Teams fire up grills for Chamber Barbecue Cook-off | Amarillo Globe-News

Teams fire up grills for Chamber Barbecue Cook-off | Amarillo Globe-News

Good Times Bar-B-Que

Hey come out this Wednesday (sponsor night) and Thursday (general admission) to the Good Times Chamber of Commerce Cook off in downtown Amarillo. We have a booth as we have for many years. I invite you to come say hello and eat some really great food and drinks.  Look forward to seeing ya'll there.

Lesser Included Plea on Original Murder Charge

I was able with some hard work and diligence from myself, the A.D.A. and District Attorney for Potter County to save the tax payers of Potter County a ton of money. My client was Indicted for first degree murder. After a careful analysis of the facts, evidence and the situation all parties, on the eve of trial a plea agreement was struck wherein my client entered guilty plea to second degree manslaughter and received 10 years deferred adjudication. This agreement was beneficial to all parties and had the blessings of the victim's family.   The point of this post is that when the justices system is used correctly it benefits all involved.

Lawyers must have time to prepare for trial or bad things happen.

In a recent C.P.S. case, No.07-11-00511-CV, In The Interest of B.W.F., a child the 7th Court of Appeals rejected our argument that a court appointed attorney appointed to represent a parent should have the required 45 day time period set forth in Rule 245 Tex. R. Civ. P. before being forced to trial. The dissent by Justice Pirtle, agreed that by not complying with Rule 245 the trial court violated our client's 14th amendment rights of due process of law. The dissent also found serious flaws in the manner of notice to the parent. Interesting read. I recommend your read both opinions which I believe can be looked up on the 7th Court of Appeals web site and make up your own mind.  It is great to appoint counsel to represent someone who might lose his/her children, but to give said attorney only 14 days to prepare for trial is like giving someone a gun in  a duel, but not giving him a bullet to shoot.  The trial attorney for the terminated parent did a good job at the trial level.  I was very elated with the justices decisions in: In Re J.M. I thought we would make more progress here to prevent the procedural railroading that has been occurring in theses C.P.S. cases. It seems to me that the majority let the facts of the case interfere with their reasoning regarding a procedural argument.

Felons and Firearms

I just received a not guilty verdict in Potter County in a case where my client was accused of possession of a firearm. My client had a previous felony conviction. The law in Texas is basically that after five years a person with a felony conviction may possess a firearm in his home, but nowhere else after the lapse of five years from the date he was discharged from his sentence.  My client was accused of possessing a gun on his sisters property. However, there was no forensic evidence, or direct evidence connecting my client to the gun.  One witness testified she saw my client fire a weapon, but no one else or any evidence connected my client to the weapon. In fact the "eyewitness" never even testified she saw a weapon in my client's hand.  My client had previously plead guilty to a class A misdemeanor of firing a firearm inside the city limits related to the case, but when he did so he was unrepresented by an attorney and my client only had a 9th grade education. He did not even read the plea papers and entered his time served plea only to get out of jail and get back to work because he was too poor to bond out.

Two points I think are relevant other than the obvious acquittal:

1. Never ever sign or plea to a criminal case without an attorney.  If not for a very intelligent jury and some good trial work my client's prior plea could have sent him to prison for up to ten years. If you are charged with a crime let an experienced attorney do his job and make the State prove their case.

2. When it comes to firearms know the law. Know where you can possess a weapon and under what circumstances. 

My client and his family narrowly escaped a horrible experience. I was proud to protect his legal rights.

 Deepest condolences to the family of Jeff Tankersley for the tragic loss of Jeff over the weekend.  The Amarillo legal community lost a good man. 

All moved in enjoying the view of beautiful downtown Amarillo.  Would be great if someone would tear down the old Barfield Bldg. as it is an eyesore to downtown in my opinion. It is a shame that it was not renovated as planned great name for a building.

Move in Date Set

We will be practicing out of our new office next Tuesday May 29, 2012.  Chase Tower Suite 908 Amarillo, TX. 6th and Tyler. 

