No two days are the same in the sector of criminal law, with each case posing new challenges to the attorney handling the case; criminal law covers everything, from small misdemeanors, to big heinous crimes, fraud and white-collar crime. It is therefore vital that the legal help you seek is the right help for you, as the every-evolving and changing nature of the law can make it difficult to keep up.
This month we speak with Benjamin Gray, an attorney specializing in criminal law, who updates us on the legislative changes in Texas.
What criminal law segments would you say you are most involved in? What motivated you to embark upon a career focused on this practice area?
I focus on state criminal law in Texas as opposed to federal criminal law; I handle misdemeanor and felony cases. During my second year of law school I interned for a criminal defense attorney during the summer. It was a great experience and opened my eyes to the realm of criminal law.
What is a recent regulatory development surrounding crimes and related to criminal law in Texas?
In 2013, Texas enacted the Michael Morton Act as codified under Article 39.14 of the Texas Code of Criminal Procedure. This requires prosecutors to give defense attorneys any evidence that is relevant to the defendant’s guilt or innocence. In essence, there is now a more open discovery policy in Texas for criminal matters.
What are currently the biggest obstacles pertaining to criminal conviction and litigation therein in Texas / globally, and as Thought Leader, what solutions do you envision?
You have indigent people who can’t afford to post a bond or can’t afford to hire an attorney. A lot of them accept plea agreements to get out of jail because they didn’t have the resources to fight their case. We do have provisions which allow an individual to be released on a personal bond, however for a misdemeanor that could take up to 30 days and for a felony that could take up to 90 days. If the State files a complaint or indictment before the 30 or 90 days then the individual still has to post a bond. I think we need to make bonds more reasonable so the average person can afford to post a bond and continue with their life until their legal matter is resolved.
Have you noticed any trends in crime overtime? Were particular crimes commonly witnessed throughout different time periods?
Drugs and driving while intoxicated seem to be what I see as prevalent as far as crimes committed in Texas. When I look at the court dockets there tends to be a lot of arrests for possession of marijuana and DWI.
International thoughts on weapons in American states have conflicting opinions; do you think anything could be done to reduce gun/weapon crime? If so, what would you advise?
I am not sure if anything can be done to reduce gun crimes. Most criminal aren’t buying guns at the gun store through a licensed dealer. Most criminals are getting guns illegally on the street. The United States is a large country and it is difficult to keep people from smuggling guns into the country.
