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Everything is bigger in Texas, including its infrastructure of roads and highways. The Lone Star State boasts more miles of public roads than any other state in the country. Needless to say, getting around via automobile is not difficult in Texas. Unfortunately, the car culture of El Paso and other large cities has made it harder for people to travel efficiently or safely using other methods. Pedestrians seem to face the most serious challenges. According to data recently released by the U.S. Department of Transportation, Texas had the second-highest rate of fatal pedestrian accidents in 2012. In all of 2012, approximately 4,473 pedestrians were killed in accidents on U.S. roads. Of these fatalities, 478 occurred here in Texas. The state with the most pedestrian deaths that year was California, with Florida coming in third. These statistics were released as part of the National Highway Traffic Safety Administration’s “Everyone is a Pedestrian” campaign. The acting head of the NHTSA explained why we all have a stake in reducing pedestrian accidents, particularly in urban areas where almost 75 percent of such deaths occur. He noted that, “These are parents, these are children, these are our fathers and mothers and grandparents who are being affected by traffic crashes when they’re in their most vulnerable state. They don’t have two tons of metal, glass and plastic surrounding them.” Pedestrians also have an important role to play in protecting their own safety. Statistics show that approximately 70 percent of fatal pedestrian accidents occur at non-intersections. Simply deciding to use the crosswalk (instead of jaywalking) and waiting for the crossing signal could significantly reduce one’s chances of being struck and killed. For drivers, reducing pedestrian accidents will likely require more sustained attention behind the wheel, particularly when driving in busy areas with significant foot traffic. Pedestrians could come out into the street at any time, and motorists need to be able to react quickly if they dart in front of vehicles. Texas holds many records worth boasting about, but our rate of pedestrian fatalities is not among them. Please make pedestrian safety a priority every time you walk or drive. Source: NBC Dallas-Fort Worth, “Texas Has 2nd Highest Number of Pedestrian Deaths: DOT Report,” An Phung, April 26, 2014

Though readers may not realize it, law enforcement agencies in the El Paso, Texas, area take white collar theft very seriously. There are many different actions that may lead to someone being accused of this crime, including fraud. A man was recently arrested for fraudulent use or possession of identifying info by the El Paso Police Department. According to law enforcement, the alleged fraud took place when the man conducted fake job fairs at area hotels. In the course of those job fairs, the man is accused of gathering personal information from applicants. The 54-year-old man was initially arrested in connection with the crime last August. At that point he was charged with theft. Because El Paso police are seeking information from individuals who the man may have taken this information from, it appears that the case against the man is still being built. This may bode well for the man’s defense. The sooner an accused begins to create a defense–ideally when one learns that he or she is under investigation–the better. The best way to approach the matter will depend on the specific circumstances surrounding the allegations. It is possible that the case could go to trial and be decided there. It is also possible that the case could settle prior to that event. The approach the defense will take in the case remains to be seen. What is clear is that in most cases, to secure a favorable outcome, it is in the best interest of the accused individual to work with a lawyer. Source: KDBC, “EPPD files additional charges in 2013 financial crimes case,” Andra Litton, April 15, 2014

When someone is charged with a crime, there are several ways in which the case may be resolved. While some cases are settled, others go to trial where they may be decided by a jury. The way in which a case will be determined varies depending on a variety of circumstances, including choices made by the accused, usually with the assistance of a criminal defense lawyer. Recently a case against an El Paso man was sent to the jury. The 19-year-old man is on trial for murder, aggravated assault, and criminally negligent homicide. The charges arose after the man was arrested for intentionally driving his car into a crowd of people. This resulted in the death of a woman. At trial, the man’s attorney did not deny that his client drove into the crowd. Instead, he asserted that the tragic incident occurred after the young man got drunk at a party hosted by another man. According to the attorney of the man on trial, the host of the party should be held responsible for the woman’s death since the accused man consumed alcohol at his house despite not being of legal age. The lawyer of the accused further asserts that the only charge he might be guilty of is criminally negligent homicide. He also sought a directed verdict on the basis that the prosecution failed to prove that his client knowingly or intentionally committed a crime. The motion was not successful. The aggressive actions on the part of the defendant’s attorney are a good example of why it is a good idea to hire such an individual. The sooner someone accused of a crime does so, the better. Source: KFOX-TV, “Fate of El Paso man accused of driving into, killing woman in jurors’ hands,” Melissa Gundersen, April 9, 2014

