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.