Tune in as BRCK Criminal Defense attorneys break down critical constitutional rights in the context of Texas arrests. This episode demystifies common legal phrases like "pleading the fifth" (Fifth Amendment self-incrimination) and the Miranda Rule (custody and interrogation). The hosts also cover Fourth Amendment protections against unlawful search and seizure in vehicles, discussing the automobile exception, probable cause (like the smell of marijuana), and inventory searches. Get essential advice on handling traffic stops, Field Sobriety Tests, and DWI blood/breath requests, especially before the holidays. 00:00 Introduction: "So You Got Arrested" podcast, Texas justice system, and understanding your rights. 00:27 Pleading the Fifth: Explaining the right against self-incrimination from the Fifth Amendment. 01:22 Pleading the Fifth for Witnesses: The critical difference: witnesses who are not suspects do not have a Fifth Amendment right. 02:12 Fourth and Fifth Amendments: Overview of the right against unlawful search/seizure and self-incrimination. 02:43 Federal vs. State Constitutional Rights: Discussing how the Texas Constitution provides equal or greater rights. 03:37 Miranda Rights: Debunking the myth that a case is thrown out if rights aren't read; the requirements of Custody and Interrogation. 04:32 Volunteered Statements (Res Gestae): Why statements not in response to questioning (e.g., in a police car) are admissible. 05:58 The Jinx/Robert Durst Example: Confessing while talking to himself on a hot mic during an interview (not custody/interrogation). 07:25 Vehicle Stops and the Fourth Amendment: Discussing the lower expectation of privacy in an automobile vs. a home. 08:23 Automobile Exception: Why police generally don't need a warrant to search a vehicle (mobility). 09:52 Probable Cause - Smell of Marijuana: Why the smell of marijuana alone gives officers probable cause to search. 11:43 Searching Without Probable Cause or Consent: Discussing the use of a K-9 unit (drug dog). 12:41 Arrestable Offenses in Texas: Most offenses are technically arrestable, except speeding and open container. 13:28 Inventory Search Exception: How police can search a vehicle after towing it, and the requirement for a specific department policy. 17:24 Arizona v. Gant: The Supreme Court decision that cut back on the "search incident to arrest" doctrine for vehicles. 21:14 Pretext Stops: Why the officer's true motive for a stop doesn't matter as long as a legitimate violation occurred (e.g., expired registration). 23:39 Holiday Safety and DWI Advice: What to do when pulled over for a potential DWI. 24:57 Field Sobriety Tests: Advice on refusing or performing the tests and the Catch-22. 25:57 Breath/Blood Tests: Discussion of Intoxilyzers, blood draws, and the varying policies across counties. 28:35 Final Holiday Warning & Contact Information

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In this special Veterans Day episode of So You Got Arrested, we sit down with BRCK criminal defense attorney James Heath, a proud veteran of the United States Marine Corps. James shares his unique and non-traditional journey into law, discussing how his initial attempt at community college didn't stick, leading him to enlist in the Marines, including a deployment to Afghanistan. He reveals how the rigorous discipline and life experience gained as an enlisted Marine shaped his mindset, enabling him to return to college, earn his degree, and ultimately attend law school. James discusses his passion for indigent defense, his work with the Public Defender's Office in West Texas, and how his military training—focusing on presentation, preparation, and systematic flexibility—helps him champion clients' rights in the Texas justice system today. Learn how experience outside of a traditional academic path can lead to becoming an effective and deeply empathetic criminal defense attorney. 00:01 - 00:26 Introduction - Host welcomes listeners and introduces the "So You Got Arrested" podcast, focusing on the messy Texas justice system. 00:26 - 01:24 Meet James Heath - Introduction of James Heath, a veteran BRCK attorney; discussion of his background and moving to San Antonio. 01:24 - 02:22 Early Life & Career Path - James discusses trying community college, working odd jobs, and deciding to enlist (host shares a similar non-traditional student story). 02:22 - 03:42 Joining the Marines - Discussion of James joining the Marine Corps after a recruiter's challenge (reverse psychology). 03:42 - 05:10 Military Service Details - Boot camp (San Diego), 29 Palms, father's support, and initial interest in criminal law/detective work. 05:10 - 05:54 Deployment to Afghanistan - Discussion of his time as an artilleryman and deployment to Afghanistan (approx. eight months). 05:54 - 07:02 Mindset Shift & Returning to School - How the Marine Corps provided positive traction and discipline; returning to community college and then UTSA. 07:02 - 08:08 The Non-Traditional Student - Comparing their late start in college and law school (age 27/28 vs. 32) and the value of real-life experience. 08:08 - 09:06 Life Experience as a Trial Attorney - Working odd jobs (busboy, bartender) and how waiting tables was the best training for trial work. 09:06 - 10:03 Marine Corps Discipline in Court - How being an enlisted Marine built people skills and how the military emphasizes presentation and preparation in legal advocacy. 10:03 - 11:29 Academic Turnaround - James discusses withdrawing initially, returning with discipline, and earning an Associate's degree from Northwest Vista Community College. 11:29 - 13:30 The Pivot to Law - How his brother suggested law; the importance of starting a career/education later in life (e.g., successful attorney graduating at almost 40). 13:30 - 14:32 Law School Prerequisites - Majoring in Politics and Law at UTSA and preparing for the LSAT. Discussing the constant effort needed to maintain discipline. 14:32 - 15:20 Sponsor Break (BRCK) - BRCK Criminal Defense advertisement. 15:20 - 17:12 Finding Criminal Defense - Starting law school (1L) thinking about contracts, but getting hooked on criminal law by Professor Pham. 17:12 - 18:39 Public Defender Internship - Working at the Far West Texas Regional Public Defender's office in Alpine, Texas, for a summer. Deciding this was the type of work he wanted to do. 18:39 - 20:07 The Indigent Defense Philosophy - James discusses his passion for ensuring basic rights are protected, regardless of financial means, linking it to his service as a Marine. 20:07 - 22:38 Quality of Defense - Discussion on the belief that liberty shouldn't hinge on money; the firm's dedication to appointed cases and James being "blind to the payment." 22:38 - 24:24 Joining BRCK - The transition from public defender to BRCK; how James was recruited after being called a "superstar" by court members. 24:24 - 26:2

