Pop Quiz-- DWI occurs and after arrest gambling slips are found in the defendant's wallet-- bets on NFL games. Defendant claims he just came from Vegas.

I still have to see if the slips are from Vegas or not; but supposing they are from Vegas, who thinks we can charge the defendant with 47.06 Gambling Paraphernalia? The argument obviously being gambling in Vegas is legal. Would it become illegal to have the slips here in Texas? Would it matter that the games are complete or soon to be played around the offense date?

I think it meets 47.01(6), but if you look at the defenses established, I think you're going to have a hard time with 47.06(d).

It sounds like you are reaching. Are the DWI facts really poor?

DWI facts are really good. For some reason dude wants a trial. Pondering if we should do a DWI trial & Possession of Gambling para. at the same time.

As I think about it more, maybe we should stick with DWI and also the viagra that was found in the car without a prescription.

I'd stick with the good facts. The prescription drug should be easy if your PC is there. The DWI is always difficult, but if you've got good facts, proceed on what you have.

It might seem like you were 'piling on' the defendant because the three offenses are unrelated. Also, you often don't want to give the defense attorney any more ways to throw dead fish up in the air. DWI trials are most often rabbit trails / smoke screens / and red herrings. I'd try and keep the convolution to a minimum.

I'd feel differently if the drugs were an intoxicating substance and the paraphenalia was somehow related to the DWI. (Defendant consumed copious amounts of liquor celebrating his winning a pontoon boat and a single wide on a 5 - 2 square in the Texas/OU game.)

Thanks for the advice. I will keep it simple.

By the way, WHO WON THE TEXAS/OU GAME??? I THINK I HEARD A RUMOR ABOUT IT BUT I'M NOT SURE.


(This is the part of the forum where all OU fans freak out and rip their hair out at the very memory of TEXAS giving them hell on Saturday. OU fans can reply if they dare).

you should only chrage him if he bet that OU was going to win.

... and OU still su- ... ummmm ... still "draws (liquid) into the mouth by movements of the tongue and lips that create suction" ...

There, that can't offend anyone, can it?

An illegal possession of viagra case sounds like it might be hard to prosecute.

There's definately some firm difficulty.

Will this stand up in court?

The evidence would never stand up in court.

Imagine the snickers when the bailiff announces "All rise"

would it lead to another stiff sentence in a penal institution

Ok Ok I'll quit

Slip would only matter to me if resulted in showing that he had just got back from VEGAS (baby). I think we all know what happens on those red-eye trips back from Vegas. Pales only in comparison to the red-eye trip OUT TO Vegas (baby).

Is the secret identity of SA PROSECUTOR a former trumpet player once stationed in Fort Bend County?

You would be correct Greg. How goes the trap set?

The trap set is much busier now that I am just outside of Austin.

Ya know, Clay, I hate it when your jokes are funnier than mine.

Good to hear Greg! Keep on jammin.

You got love in Utah.