. Customs and Border Protection and visiting Judge Sid Harle did not rule on a motion to quash Arredondo’s indictment.
During the Sept. 16 hearing, the county set its gallery capacity in the small courtroom to 40 people, including family members of the defendants and of victims and survivors and media.
People that wanted to attend were permitted to enter an hour and a half before the hearing began.
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Houston Criminal Defense Attorney
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Congressman Craig Anthony Washington (October 12, 1941) a former Congressman from Houston, was born in Longview, Texas to Roy and Azalia Washington. He attended Prairie View A&M University and received his BA. He graduated from the Thurgood Marshall School of Law at Texas Southern University. He commenced practice as a criminal defense lawyer and is a partner in a Houston law firm.
Soon after embarking on his private career, he entered politics and was elected a member of the Texas House of Representatives. He and George Thomas “Mickey” Leland served together as freshmen members of the Texas legislature (1973-75). He continued to serve in the Texas House of Representatives until his election to the state Senate in 1983, where he served for the next 6 years. As a member of the state legislature, he served as chairman of the House committees on criminal jurisprudence, social services, and human services and as chairman of the Legislative Black Caucus.
In the Texas House of Representatives and the Texas Senate, he was a leader on various civil rights issues, particularly the efforts to increase the participation of women and people of color in the state government. He opposed the bills that favored the North American Free Trade Agreement and NASA because he felt those resources should be used to assist middle-class and lower-income families. He supported legislation that restricted state investments in companies that did business in South Africa. He supported legislation extending the state’s anti-poverty programs which favored AIDS research.
Following the death of Congressman Leland, he emerged as the leading candidate to fill the seat in Houston’s Eighteenth Congressional District. He entered the non-partisan primary only after Leland’s widow, Alison, decided not to run for the seat. He won in a special election. He was sworn in on January 23, 1990. He served until January 1995, when he was defeated in the Democratic Primary by Shelia Jackson Lee who won the November election to become the Congresswoman from the District.
He has five children and four grandchildren and resides in Houston where he practices law. #africanhistory365 #africanexcellence
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