Reflections on Moving

After 12 years at the same location we are moving to the Chase Tower this week. It is both figuratively and literally an upward move as our offices will be on the 9th floor overlooking downtown Amarillo. I did not realize how long I have been practicing law until I started cleaning out my desk and book shelves. I assume I do not need the Advanced Family Law course book from 1996 or the 2002 Probate Code. I am also asserting the 3 year rule. If I have not looked at it or used it in the last three years, it is trash. This is also a time for reflection as it will be the first office in which my father has not been a part of the practice. The last and most important thing I learned is that used office furniture is virtually worthless. Have a great week.

Barfield Law Firm: Happy Valentines "I hit you cause I love You so mu...

Barfield Law Firm: Happy Valentines "I hit you cause I love You so mu...: Happy Valentines. I just tried a week long aggravated kidnapping case wherein my client faced a life sentence. You would think after going...

Happy Valentines "I hit you cause I love You so much."

Happy Valentines.

I just tried a week long aggravated kidnapping case wherein my client faced a life sentence. You would think after going on 20 years of practicing criminal defense and family law I would get used to seeing serious and violent abuse. I don't. 

My client a very intelligent, articulate, and gregarious man when sober, amassed a ten year history of violence and at times methamphetamine induced rage against almost every woman and child he came in contact with relationship wise, yet in almost every instance these women (at least 5 separate women) kept going back to my client again and again for more abuse until each one was eventually hospitalized at the hands of my client.

I honestly understand battered person's syndromes on an intellectual level. There is some scientific validity, but  in reality these syndromes were actually created in the early 70's by the clever criminal defense bar in attempting to defend women accused of murdering their spouses. But really on a common sense level I just do not get it. If you are being abused. GET OUT NOW!!!!!

Please stop making excuses for them. The most common excuses for accepting violence that I hear time after time: "well that is just him;  he loves me he just looses control when he drinks; I don't have the money."  Your spouse screaming at you, berating you, and eventually hitting you or your kids and then apologizing is not love.  If your significant other hits you out of anger that is not right. Get help immediately. The First time. They might change but only with professional help. You alone can't fix them because their issues are in all probability deep rooted in their psyche and they need professional help. If they refuse to get counseling then contact a good family lawyer and get yourself and your children out. We can help.

If you know or suspect someone is being abused, do not stand on the sidelines, get them help and get them out. In most cases in my practice a friend or relative is holding the hand of an abused spouse in my office. I take if from there and as a team we get these abuse women and children out. (men can be abused as well don't get me wrong but it is not as frequent).

If you have anger management and/or drug abuse issues get yourself some help now. It is not too late.

My client's life is basically over with a long prison sentence due to overwhelming evidence. His victims although thankfully alive have deep physical and emotional scars to deal with.  In addition my client's family members are also devastated.

Just some heartfelt advice from someone who cares about others.

Barfield Law Firm: Termination of Parental Rignts

Barfield Law Firm: Termination of Parental Rignts: In cause No.07-11-00339-CV, I filed an appeal for an indigent mother who had her parental rights terminated by the trial court. During the e...

Termination of Parental Rignts

In cause No.07-11-00339-CV, I filed an appeal for an indigent mother who had her parental rights terminated by the trial court. During the entire proceeding this women was never provided legal counsel even though the State knew she was indigent. The predictable result was that the termination trial was a mere formality and her parental rights were terminated. On appeal the 7th Court of Appeals Amarillo, TX  reversed the trial courts ruling and granted a new trial. This a a great ruling for the Constitutional rights of indigent people fighting to stop a termination of their parental rights without proper constitutional safeguards being in place. If you would like more information about this opinion shoot me an e-mail.

Legal Musings: Religion and Politics

Legal Musings: Religion and Politics: I recently read several articles in Liberty magazine regarding this issue which really got me thinking during this election year about relig...