When it comes to defending oneself against criminal charges at trial, the evidence presented by both parties is usually vital. While physical evidence and testimony is common at trials, there is another type of evidence that is being introduced by the prosecution in some trials. The evidence is in the form of rap lyrics. The lyrics are being used in murder trials in courtrooms across the country to try to convict suspects. There are a couple of ways in which the lyrics have been used against aspiring gangsta rappers accused of murder. In most cases the lyrics, which may be pulled from videos made by the accused and uploaded to video sharing sites such as YouTube, are used to establish the motive and intent of the defendant. Other times they are presented as a confession to a crime. Unsurprisingly, criminal defense attorneys are concerned about the use of this type of evidence. They are concerned that juries are relying upon those lyrics to convict an individual without understanding that in many cases, gangsta rappers adopt fictional personas and write about things that have never even happened. Another concern is that rap lyrics are being relied upon by the law enforcement to make a case and other, more solid forms or evidence, which might point to another suspect, are being abandoned. When one is charged with a crime the outcome of the case is never assured. This is in large part because one never knows how a jury will interpret the evidence presented at trial. For this reason it is important that those accused of crimes do what they can to mount a vigorous defense. Doing so could have a big impact on the rest of their life. Source: The New York Times, “Legal Debate on Using Boastful Rap Lyrics as a Smoking Gun,” Lorne Manly, March 26, 2014

When residents of Texas are pulled over for suspicion of drunk driving there are certain things that most likely expect will happen before an arrest will be made. One of those things is that the driver will blow at least 0.08 in the course of a breathalyzer test. As the arrest of one Texas man illustrates, this is not always the case. The man was pulled over in a different Texas city a little over a year ago after a police officer allegedly saw the man run a red light. According to law enforcement, the man took, and failed, a field sobriety test. Following that test the man was arrested. Later, at the jail a breathalyzer test was administered. The man passed that test with flying colors when the level of alcohol that registered was 0.00. This was not the only test the man took that registered that result. A blood test also came back with the same findings. The blood test also showed no signs of the man ingesting drugs. Despite those test results, a case against the man proceeded. The police department that arrested the man indicated that it was possible the man was not sober but rather under the influence of a drug that the blood test administered would not detect. Recently that case was dismissed by the prosecution. The man’s lawyer said that the officer involved in the arrest did not make the correct call in arresting his client. Now that the case has been dismissed he can move onto the next task–clearing his arrest record. Source: CBS Houston, “Man Arrested For Drunk Driving After Blowing 0.00 Into Breathalyzer,” Feb. 27, 2014

Navigating the criminal justice system is a daunting task for most individuals who find themselves in that position. Three men recently arrested in El Paso for auto theft are experiencing it firsthand. The men are accused of stealing at least two vehicles earlier this month. The vehicles police say the men were successful in stealing are both 2012 Chevrolet Silverados. The type and age of the vehicle are relevant since theft charges in the state of Texas are based upon the value of the property stolen. Taking anything that is worth over $1,400 results in a felony charge. Two of the men were charged with theft in connection with engaging in organized criminal activity. One of those individuals was also charged with theft over $20,000 – under $100,000. The third suspect was charged with engaging in organized criminal activity and two counts of aggravated assault with a deadly weapon. Law enforcement has indicated it is possible that additional charges could be filed against the men as well. Though specifics regarding the arrests are not clear, it is known that they were the result of an ongoing investigation run by the El Paso Auto Theft Task Force. If these men have not already, they will probably contact a criminal defense lawyer as quickly as possible. This is because if convicted, in addition to large fines, the men could spend years behind bars. Even if a lawyer is unable to secure a not guilty verdict for a case, that individual may be able to help convicted individuals face less serious consequences. Source: KFOX 14, “3 arrested in connection to vehicles stolen in northeast El Paso neighborhood,” Jamel Valencia, Feb. 26, 2014

