Medlin Law Firm - March 2025

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The Medlin News

MARCH 2025

THE LUCK OF THE PREPARED Make Your Own Good Fortune This St. Patrick’s Day

I am part Irish and enjoy celebrating all things Irish around St. Paddy’s Day every year. I would love to go to Ireland and kiss the Blarney Stone (which supposedly imparts the gift of “the gab”). It’s not that I believe so much in luck, but it’s fun to participate in the festivities. People who watch our courtroom successes often say we must be benefiting from good luck. Last year, we tried and won more cases in Tarrant County than all other law firms combined. That might look like luck, but it is really the result of hard work. We did a lot of hard work and preparation to achieve that track record. I believe people make their own luck through preparation and opportunity. Because we have done all the hard work required to be thoroughly prepared, we are ready to seize opportunities when they arise and get good results. Preparing means engaging in ongoing legal education, training, and study. We attend seminars to keep up with the science of blood and breath testing. We stay abreast of constant changes in the law and new interpretations by the courts. In addition to the trial court level, Texas has 14 appellate courts all over the state; the Texas Court of Criminal Appeals is above that, and, of course, the U.S. Supreme Court is at the highest level. We must stay abreast of new rulings in any of these courts because they might result in changes we can use to our clients’ advantage. Preparing well requires thoroughly investigating each case. We may need to request or subpoena records and evidence to make sure we have all the materials the prosecutor has. Before the case comes up for trial, we need to thoroughly review all the evidence and know

what the testimony of each witness will be. We need to think through what our cross-examination will entail and what legal arguments we will make. If the case shifts toward settlement negotiations with the prosecutor, we must be prepared to convince the state of weaknesses in their case, their witnesses, or their evidence. Add up all these elements — thorough preparation and study of all aspects of every case, taking seminars, keeping up with scientific advances in testing, and knowing the law and changes in the law — and you have the kind of thorough preparation we do for every single client. As a result, we are always the most prepared side of the courtroom. We know each case better than the prosecutor knows it. We are poised to seize opportunities at trial, make winning arguments, and capitalize on every chance to win. So, as we all wear green and celebrate St. Patrick’s Day this month, consider making some good luck for yourself. Study your area of work and expertise deeply. Read books. Think through what you want to achieve in work or life, and write your goals on a card to keep by your bedside to review and meditate on daily. Go the extra mile to make sure you are prepared for whatever comes! These steps will help you stay motivated and positive in your thinking — and be well-prepared to make your own luck! – Gary L. Medlin, Esq.

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4 TIPS EVERY PARENT SHOULD FOLLOW Praising your child has always been a “tricky” area of parenting. You want to raise your child to be a confident human being while also embodying what it means to be humble and appreciative. So, how do you stay within the bounds of instilling self-assurance without going overboard? While every child is different, several parenting approaches allow you to praise your child’s efforts without enabling arrogance. game-winning catch, avoid prefacing the statement with “Even though you didn’t cut the grass like I asked …” This can be considered the equivalent of a backhanded compliment, and no one responds well to those. RAISE CONFIDENT KIDS

Recognize your child’s effort in addition to their accomplishment.

Align the level of praise with the accomplishment.

As parents, it’s easy to praise your child’s accomplishments without acknowledging all their hard work to achieve them. Suppose your child won first place in their school’s spelling bee. Instead of praising them for being the best, acknowledge how all their studying paid off. Express confidence in their ability to achieve success. Let your child know you’re not only proud of them but also that you know they can achieve their goals. This praise sets the stage for your child to share future goals — for example, making the basketball or cheerleading team. Avoid foreshadowing praise with negativity. This may be difficult for some parents, especially if they’ve had repeated obedience issues. If you’re proud of your child’s

In other words, don’t overdo it. Parents are their children’s biggest cheerleaders, so it can be challenging to tame your emotions when they win or overcome a fear.

This is, of course, at your discretion, but it’s something to be mindful of. Does winning the season’s first game warrant a big backyard party with all the bells and whistles? Everyone’s parenting styles differ, but instilling values such as believing in oneself, empathy, gratitude, and determination are qualities any parent can nurture in their children for the betterment of themselves and those around them.

against themselves by trying to talk their way out of trouble. Officers are allowed to give defendants false information, making this even more confusing. For example, admitting during a DWI arrest that you have been drinking is a common mistake. The best path is to defer any probing questions by politely stating your wish to remain silent until you have consulted with your attorney. Consenting to a Search An arresting officer may ask to search your belongings, vehicle, or home. You have the right to refuse. If you are unsure what to do, ask the officer if they have a warrant or probable cause to conduct the search and what they are looking for. If you give consent, any evidence found can be used against you in court. But if you do not give permission, anything the officer finds may be inadmissible in a trial. Giving False Information The stress and anxiety of being arrested can cause a person to try to hide the truth. But lying to an arresting officer undermines your chances of acquittal. You seriously damage your credibility as a witness on your own behalf. You hurt your chances of having the charges dismissed. You may also be hit with additional charges for trying to mislead a police officer. A far better path is to stick to the truth and, when appropriate, remain silent. If you are facing criminal charges, don’t make the final mistake of failing to hire an attorney. Contact us today for a consultation to ensure that your rights are protected!