Religion and Politics

I recently read several articles in Liberty magazine regarding this issue which really got me thinking during this election year about religion and politics. First, I am a christian and in fact the church to which I belong could be described as evangelical. However, it is imperative that we as citizens realize and understand that the framers of our constitution were very concerned about the separation of church and state. Thomas Jefferson stated in a letter to John Adams on January 11, 1817: "The result of our fifty or sixty years of religious reading in the four words 'Be just and good' is that in which all our inquiries must end. . . My answer was 'Say nothing of my religion. It is know to my God and myself alone. Its evidence before the world is to be sought in my life; if that has been honest and dutiful to society, the religion which has regulated it cannot be a bad one." 

The point I am trying to make is that we should elect our politicians based on their platforms which will most help our country, not on who can "out christian" the other. There is nothing wrong supporting a candidate who professes to be a Christian. However, look closely at that individuals actual behavior and say to yourself: Do their actions jibe with their talk? In particular, one candidates actions in the GOP race certainly do not. I will leave it to you to figure it out. A hint, he isn't a Mormon and not from Texas or Pennsylvania. If you see hypocrisy regarding this fundamental issue then maybe this person is not the type of person who you can trust with other issues as well. 

Lastly, we are a county made up of a variety of faiths. Whether you agree with those beliefs or not is irrelevant. I would not want to live under Islamic law, or under any other type of theocracy. Nor did the founding father's.

Legal Musings: Crime and Citizenship

Legal Musings: Crime and Citizenship: I just went to court today with two gentlemen of whom neither was a U.S. Citizen. These cases can be stressful and time consuming with a l...

Crime and Citizenship

I just went to court today with two gentlemen of whom neither was a U.S. Citizen. These cases can be stressful and time consuming with a lot of potential legal pitfalls for the unwary. In the cases today, both men were accused of and were in fact guilty of committing very serious felony offenses. The proof was in the videos (yes they both videoed their crimes for posterity, "where's your sign" moments indeed).

As a client make sure your lawyer answers all your questions fully and completely.  As the attorney spend a lot of time going over every aspect of the case.  Do not assume your client understands what you are telling them or how our legal system works.  Make sure your client is advised of their right to speak to their consulate and how a plea of  guilty will  adversely affect their citizenship. Also, if you are not a qualified immigration attorney make sure you advise your client to consult an immigration attorney, before you go into the courtroom. As a client it is your responsibility to speak to the immigration attorney and your consulate. Just doing these simple things will go a long way to a successful resolution to the case.  Lastly, if there is any hint of a language or communication problem go over all aspects of the case with a qualified interpreter. If you hear a rattle there is probably a snake waiting to bite you. Don't let it.

Baby Daddy v. Baby Mommy

A major issue that seems to be popping up more and more frequently in my practice is a situation where a child born out of wedlock and the parents do not think or bother to get legal orders determining the issues of paternity, conservatorship, possession and access, child support and health insurance for the child. This situation is a disaster waiting to happen. It is imperative that someone in this situation go to a qualified family law attorney and get into court to resolve all of these issues. If the parties are getting along it is a relatively simply legal procedure for a family law attorney. Once things fall apart, the legal fees go up and you might be facing a "tug of war" with a child, thousands of dollars in back child support issues and for sure a lot of unnecessary stress. Most people don't think twice about purchasing a new computer or television for a couple of thousand dollars, but for some reason  a lot of folks balk when it comes to paying an attorney to take care of a necessary legal procedure to benefit their child.  Be proactive not reactive in your life. Sitting around saying things are going fine now and being afraid to "rock the boat" may seem fine, but sooner or later that boat is probably going to sink. Put off taking a weekend trip or buying that new flat screen and protect you and your child. You will be glad you did.

Legal Musings: Political season

Legal Musings: Political season: I truly think that each and every American needs to reflect long and hard about our country. In this election year we each have to ask ourse...

Political season

I truly think that each and every American needs to reflect long and hard about our country. In this election year we each have to ask ourselves: What direction does my country need to go and how can I help? The answer in my opinion is to be involved in the election process. Read, watch and listen to the answers and statements politicians are making. Is it just rhetoric, pandering, or is it substance? Don't be selfish in your choice. Be thoughtful in your choices and for goodness sakes avoid straight ticket voting. I am really interested in other thoughts on this issue which will be with us until November.