This episode features a conversation with Judge Tina Hartman, making her the podcast's first sitting judge guest. The discussion centers on the expectations and unspoken rules judges wish defendants and attendees knew when coming to court.

Key Topics Discussed:

• Appropriate Court Attire (00:55): Judge Hartman stresses the need to dress respectfully for the institution. The hosts emphatically state: "Don't ever wear shorts to court ever." They recommend checking the court's dress code, avoiding clothes advertising illegal substances or alcohol (especially for related charges), and assure that accommodations can be made for those who cannot afford appropriate attire.
• Court Arrival Time (03:19): Defendants should be present before the court's start time (typically 9 AM) to ensure they are marked as present during the docket call. Showing up late or failing to check in can lead to a warrant being issued.
• Interacting with the Judge (04:47): A defendant rarely has to speak to the judge, especially during a first appearance. The judge primarily needs to know about legal representation. Attendees are warned against approaching the judge or staff to talk about the case, as the judge must remain neutral.
• Writing to the Judge (06:45): Writing letters directly to the judge is not helpful; the judge will likely not read it (to maintain neutrality), but the prosecutor will receive a copy, potentially exposing more facts about the case.
• Case Resets and Presence (07:41): Cases are often reset for negotiation or conferral, but the defendant is still expected to attend all scheduled court dates as it's typically a bond condition and they have the right to be present at most hearings.
• Plea Bargains (08:40): The judge does not know about plea bargain offers unless the defendant is accepting an agreed plea. They remain detached from negotiations to stay neutral.
• Legal Advice (09:34): Court staff, clerks, and the judge cannot give legal advice—that is the role of an attorney.
• Addressing the Court (10:59): The safest and most common way to address a judge is "Your Honor," though "Yes, Judge" or "Yes, Ma'am/Sir" may also be acceptable in some courts, provided it shows respect.
• Bringing Family/Support (13:12): Generally, courtrooms are open and public, allowing family members to attend, provided there is seating and they are well-behaved. A critical exception is if the defendant has bond conditions prohibiting contact with a person who attempts to attend.
• Leaving Court (14:31): Attendees are not free to leave until their case is done for the day and the court or their attorney has excused them.
• Absence/Lateness (15:29): If running late or unable to attend, immediately contact your lawyer or the court coordinator/clerk. Do not assume you can go home or come back the next day, as this will likely result in a warrant.
• Interacting with Inmates in Court (17:27): Family members cannot pass notes, money, or items to loved ones who are in custody in the courtroom. Deputies are in charge of security and generally do not allow physical contact (like hugs), as the inmate is still in the custody of the Sheriff's Department.
• The Judge's Role in Dismissal (22:22): The judge does not have the authority to unilaterally dismiss a case. A Motion to Dismiss must be filed by the State (prosecution), as it is the State's case.
• Pet Peeve (27:32): Judge Hartman's biggest pet peeve is when people are rude to each other, the court, or their attorneys. She expects everyone to be treated with respect.

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