Nobody wants to be arrested. The experience can rattle people so severely that they make thoughtless mistakes that worsen their problems. Here are four examples of things to never do if you’re being arrested, no matter how scared you are. Resisting Arrest Some people react to an arrest with violence or verbal abuse of the police officer. The officer is only doing their job, and any effort to resist will fail and may bring more charges on your head. Even if you believe the charges are wrong, comply calmly. You will have a chance to defend yourself later. Incriminating Yourself If you are arrested, you have the right to remain silent. Under the pressure of an arrest, some defendants unwittingly give evidence Arrested? Avoid These Common Mistakes

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Beating DWI Charges Demands an Expert Defense DON’T LEAVE IT TO CHANCE

A conviction on a DWI charge can change your life. You can be hit with hefty fines, lose your license or job, or even be sentenced to prison.

We represented a client who was stopped for a traffic violation and admitted to the officer that he had had a few drinks. He performed fairly well on a field sobriety test of his coordination and balance, but a breath test delivered a 0.14 reading. In Texas, anyone with a BAC of 0.08 or higher is considered intoxicated. The facts on their face looked bad. But careful preparation for trial enabled us to show the jury that the breath-testing machine used in our client’s case was notoriously inaccurate, and our client was found “not guilty.” While prosecutors argued that the machines are usually right, a skilled attorney can rightfully show that no amount of uncertainty in such a case is warranted. Defendants must be proven guilty, not just suspected of being guilty.

No one should face those penalties based on shaky evidence. Yet DWI charges often rest at least partly on the results of breath tests that are notorious for producing false results. Police in the field often conduct roadside breath tests with handheld devices that are not always accurate. These breath analyzers, or breathalyzers, measure alcohol in the air a person exhales and estimate their blood alcohol content (BAC). Suspects arrested and taken to the police station are often asked to blow into a larger breath-testing machine, which can generate false positives. Many factors can impair the accuracy of a breathalyzer test, including other compounds in the breath, the temperature, the person’s health, and human error. Diabetics may exhale ketone derivatives or acetone that a breathalyzer reads as alcohol. Smokers may breathe out chemicals that can be misread as alcohol. If you work stripping furniture or painting, you may also exhale substances that lead to a false positive.

We stay abreast of scientific breath and blood testing data to defend our clients. We have secured good outcomes for clients with blood alcohol numbers as high as 0.33. Call us today if you or someone you care about is worried about a DWI citation. We will gladly provide a free consultation and develop a legal strategy for protecting your freedoms.

Not Your Mom’s Corned Beef and Cabbage

Ingredients

Directions

• 1 (4 lb) corned beef brisket with spice packet • 3 qts water • 1 onion, quartered • 3 carrots, cut into large chunks • 3 celery stalks, cut into 2-inch pieces

1. In a large pot or Dutch oven over medium-high heat, combine corned beef, spice packet contents, water, onions, carrots, celery, and salt. Bring to a simmer (skimming off any foam on top). 2. Cover pot, reduce to low heat, and let simmer for 3 hours until meat is fork tender. 3. Add potatoes to the pot and let simmer uncovered for 30 minutes or until potatoes are al dente. 4. Add cabbage along the edges of the meat and on top. Cover and let simmer until cabbage is tender, 20–30 minutes. 5. Place meat on a cutting board and let rest for 10–15 minutes. After meat has cooled, slice against the grain. 6. Add to a large serving bowl, ladle vegetables and broth over top, and serve.

For resources, practice areas, and more, scan the QR code to visit our website, MedlinFirm.com.

• 1 tsp salt • 2 lbs red

potatoes, halved • 1 small head of

cabbage, cut into eighths

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Inspired by AllRecipes.com

1300 South University Drive Suite 318 Fort Worth, TX 76107 682-499-9222 www.MedlinFirm.com

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INSIDE THIS ISSUE

1. Make Your Own Luck: The Power of Hard Work and Preparation

2. Build a Positive Self-Image in Your Kids

Mistakes to Avoid During an Arrest

3. Avoid a DWI Conviction on Flawed Test Results

Not Your Mom’s Corned Beef and Cabbage

4. Engage Your Kids With Fun Gardening Projects

HOW TO MAKE GARDENING A FAMILY ADVENTURE Green Thumbs in Training

There’s nothing better than spending time with your kids outside, enjoying an entertaining, creative, and informative activity. But sometimes, these activities are hard to coordinate. Thankfully, gardening appeals to parents and kids from all walks of life. All you need is a dedicated area in your yard or patio and seeds, and you’re ready to get started. Let your kids choose the plants. This is arguably the most crucial part of igniting your children’s interest in gardening. If you pick out the fruits, veggies, and flowers you want to grow and invite your kids to help plant, water, and pick, they may lose interest quickly. Instead, include them in the process from the get-go. Take them to the store and

let them pick out seeds or plants. Encourage them to choose produce they already enjoy eating, making it even more fun for them! Just be sure their choices can grow in your area during the current season. Make space and plant together. After choosing your seeds, you must ensure your garden is ready to sustain life. Dedicate a section of your lawn or patio to your gardening efforts and start laying soil or filling your planters. Help your children transplant their seeds or young plants directly into the area. Now, put them in charge of caring for the plants by checking on and watering them. You may want to follow behind to ensure they aren’t over or under-watering.

Make it fun and informative! You can get your kids more involved by encouraging them to research their plants and track their growth. They can even look online to see how their plants should be developing. Soon enough, those fruits and vegetables will be ready to eat, and you should let your children pick anything ripe when possible. Seeing the fruits of their labor (literally) will make this experience even more enlightening and enjoyable for them.

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