The Medl in News
APRIL 2018
This was made clear a few years ago when I worked with the Innocence Project to clear the name of a client who had already served 18 years in prison on a life sentence. While it was tragic that an innocent man had to spend such an extended period of his life incarcerated, at least he was able to return to his family. People have this misconception about defense attorneys. They think we’re trying to subvert justice and that we look for technicalities to set guilty people free. Nothing could be further from the truth. Our job is to uphold the constitution by holding the government to their burden of proof. Keeping innocent people out of prison is some of the most important work any lawyer can do. I’ve come a long way from being that college boy in traffic court. I have a wife and 5-year-old daughter now, whom I adore. I also do a lot more cycling, despite having a far busier schedule than any undergraduate could imagine. The music I listen to has since been labeled “classic rock” by the radio stations, but I still play the Eagles on the way to work.
FINDING MY CALLING
My Roundabout Journey to Criminal Defense
My first win in court came well before I passed the bar. I’d received a traffic ticket while in college and decided I was going to fight it myself. I had no legal training, since I was pursuing a degree in wildlife management, but that didn’t stop me from fighting for my rights. Whether the judge was amused or impressed by an undergraduate cross-examining a trained police officer, I couldn’t tell. What matters is that he sided with me in the end and dismissed the case. Walking out of that courtroom, I knew I had found my calling. In December of 1982, I graduated fromTexas Tech University School of Law and passed the bar the following May. It quickly became clearmy passionwas in criminal law. Much like that first experience as an undergrad, I found it extremely rewarding to argue in a trial setting. Of course, I began on the other side of the bench. For eight years, I served as an assistant district attorney. It was my job to prosecute those accused of breaking the law, and I enjoyed it. Or at least, I thought I did. Sure, I got to use my talent for debate and cross-examination to serve the state. But, as a young prosecutor, there was a lot I didn’t understand about the other side. I didn’t see how difficult defendants had it until I stepped into the shoes of a defense attorney. I had not realized just how predisposed juries are to see the accused as guilty. Defending clients was far more of a challenge than I anticipated, yet I’ve stuck with it for 26 years running. While it may be harder to prove someone innocent than it is to convict them, it’s also far more rewarding.
Despite the changes, that spark I felt when standing up for my rights all those years ago is still with me. It’s the same passion for justice that led me to become a criminal defense lawyer in the first place and the driving force behind the creation of this firm. My associates and I look forward to putting that passion to work for you. – Gary L. Medlin, Esq.
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GARDENING: BRINGING FAMILY TOGETHER
Why You Should Consider Investing in a Family Garden
COLLABORATION Gardening gives your family a chance to collaborate. When you’re stuck inside for long periods, you may be spending time together, but it’s usually not quality time. Working in a group to create and maintain a garden is a hands-on experience for everyone. It’s a chance to get the whole family involved with a single project, and you can literally share the fruits of your labor. DECIDING ON PLANTS When it comes to deciding which plants you want in your garden, there are many variables to consider. Do you want to grow edible plants, ones that have magnificent blossoms, or ones that are easy to care for? Flowers are a good start if you want a plant that grows a little faster; plus, they lend a pop of color to your garden. Growing vegetables is also rewarding, as the kids will take great pleasure in eating what they’ve grown. Other possibilities include sunflowers, blackberries, peas, and lettuce. You might be surprised at how willingly children eat their greens when they’ve had a hand in growing them.
A fter spending a winter cooped up inside with your family, there might be a little tension between everyone. Fortunately, it’s spring, and the warm weather, melting snow, and blooming flowers offer a good way to ease restlessness. This season, why not bring your family closer together by starting a family garden? A LEARNING EXPERIENCE Nearly every step in the gardening process can be a learning experience for kids and parents alike. Begin by discussing where you should start and why, what supplies you’ll need, and the types of plants you wan t to grow. Gardening also offers opportunities to learn about science, ecology, and nutrition.
Family gardens can bring something new and fresh to your home. So, get outside, enjoy the sun, and discover the joys of plants and gardening.
MOTION FOR NONDISCLOSURE Free Report You do not have to live with a DWI or other misdemeanor on your record, which is available to the public, prospective employers, and others.
or record of probation, deferred adjudication or not, to be sealed from public view and not disclosed in a background check. There is a limitation in that law enforcement maintains the record and can use it against you if you get in trouble again in the future. Also, if you apply for certain state licensing or governmental jobs, the record may be disclosed to the applicable governmental agency. The motion must be filed in the court where the conviction or probation occurred. There are court costs which must be paid to file the motion, which can range from about $275–$400. There are many requirements and legal technicalities which must be met, so it is important to hire a firm. The Medlin Law Firm has the expertise and knowledge to file your motion and have it swiftly and successfully granted. We offer a money-back guarantee if we cannot get your motion granted. We charge a very reasonable and fair fee to file and get your motion granted; if we are not successful, we will even refund our attorney’s fees. The court costs, however, cannot be refunded. Use the link on our webpage to complete your information and request help with sealing your record. Or call The Medlin Law Firm today at 817-900-6000.