The law currently protects women and men from certain kinds of leave-related discrimination in the workplace. For example, the law generally protects women from pregnancy discrimination associated with their need to take time off to have their babies and recover from the act of childbirth. The law also generally protects men and women from discrimination when they need to temporarily take leave from their jobs to care for a newborn, an adopted child, themselves, or a close family member who is ill. However, the law does not generally require that employers pay for these acts of leave. Practically, this makes it difficult for some men and women to take leave when they need to because they cannot afford to lose income, even when it is important to stay home and either rest or care for a new infant or ailing loved one. As a result of this challenge, new legislation was recently introduced in Congress that would create a paid medical and family leave insurance program. This legislation is entitled the Family and Medical Insurance Leave (FAMILY) Act. Senator Kirsten Gillibrand, who is one of the bill’s sponsors, recently explained her motivation for introducing the bill. She noted that, “When a young parent needs time to care for a newborn child – it should never come down to an outdated policy that lets her boss decide how long it will take – and decide the fate of her career and her future along with it. When any one of us – man or woman – needs time to care for a dying parent – we should not have to sacrifice our job and risk our future to do the right thing for our family. Choosing between your loved ones and your career and your future is a choice no one should have to make.” This bill will likely receive a great deal of support and a great deal of criticism due to its complex business-related consequences and the costs associated with such a program. But in the end, this bill may very well help Americans avoid leave-related discrimination and pay for their expenses at the same time when they need to take a temporary absence from their jobs for health-related reasons. Supporters of this bill may wish to contact their federal representatives and voice their opinions on this important piece of proposed legislation. Source: Hudson Valley Press, “Family Medical Insurance Leave Act Introduced,” Jan. 1, 2014

When someone is charged with a serious crime there may be multiple approaches that can be taken to defend oneself. While many individuals will enter a not guilty plea, others will admit that they committed the crime but try to offer up mitigating factors as a way to avoid a conviction. A man charged in the death of two El Paso women tried that approach last month. The reason offered to account for the man’s actions is that he has a “broken brain.” Most would likely agree that certain instances from his past would support that contention. According to his attorney, the man was living with a schizoid disorder as well as severe chronic depression. Just days before he killed the two women, he had attempted suicide. When he encountered the first woman, he was extremely upset and wanted again to take his life. Following the attacks on the women, he cut his wrist. Other things the man endured in his life include verbal and sexual abuse at the hands of family members. The man’s lawyer sought a not guilty verdict due to insanity. In his opening statement, he described his client’s brain as missing wiring. Deciding on this route as a way to defend oneself is not done every day. Accused individuals are more likely to either assert their innocence or admit guilt in exchange for lighter consequences than what might otherwise be ordered. Because the outcome of any criminal case is always unknown, it is almost always a good idea to seek the assistance of a criminal defense lawyer. Source: Inquisitr, “‘Broken Brain’ Defense Used In El Paso Random Double Slaying Trial,” Jonathan Vankin, Jan. 22, 2014

While people throughout the state of Texas are arrested each day for the theft of physical objects, there are other, less tangible things that could lead to criminal charges if taken. As technology has advanced and more and more financial dealings are handled electronically, identity theft has become quite prevalent. Though this crime is committed without a threat of physical violence, the consequences for a conviction are nonetheless serious. An El Paso woman was recently arrested for this very crime. The arrest followed an investigation that was conducted by a financial crimes investigator. The investigation allegedly uncovered that the woman was in unlawful possession of personal information for 111 individuals. Authorities charged the woman with fraudulent use or possession of identifying information. When the woman was arrested, there were several items found in her possession that the prosecution could potentially use to build a case against her. These items include the following from the victims: In addition, blank ID card and check stock and an ID printer were found. For the best possible outcome, most individuals facing these types of charges contact a criminal defense lawyer for assistance. Depending on the specifics of the case, the approach taken to defend the case will vary. In some cases the best approach may be to take the case to trial. Other times, however, a plea deal could result in the best possible outcome. Though there is no way to guarantee an outcome, an attorney is usually in the best position to provide options to accused individuals. Source: KFOX 14, “Police: Identity thief had more than 100 victims,” Jesse Martinez, Jan. 23, 2014

