D is on probation in criminal district court. She has ongoing visitation problems with baby's daddy, who, along with his wife, has custody of the child. (apparently, baby's daddy doesn't like it when D has the child in the room with 13 grams of coke, two pistols, an AK47 lookalike and her ex-con dope slinging old man) D uses pro-doc to gin up a letter reciting the visitation schedule and instructing baby's daddy that "it is important to comply with these visitation provisions" and that he has "violated two court order documents 1ST) visitation rights 2ND) unknown address where children resides..." He is instructed to "call (D) at" certain phone numbers "to comply with the agreements or legal actions will be inforced." Baby's daddy is also told he may "call Judge _______" if "you have any concern in the case. The letter is signed "Judge ______," reminiscent of the excuses signed by "Epstein's mother." Later, a female calls the baby's daddy's place of business representing herself as Judge ______(a man, and, coincidently, the Judge of the court where D is on probation for a second degree felony). D at first says she asked a co-worker to write the letter but she never read it and has no idea how the co-worker chose the name Judge ________. Co-worker says D brought her the letter and asked her to sign it because she was a afraid baby's daddy would recognize her handwriting. Co-worker is cooperating. Later still, D admits that she has not been truthful; that she , D, wrote the letter, had the friend sign the name of the only judge she knew and mailed it to baby's daddy. It appears the charge is impersonating a public servant, 37.11(a)(1). The intent of the D is that the baby's daddy submit to her pretended official authority by complying with the valid visitation order and disclosing his address. There are not that many cases on this one; all deal with eventual face to face impersonations and calls for submission to pretended authority.
1. What do you think about indictment language?
2. Any other bright ideas? (this is the one and only allegation I can use to revoke her probation.)

[This message was edited by BLeonard on 11-05-04 at .]

[This message was edited by BLeonard on 11-05-04 at .]

[This message was edited by BLeonard on 11-05-04 at .]

On probation?
She is not supposed to be around bad people and bad places, did she perhaps violate that?
I imagine that, unless your DC Judge is a sponge, an act of this caliber shows an utter lack of respect for her child, and the court. In fact, in her bold actions, it could be argued that the court has no reign on this probationer. Her probation should be revoked for the full 20, that would give that little girl a chance to grow up without the bad influence in her life.

Yep, she was probated on the AK47 facts above. The case is a transfer to my court bcause Judge ________ cannot hear the thing. In the 3 1/2 years of her probation leading up to this crime, she was perfect. Not a hot UA, never a missed report and so on. It seems to me the indictment (and paragragh in the petition to adjudicate) should read so:

did then and there impersonate a public servant, to wit: the Honorable Judge ________, judge of the ______ court of Tarrant County, Texas, and, with the intent to induce (baby's daddy) to submit to her pretended official authority, did send (baby's daddy) a letter ordering him to follow a child visitation schedule and to reveal his address to the defendant and to contact the defendant via telephone.

Wouldn't it be easier to charge her w/ tampering w/ a governmental record under 37.10. The intent was to harm the victim w/ the vistataion and/or revealing his address making it a State Jail Felony.

Do the def's conditions of supervision include "support your dependents..."? If so, you might check with baby's daddy to see if def is current on all of her child support & insurance obligations. If she's not, you very likely have a violation.

My judge will disappear this defendant; I just want to get the prose & charge right. I can't agree that we are dealing with a government record. This letter is not the kind of instrument any judge would utilize. The boldness is breathtaking.

It may not be as sexy (meaning they're misdemeanors), but it sounds like you could make a run at simulating legal process (sec. 32.48) and/or record of a fraudulent court (sec. 37.13). The felony impersonating charge is probably more satisfying, though. In the immortal words of Larry the Cable Guy, "git 'r done!"