Sunday, December 14, 2008


HISD has announced that they will begin random searches of employee parking lots district wide. HISD Superintendent Abe Saavedra told reporters that these searches through the HISD Police canine unit "will be unannounced and every one's vehicle will be included."

However, 11 News legal expert Gerald Treece says random searches would violate the fourth amendment at Houston schools. Treece said, "I think it's crazy. Not only illegal, it's the oldest argument around that because teachers are public employees they have diminished constitutional rights and that's nonsense."

A search or detention requires individualized suspicion of criminal activity. Otherwise, the search or detention is illegal. It is likely that any arrests for possession of drugs or other paraphernalia will be tested in a motion to suppress the evidence.

Jeth Jones
Houston / Galveston
Criminal Defense Attorney

Friday, October 10, 2008


DWI Law in Texas is complex but there are basic things that everyone in Texas SHOULD know about how to act after being stopped by a police officer when the detention turns into the officer's suspicion of you for Driving While Intoxicated.

First, Do You have to blow (give a breath test) or give a blood test? The short answer is NO. You can refuse to take either of the tests. I will address when you will be REQUIRED TO GIVE A BLOOD TEST in another entry addressing when officers seek a search warrant from a magistrate (usually done in cities such as Houston and Galveston on targeted holiday weekends such as July 4th).

Texas Law provides that a person CAN REFUSE a breath test. However, if you refuse (and this is your first arrest) your license will be suspended by DPS for 180 days. Note, that you will likely be charged with DWI as well if other evidence supports your arrest.

If you take the breath test and fail (breath alcohol concentration of .08 or greater) your license will be suspended by DPS for 90 days in cases where this is your first arrest.

Note that in either circumstance you are entitled to challenge the suspension within 15 days after the arrest.

You should contact attorney regarding the specific procedures and details of the applicable law. My purpose in these upcoming blog reports will be to let you know what your rights are and how you are allowed to act when you find yourself in the unfortunate position on the other end of the maglite.

Next up --- do I have to Stand on One Leg? Or do any of the other silly field sobriety tests the Officer asks me to DO?? The short answer is Absolutely NOT. Stay Tuned.

Remember, the 4th and 5th Amendments to the US Constitution protects you from unreasonable searches and self-incrimination.

L. Jeth Jones, II
DWI Defense
Houston / Galveston

Wednesday, July 2, 2008

Texas Judge Issues Gag Order in Aggravated Sexual Assault Trial

A Texas Judge in Smith County Texas has issued a gag order in an Aggravated Sexual Assault Trial where the prosecutor and the news reporter covering the trial have been in a romantic relationship as recently as five months ago.

The Defendant has been charged with aggravated sexual assault of a child, tampering with physical evidence and engaging in organized criminal activity.

See the attached link for the complete story of this unusual criminal case where the Defendant is alleged to have made children as young as five perform in sex shows at an east Texas "Swingers Club."

Jeth Jones
Houston / Galveston Criminal Defense Attorney

Monday, June 30, 2008

Houston Galveston Criminal Defense DWI Website Launched --

The Jones Law Firm has launched its website.

The Jones Law Firm with its principal office in Houston, Texas handles criminal defense in cases ranging from DWI Driving While Intoxicated to Murder in Houston and Galveston state and federal courts.

Jeth Jones can be reached at

Houston Driver Charged with Intoxication Manslaughter in Death of Houston Police Officer

Veteran Police Officer Gary Gryder was killed when Hung Dasian Truong drove through a barrier where the HPD Officer was directing traffic. Truong has been charged with Intoxicated Manslaughter.

Officer Gryder was a 23 year veteran of HPD and father of a 13year old son. A link to the news video regarding the incident is included below.
L. Jeth Jones, II
Houston / Galveston
Criminal Defense Attorney

Wednesday, June 11, 2008


A Midland, Texas man has been accused of Criminally Negligent Homicide in a traffic accident on Highway 191 near the Midland International Airport. See attached link for the story:

The posted speed limit was 55mph in the area where the accident occurred and it is alleged the Defendant was going approximately 80mph. There is no allegation that the man was intoxicated at the time of the accident or that anything else caused him to lose his mental or physical faculties (such as driving while on a prescription meds that may cause him to be impaired).

This is a cautionary tale of the police seeking charges when there a death in a motor vehicle accident. Most of us do not think that it is possible to be charged with injuring another person when we are speeding and get in an accident. The DA's office will proceed under the theory that the man should have been aware of a substantial and unjustifiable risk when speeding at an excessive rate of speed.

This is a really tough case for the Midland D.A.

Jeth Jones
Jones Law Firm
Houston / Galveston

Saturday, June 7, 2008

Jeth Jones Comments on Cedric Benson DWI Arrest in Austin Texas

This whole Cedric Benson DWI arrest has started to bother me. Why couldn't the Travis County Sheriff's Office just leave him alone when he was out on Lake Travis with his friends. Is it fair to do a "life-jacket" check every time he goes out in his boat??

I hope they have video of him driving the boat at the time of this latest arrest. I am sure the Travis County Police and the Travis County District Attorney's District Attorney's office haven't forgotten they have to prove "operating" under Chapter 49 of the Texas Penal Code. See the attached article with picture of Cedric recently published in the Chicago Sun Times. This picture was taken around an hour before the arrest where Cedric Benson allegedly "operated" the boat while intoxicated. Cedric is just hanging out in the boat eating potato chips in the picture. There may be alcohol on the boat (see background of picture) but none in his hands. It is likely that Cedric Benson's attorney will force the Austin D.A.'s Office to Trial on this case. .

Link to Article:,051008bear.article

Can't the Austin Police and the Travis County Sheriff's Office just let Cedric enjoy the rest of his summer until he reports to training camp in a month or so? And Cedric, since you've gotten another DWI arrest since the boating incident, hire a driver for your car and your boat. They are relatively cheap if they are not your friends but actual employees.

Please let me know your thoughts on the whole Benson BWI affair.

Jeth Jones

Tuesday, June 3, 2008

News in Mont Belvieu, Texas Not Shocking

The headline regarding police officers giving Class C Misdemeanor tickets instead of charging folks with DWI out of Mont Belvieu, Texas and other surrounding small counties in Texas did not and does not shock me.

The reason for this problem is very Small cities do not generate revenue on par with the revenue generated in municipal court when they arrest individuals for Class B and higher crimes in Texas. Let me be clear. If a police officer in a small city such as Mont Belvieu, Texas charges someone with Driving While Intoxicated, the charge is referred to the District or County Attorney for further prosecution. When and if the defendant is ultimately convicted, any fines that are paid go to the county and the state. However, if the person were instead charged with a class C misdemeanor all of the money paid in fines goes to the City. There you have it.

If MADD or anyone else is angered by this, talk to your legislator or the folks in Austin. It's not that it is a real problem but I just feel need to point out that the reason this happens is very simple. The blame should be focused on the Mayor or the Chief of Police.

See the attached link for the recent story:

Tuesday, May 13, 2008


Welcome to the Criminal Law Blog. I apologize at the outset for the negative blogspot moniker. However, it is pretty obvious that justice is not typically blind. If you would like to see the poorest and most disenfranchised in your community go near the county jail on the weekends.

Most of the postings will be aimed at exposing the inequities of our criminal justice system. We can't change it but we sure can talk about it. If justice is not blind, then we should have both eyes open as well. I intend to report and not preach so the rant is over.

In the immortal words of Eric Cartman, "Excuse me sir, could you please step out of the car..."

You can go to my Law Firm's Home Page at