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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This episode of So You Got Arrested dives deep into the often-misunderstood Texas juvenile justice system with a special guest, Judge Christina "Tina" Hartmann, who shares her experience as both a prosecutor and a judge in juvenile court.

The discussion begins by highlighting the fundamental difference between the juvenile and adult systems: the juvenile system's primary goal is rehabilitation (like a mixture of criminal justice and social work), while the adult system focuses mainly on public protection.

Key Discussion Points:

• Rehabilitation Focus: The system prioritizes rehabilitation; probation officers are assigned immediately to offer services and counseling, a major difference from adult court.
• Jurisdiction: The court handles children aged 10 through 17, even for minor offenses like school fights.
• Custody: Juveniles are detained in a detention center (not jail) using a process that can involve a "directive to apprehend" (warrant).
• Diversion Programs: Options like "assess, counsel, and release" or a "deferred contract" can resolve cases without formal court proceedings.
• Safeguards: Extra protections include the use of a neutral magistrate to ensure a child understands their rights before giving a statement to an investigator.
• Detention Hearing (48-Hour Rule): A hearing must occur within 48 hours of detainment. No bond is set; the judge reviews probable cause and determines release based on the child's safety and supervision. Hearings are reviewed every 10–15 days.
• Formal Proceedings: The charging document is a petition, and a finding of guilt is an adjudication of "true" or "not true."
• Sentencing (Disposition): Sentencing requires a finding of a "need for disposition." For severe cases, a child may be sent to TJJD (Texas Juvenile Justice Department), a rehabilitative institution, not a prison.
• Records: Juveniles generally have the right to seal their records, though serious felonies or TJJD commitments can affect this.

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Attorneys Steve Barrera and Brian Powers detail the defense of John, an honor student charged with the murder of his high school counselor, Dr. Peña, who was grooming him.

🔎 Explosive Evidence of Predation

After a year delay in discovery, the defense gained access to Dr. Peña's phone records, revealing a massive pattern of abuse.

• Hundreds of Thousands of Texts showed Peña grooming scores of male students over the years, using offers of college help as a "hook" to lure them.
• The relationships escalated to drug dependency for some former students, with Peña coordinating with multiple dealers.
• The Notes App contained 18 single-spaced pages documenting John's four visits, confirming John's consistent, respectful refusals to Peña's advances ("That's for the ladies, I'd rather not do that, please don't").

🏫 Systemic Protection and Prior Misconduct

Investigation uncovered that Peña had been pushed out of a previous teaching role for retaliating against an uncooperative student by messing with his grade. He was simply reassigned as a counselor, where he immediately resumed his predatory behavior. The school maintained a culture of protection, fearing the consequences of reporting a popular colleague.

💊 Medical Evidence and Investigative Bias

The defense secured critical medical evidence:

• Cocaethylene: The medical examiner found high levels of cocaine and alcohol in Peña's system, which metabolized into cocaethylene, a compound that causes heightened aggression, sexual aggression, and increased strength/pain tolerance.
• Investigator Bias: Bodycam footage showed a Ranger and investigator, who knew Peña, dismissing concerns about other victims, stating, "If it ain't in a report, it didn't happen," despite the known reluctance of victims to report.

⚖️ The Emotional Trial and Not Guilty Verdict

The intense, week-long trial culminated in an emotional verdict.

• Jury Impact: The defense's theory was supported during jury selection when two panelists, a victim/target and a concerned mother, confirmed the widespread nature of Peña's actions.
• John's Testimony: John took the stand and broke down during cross-examination while detailing his trauma and refusals, visibly moving the jury.
• Excluded Evidence: Despite months of preparation, the judge disallowed the testimony of other victims, preventing the jury from hearing evidence of Peña's pattern of grooming.
• Verdict: The jury returned a Not Guilty verdict after just 45 minutes of deliberation. Two jurors hugged John afterward.
• Texas Self-Defense Law: The attorneys emphasized the legal defense: a person has the right to use deadly force if they reasonably believe they are about to be sexually assaulted or kidnapped, which applied to John's situation as Peña had physically restrained him.

The attorneys called John a hero for inadvertently stopping Peña's continued predation in the community. John is now doing well, has his pilot's license, and has moved on with his life.

