A recent review for The Law Office of Shane Phelps, P.C.:
"Shane Phelps was a ray of hope to my family at a time when our options appeared limited and the likelihood of a satisfactory resolution seemed almost impossible. Not only was he able to protect us from an unjust accusation, his calm and empathetic demeanor offered emotional support to myself and those I care about most. My daughter and I are eternally grateful for his service and I hereby recommend Shane Phelps without reservation." - Cathy K.
I get personally invested in my clients and work hard to get the best results. It's nice to hear positive feedback about how our efforts have helped someone get past what is likely the worst moment in his or her life.
If we can help, give us a call.
MESSENGER
The Law Office of Shane Phelps, P.C. updated their info in the about section.
This was a nice way to end the week. I have been rated AV-Preeminent by Martindale-Hubbell, one of the most prestigious and long-standing rating services for attorneys. AV-Preeminent is Martindale-Hubbell's highest rating and is based upon reviews and evaluations by other attorneys who know me and my practice. My thanks to all of them.
Today I received my admission certificate to the bar of the United States Supreme Court. I am honored to be admitted to practice before the highest court in the land. I want to thank my two friends, Stanley Schneider and David Schulman, for sponsoring my application and moving the Court to admit me.
Shane Phelps
December 15, 2019 at 10:37 AM ·
I have the best co-workers, as evidenced by this awesome gift my colleagues at The Law Office of Shane Phelps, P.C. gave to Jean and me at last night's office Christmas party. They commissioned an artist in England to draw this rendering of my law office. It's amazing and I cannot say enough about the wonderful co-workers who made this happen. If you look close, you can even see cat paw prints in the sidewalk and Catticus, the cat who left them, on the porch. Jean and I hope that you are similarly blessed to work with such amazing people. Merry Christmas.
One of the hardest things about being a criminal defense attorney is when your client's future depends on your ability as an attorney and your willingness to be relentless in search of the best result.
I began a jury trial in misdemeanor court yesterday in which a wonderful young man was accused of driving while intoxicated. The night he was arrested was the same day he graduated from Texas A&M and was commissioned a second lieutenant in the United States Air Force. His dream, for as long as he could remember, was to fly fighter jets in defense of his country. This DWI arrest threatened that future. In his case, he should not have been arrested at all and all my attempts to negotiate a satisfactory resolution for this young man fell on deaf ears in our county attorney's office. The case was dismissed last summer when the State announced ready and then asked for a continuance the day before trial. While I usually agree to reasonable requests for continuances from the State (and expect reciprocal courtesy when I need one), this case was different. I objected, the judge denied the continuance and the State dismissed the case. My client's training as a fighter pilot was on hold until the case was resolved. Unfortunately, the State decided to immediately re-file the case and my client was again facing a DWI charge that threatened his Air Force career. We asked for a preferential setting to try the case and we started yesterday by picking a jury. We began today with the State presenting a skeletal case which pretty amply demonstrated, on cross-examination, that he should not have been arrested in the first place. The criminal justice system can be pretty harsh sometimes. Even innocent people are at risk of being convicted. But, the criminal justice system can also work as it should, fairly, when criminal defense attorneys are willing to fight to the end for their clients. The State was about to put on its DPS chemist to testify about a .138 blood result from an hour an a half after the arrest. The problem for the State was that there was virtually no evidence that my client was legally intoxicated at the time of driving. The blood result, the testimony of the arresting officer, and the near-perfect performance by my client on the field sobriety tests simply could not be reconciled. So, I moved to suppress the evidence on the basis that the officer lacked probable cause for the arrest. The judge, bless his judicial heart, did the right thing and suppressed the blood. The State was left with little else to put before the jury and just rested. I moved for a directed verdict of acquittal and the judge granted that also. My client was found not guilty. His arrest and the charges will now be expunged completely from his record and he can proceed to the next phase of flight training. He will go on to make his country proud without the albatross of a criminal conviction hanging around his neck (English literature allusion: from the Rime of the Ancient Mariner; sue me, I was an English major in college). My client, this awesome young Air Force lieutenant, deserved justice and he got it. These are the moments that make all the hard work, late nights, weekends in the office, and the stress worth it. Criminal defense work is the hardest work of my life, but also the most satisfying. I am so happy for this young man.
My good friend, former Chief of Police Chuck Fleeger, has retired after almost 40 years as a police officer to start a non-profit, the Amber Alert Network of the Brazos Valley. Chuck needs your help today on Giving Tuesday. This is an important non-profit that deserves your support. I would be grateful if you would consider donating.
https://www.brazosvalleygives.org/aanbvtx
BRAZOSVALLEYGIVES.ORG
Amber Alert Network Brazos Valley
https://www.brazosvalleygives.org/vfcbrazos
Today is Giving Day in Brazos County. I serve on the Board of Voices for Children, a non-profit that uses trained community volunteers to advocate for children in foster care in seven counties including Brazos County. Two years ago, we started an endowment foundation the purpose of which is to raise funds for an endowment that would, in perpetuity, provide a revenue stream for Voices for Children to help ease the constant, crushing pressure of raising the necessary funds to provide the vital service to foster children that Voices provides. The Foundation needs your support and I would be grateful if you would consider following this link and donating. The Law Office of Shane Phelps, P.C. is matching donations up to $1,500. Please consider supporting this wonderful and vital non-profit.
CASA of the Brazos Valley Foundation
There is no credible argument to support the idea that a prosecutor can work for a judge on a case while at the same time prosecuting the same case before the judge. It is hard to believe that any attorney or judge would countenance such an arrangement. The prosecutor involved here, and all of the judges who hired him to work on cases he was actively prosecuting, should be sanctioned by the Texas Bar and the Judicial Conduct Commission. The defendant sitting on death row who was put there by a prosecutor who was also working for the judge who presided over the death penalty trial should get a new trial. This is yet another case that demonstrates that our system is often susceptible to abuse that can deprive citizens of liberty and, in this case, even life. I think I am most disappointed in the defense lawyers quoted in this article who defended this practice. They are not serving their clients well by ignoring such abuse.
USATODAY.COM
Moonlighting prosecutor sent Texas man to death row; 17 years later, he could get a new trial
