Shane Phelps | Bryan Criminal Lawyer | Texas

I handled a case recently that went to the Court of Criminal Appeals, Texas's highest criminal court, and changed the law in Texas regarding searches by police officers of cell phones of arrested citizens. The case is State v. Granville. A 17-year old high school student was arrested and jailed in Walker County (Huntsville) for a class C misdemeanor for disrupting school transportation. A police officer working at his high school heard rumors that my client had taken a photograph of another student in the bathroom at a urinal. This is a felony in Texas. The officer investigated and then went to the jail, took my client's cell phone out of his jail property, powered it up, and then went through the cell phone's contents until he found the photo he was looking for. The issue on appeal was whether the officer should have obtained a search warrant before seizing and searching the cell phone. The Court of Appeals in Amarillo affirmed the trial court's granting of the motion to suppress. The State then appealed to the Texas Court of Criminal Appeals. I argued the case before a special session of the Court last year and the opinion was handed down earlier this year. The Court ruled 8-1 that the officer should have obtained a warrant. This has been one of the most talked about opinions in Texas over the past six months. The U.S. Supreme Court, about two months later, addressed similar issues in two cases this year and reached the same result.

My practice has been growing significantly since I left the Brazos County District Attorney's Office in 2011. I had a strong reputation as a prosecutor and trial attorney when I left which led to many word of mouth referrals. Since leaving, I have had numerous court victories and word has continued to spread. I work very hard on each case I handle and it shows in the results I achieve for my clients. One of my strengths is my approach to handling my clients. I am very accessible to my clients and often meet on weekends and after hours to accommodate their schedules. I return calls quickly and keep them in the loop on developments in their cases. I have actively courted the student population here in Brazos County (about 60,000) and pride myself in working very hard to help students who make bad judgment calls and mistakes preserve their futures. As a result of my "hands-on" approach to my clients, I get many referrals from satisfied clients.

Clients should look for lawyers with trial experience, expertise in criminal law, and strong reviews from former clients. I encourage prospective clients to shop around and talk to several attorneys before deciding whom to hire. I even give names of other good lawyers in town for them to call also. I encourage prospective clients to look for attorneys who are board certified. I have been board certified for more than 20 years in criminal law. Finally, I tell prospective clients to hire an experienced and qualified attorney whom they are comfortable with. I am proud to say that most clients who contact me, hire me.

Local knowledge of the judges and prosecutors in our jurisdiction (and surrounding jurisdictions; I handle cases all over Texas) is critically important to the successful disposition of a case. Talking to the wrong prosecutor at the wrong time can doom a defense case. I know all of the local prosecutors and judges and am very careful about who I talk to and under what circumstances. I have managed to obtain many reductions and dismissals by knowing what to say to whom and when.

I have my cell phone number on my business card and my website and answer calls from clients and prospective clients during the day, after hours, and on weekends. I will spend as much time on the phone answering questions and asking the right questions as is necessary to give the best advice I can to a client. I often am speaking to a parent who is still in shock from the call they received from a child who has just been arrested and I think it is important to take my time in answering all of their questions. I find that people assume the worst and can often provide some reassurance that the case can be resolved with a minimum of damage to a client's future. Even if I am not hired, I enjoy helping people understand the system and the potential outcomes.

It is helpful to hear a brief summary of an arrest and also of a person's background when speaking with a prospective client on the phone. If they have any criminal history, I need to know about that. If they have received any notice to appear in court, either on the main offense or on any minor citations they may have received, it is helpful to know about that as well. Usually when someone is arrested, they are magistrate and given a form that lists the exact charge. They should have that document and any other document on hand. In DWI cases, I need to know if there was a refusal and a search warrant was obtained for blood. If they consented and gave a breath sample, it is helpful to know the results, if they know. In DWI cases, the prospective should have been given a DIC 24 (the Statutory Warning about giving a blood or breath sample) and a DIC 25 (a temporary driving permit if their license was seized). They should have those documents on hand as well. They should know that they have 15 days in Texas from the date of the arrest to request an ALR (license revocation) hearing to prevent the suspension of their license.

What sets me apart from other attorneys in town is my experience and my commitment to be accessible to my clients 24/7. Before I entered private practice, I was the first assistant district attorney for Brazos County for 10 years. I have also served as the chief special prosecutor for the Texas Attorney General's Office and Deputy attorney general for criminal justice for Texas. I have tried nearly 150 jury trials, from class C misdemeanors to death penalty cases. I am board certified in criminal law and seek out extensive continuing education in criminal law, especially DWI's. I am often asked to lecture to other attorneys and police officers on trial advocacy and search and seizure law.

I am fortunate to have the opportunity to make many calls to my clients delivering good news. Making these calls is the best part of my practice. Calling clients or their parents to let them know I have secured a dismissal of their case or a reduction from a felony to a misdemeanor is tremendously rewarding. Criminal defense attorneys can make a huge difference to people accused of committing crimes who are facing an uncertain future. Helping them to minimize the damage to their futures and give them control of their lives back is the best part of my practice.

• Texas Criminal Defense Lawyers Association, National Association of Criminal Defense Lawyers

• Board Certified in Criminal Law by the Texas Board of Legal Specialization

• The Decision to Seek Death
  The Texas Prosecutor, 2003
  
  This article appeared in the Texas Prosecutor in 2003, a publication of the Texas District and County Attorneys Association. The article proposed a framework for the careful consideration by prosecutors of the decision to seek the death penalty in capital cases.

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