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The Texas justice system is often messy—so let's break it down. You're listening to So You Got Arrested, the podcast that tells you what really happens after an arrest.

In this explosive episode, hosted by BRCK Criminal Defense Attorneys, we discuss the case of John Alvarado, an 18-year-old honor student from Dimmit County, Texas, who was charged with murder after killing his high school migrant counselor, Dr. Carlos Pena, in April 2019.

John immediately told 911 he acted in self-defense after the much larger counselor attempted to sexually assault him. His claims of abuse and the use of cocaine were corroborated by police at the scene.

Join us as we dive into:

• The alarming pattern of grooming used by the counselor on vulnerable students.
• The overwhelming evidence, including hundreds of text messages, that showed John's resistance.
• The final, fatal confrontation in a double-locked "man cave" that ended with John's desperate act of self-defense.

We examine how this good kid—a dedicated student, athlete, and triple-job worker—ended up charged with murder in the community he loved. We'll also hint at the shocking discovery that John was far from the only victim.

Tune in next week for part II

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Step into the intricate world of criminal justice as we break down the stark differences between the Texas State Court and the Federal Court systems.

In this illuminating episode, the BRCK defense attorneys host legendary prosecutor and former judge Joey Contreras. With 18 years as a revered U.S. Attorney, handling massive cases like racketeering and Mexican Mafia trials, followed by his appointment as a state district judge, Mr. Contreras offers a unique and candid comparison.

Discover why the federal system is often viewed as more demanding, professional, and faster-moving. We dive deep into:

• Federal "Hooks": Understanding the Commerce Clause and how electronic data makes crimes federal.
• Case Work-up: The superior screening and investigation by federal agents that leads to "overpowering" evidence.
• Plea Bargaining & Sentencing: The vast difference in plea negotiations and why federal sentencing guidelines create national uniformity (from Guam to Texas).
• The Grand Jury Process: How the federal system uses witnesses for a more "mini-trial" approach compared to the state's "sausage factory."

Finally, Mr. Contreras shares his profound concerns regarding recent events and the critical importance of the Department of Justice's independence from political influence, drawing historical parallels to Watergate.

Whether you're facing charges or simply curious about the scales of justice, this episode gives you the smart moves and insider insights you need.

If you're facing charges or just want to understand the complexities of the Texas justice system, we’ve got your back.

👉 Listen, subscribe, and share!

Disclaimer: This podcast provides general legal information and is not legal advice. For advice on your specific situation, contact a qualified attorney.

BRCK Criminal Defense: For legal assistance, visit us at BRCKDefense.com.

#TexasLaw #FamilyViolence #CriminalDefense #Assault #TexasJustice #SoYouGotArrested #LegalAdvice #Roommates #Felony #Misdemeanor

The Texas justice system is complicated, especially when it comes to Assault Family Violence (AFV). But did you know a fight with your roommate over food could be charged as a family violence case? 🥪👊

In this episode of So You Got Arrested, criminal defense attorneys from BRCK Criminal Defense break down the surprising ways Texas law defines "family" and "household," and the potentially life-altering consequences of an AFV charge—even for a simple misdemeanor.

Here’s what you’ll learn:

• Why a fight between roommates can be classified as Assault Family Violence under the Texas Family Code.
• The severe, lifelong consequences of an AFV conviction, including the loss of the right to own firearms or ammunition under federal law.
• How a second charge of AFV can escalate to a felony punishable by 2 to 10 years in prison.
• The role of prosecutors when a victim doesn't want to press charges—and why they often move forward with the case anyway.
• An explanation of Continuous Family Violence Assault and how it became law.
• The impact of Protective Orders and bond conditions on the accused and their household.
• Why specialized AFV courts in jurisdictions like Bexar County are so backed up and the debate over the law's intent.

If you're facing charges or just want to understand the complexities of the Texas justice system, we’ve got your back.

👉 Listen, subscribe, and share!

Disclaimer: This podcast provides general legal information and is not legal advice. For advice on your specific situation, contact a qualified attorney.

BRCK Criminal Defense: For legal assistance, visit us at BRCKDefense.com.

#TexasLaw #FamilyViolence #CriminalDefense #Assault #TexasJustice #SoYouGotArrested #LegalAdvice #Roommates #Felony #Misdemeanor