Advertising can have powerful effects on both consumer decisions and on culture as a whole. As a result, it is important to think critically when viewing and responding to advertisements. Few arguments can speak as effectively to the need for critical analysis of advertisements as advertisements themselves can. In viewing old advertisements, consumers can truly learn how dangerous products make their ways into American homes, businesses, and public spaces. Take, for example, two 1954 print advertisements for cellophane. In one photo, an infant is being delivered by a stork. The baby is not wrapped in a blanket or any kind of cloth, but is completely wrapped in cellophane. In another advertisement, three babies are looking out at viewers from behind a pane of cellophane. While one of the babies pokes at the cellophane, another seems to be licking it. Consumers now understand that cellophane presents both choking and suffocating hazards for infants. Yet, advertisers were once so eager to sell the product that they did not think twice about whether it would be safe for babies to be around, let alone for babies to help sell. Another example of the ways in which advertisers have failed to think critically is a 1942 print ad for a product called “Vitamin Doughnuts.” Because these sugary treats were fortified with at least 25 units of B1 vitamins, they were marketed as healthy. While this may seem like an absurd claim now, is the advertising for Vitamin Doughnuts so different than current advertisements for fortified sugary cereals that are arguably just as unhealthy as doughnuts? In order to keep you and your loved ones safe, please think critically about the advertisements you are subjected to on a daily basis. The bottom line of most companies is to make money, not to ensure your well-being. By thinking through the purchase of a potentially dangerous product, you may spare yourself and your loved ones from harm. Source: Collectors Weekly, “What Were We Thinking? The Top 10 Most Dangerous Ads,” Hunter Oatman-Stanford, Aug. 22, 2012

Whether one faces criminal charges in a state or federal court, it is important that the accused individual does all he or she can to build a strong defense. An El Paso man, who was charged with a federal crime in connection with a “pay-to-play” scheme, was recently sentenced for his role in the matter. He will spend 10 months in prison and pay a fine of $25,000. Things will not go back to normal for him once those 10 months are up. Once he is released from prison, he will have two years of supervised release as well. The 44-year-old former political consultant, who pleaded guilty to one count of conspiracy to commit mail fraud and deprivation of honest services, was one of at least 39 individuals who have been convicted of crimes in connection with the matter. Specifically, he admitted to passing along a $1,500 cash bribe to a former El Paso County Judge. Among other things, in exchange, the judge supported the refinancing of county debt totaling $40 million. That judge received a four-year prison sentence for his involvement in the matter. These types of white collar crimes are taken very seriously by federal authorities who aggressively go after those suspected of being involved. Accordingly, it is not uncommon for the federal government to come out on top. For that reason it is imperative that individuals accused of federal crimes work to minimize the consequences. In most cases this involves working with a criminal defense attorney. Source: El Paso Inc., “Dill sentenced to 10 months,” Jan. 12, 2014

The El Paso police cracked down on drunk driving over the Christmas holiday and again over New Year’s Eve. The police recently reported that during the first crackdown, held Dec. 23-28, they arrested 35 alleged drunk drivers. Arrest numbers have yet to be reported for the second effort. The El Paso Police DWI Task Force partnered with other officers from regional commands to arrest drunk drivers during both periods. Authorities in Texas are always extra motivated to combat drunk driving over the holidays, when the risk for drinking and driving tends to elevate significantly. Of course, when DUI/DWI enforcement efforts ramp up, there may be an increased likelihood of police making mistakes. For example, field sobriety tests are fairly subjective. When police are in crackdown-mode, they may be more likely to misinterpret the results of field sobriety tests, believing that people are too drunk to drive when in fact they are not. Additionally, breath tests are not always accurate, as the technology simply is not a perfect science. In other DWI cases, police sometimes violate the rights of Texas residents. For instance, police may make illegal traffic stops or fail to inform drivers of their rights. Depending on the circumstances of a DWI arrest, the options for a successful legal defense vary. DWI charges can lead to very serious consequences in Texas, and defendants are often wise to seek legal counsel as soon as possible after an arrest to learn about their options. There are often criminal defense strategies available that will help minimize the effects of an arrest. Source: El Paso Times, “El Paso police: 35 DWI cases during holiday crackdown,” Dec. 29, 2013