A new law went into effect in Texas in September 2017 allowing you, with certain exceptions, to seal first-time DWI and other misdemeanor convictions and probation records from public view. This allows you to legally say the arrest and conviction never happened. And when prospective employers and others do a background check, the arrest and conviction or probation record will not show up on your record. Imagine how dramatically this can improve your future. You won’t be at a disadvantage in your search for jobs or advancement in your work when compared to others with no criminal history. You won’t be prevented from coaching, working with children, volunteering at your kid’s schools, or so many other things you may want to be involved in. All this time, you thought you would forever be saddled with this one blemish on your otherwise clean record. Now, within months, your clean record can be restored. This can be accomplished through the filing of a Motion for Nondisclosure, sometimes called a Motion to Seal. The granting of this motion will cause the records of your prior arrest and conviction
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YES, YOU CAN FIGHT THAT DWI
And You Should
Under the wrong circumstances, any Texas driver can be charged with driving while intoxicated (DWI), whether they are guilty or not. These charges have severe short-term and long-term consequences that can easily change your life for the worse. Many defendants choose not to fight these criminal charges. But they should. DON’T BELIEVE THE BREATHALYZER Perhaps one of the main reasons so many people are fatalistic about their DWI charge is that they agreed to a Breathalyzer test and were “proven” to be over the legal limit. In truth, your case is far from closed. There are many factors that can affect the accuracy of these tests, including time. It takes 20 minutes to two hours for alcohol to enter your bloodstream and register on the test. This means it is possible, even likely, that you were below the legal limit at the time you were pulled over. The longer you had to wait for the test,
the harder it is for the prosecution to prove you were, in fact, intoxicated after being pulled over.
PROCEDURE MATTERS Regardless of your innocence, you are always entitled to your constitutional rights. Sometimes, law enforcement officials make mistakes or cut corners, violating your rights and rendering any subsequent DWI charge invalid. For example, an officer can’t pull you over on a mere hunch alone. They need to show they had a valid reason for doing so. The same goes for asking you to step out of your vehicle. These aren’t technicalities or “get out of jail free” cards. Law enforcement is bound to uphold the rights of all of our citizens and needs to be held accountable when infractions occur. An experienced Texas DWI attorney will help you understand these rights and ensure you were treated ethically during and after your stop. If you have been charged with a DWI, please give us a call. Defending against a DWI charge is one of the most technical areas of criminal defense law there is. Thankfully, The Medlin Law Firm has decades of experience with these cases.
PASTA With
Have a Laugh
Turkey and Broccoli
Ingredients
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3/4 pound pasta (shells or orecchiette)
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2 cups broccoli florets
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3 tablespoons olive oil
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1 pound ground turkey
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Salt
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2 cloves garlic, chopped
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Parmesan cheese
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1/2 teaspoon crushed red pepper
Directions
1. Cook the pasta according to package directions. Add broccoli when pasta is 1 minute from done. Drain both and return to pot. 2. Heat 1 tablespoon olive oil in a skillet over medium-high heat. Add the turkey, garlic, crushed red pepper, and a pinch of salt. Cook while breaking up meat with a wooden spoon for 3–5 minutes. 3. Combine turkey with pasta and broccoli mixture, adding the remaining olive oil as you stir. Serve in bowls topped with Parmesan cheese.
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INSIDE THIS ISSUE
1.
Gary’s First Win
2. Gardening: Bringing Family Together Motion for Nondisclosure
3. What Anyone ChargedWith a DWI Needs to Know PastaWith Turkey and Broccoli
4. Why You Should Consider a Media Detox
DO YOU NEED A MEDIA DETOX? The Dangers of Overstimulation
With the current trend of getting TV, social media, and news alerts sent to our phones, we have access to more media than we could ever consume. While constant connectivity is a boon for many aspects of our
“In the same way we think about what we eat, we should think about what we read, what we’re seeing, what we’re engaging in, and what we’re interacting with every day,” Emma Watson told CNN in an interview about her selective social media use. If you’re not mindful of your media consumption and participation, it tends to pile up. When you detox, it’s a lot easier to identify which parts of your media diet are essential and which are only a burden. Another benefit of a media detox is that you’ll have more time to pursue new and dormant hobbies. Because most of us consume media in small chunks throughout the day, it’s easy to overlook how much that time adds up. All those hours you spend on Facebook could be used to start a garden, knit a quilt, or join a soccer league. Unless you have an unlimited supply of leisure time (and who does?), you need to be selective in the way you spend it. Remember, media isn’t the cause of all your ills. Used mindfully, it can actually increase happiness and satisfaction. The problem is that we are so mired in the media muck that we can’t get a perspective on how much is too much. A detox will allow you to reassess the media you’re consuming and build a better plan for the future. You can still keep up with your grandkids on Facebook, but it shouldn’t be the only way you interact with the world.
lives, researchers are discovering that too much stimulation is cause for concern. One study in the Journal of Social and Clinical Psychology found that too much social comparison, spurred by the likes of Facebook and cable news, can lead to an increased risk of depression. If you find yourself pressured to live up to the public lives of friends and family, or if you feel like you’re being bombarded with too much news and entertainment, consider a media detox. A detox doesn’t require you to unsubscribe from social media services or unplug your TV forever. Instead, think of it as a vacation from the overstimulation so many of us experience. Ask yourself which aspects of your media diet are causing more stress than they’re worth, and take a break from them for a little while.
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