Helpful Things to Know About Being a Coffey Firm Client

The A+ Goals of The Coffey Firm

1. Access.

Mimi responds to texts, emails and phone calls directly (her voice mail does ask that a text be sent for faster response, text “call me!”). Most of the Coffey Firm DWI attorneys also readily give out their cell phones. If you can’t reach them, just text Mimi. Every Coffey Firm attorney believes that availability to clients is one of the most important parts of the legal profession.

2. Anxiety.

We understand that this is a very stressful and scary time. The Coffey Firm is here to serve you. This means we know that sometimes you may ask questions which you feel are bothersome. No such thing! We may do it every day, but you do not. Please call or communicate with us. There is no such thing as a stupid question or calling too much. We may not always have the answers, but our job is to listen and help you through the process as much as possible. If you are not feeling some measure of security or access to questions, we are not doing it right! Communication and access are The Coffey Firm’s top priorities, outside of doing the best we can for your case.

3. Answers.

The most important thing to know about the Coffey Firm is that we care about you. We cannot give guarantees, as doing so would be dishonest and disingenuous. No one wants a false promise, or to be led by false hope. Mimi has practiced for over 25 years and has handled over 5,000 cases. She understands that an outcome depends on many factors. What we do promise to do is the best we can. In your case evaluation, she will listen intently, explore the possibilities available and advise you of your options with her professional analysis. Further, her board certification in DWI and over 300 jury trials gives her a solid foundation to strategize wisely. One of The Coffey Firm’s key goals to your situation is to get you back to your healthy normal (life before the arrest) as soon as possible.

Police Encounters: “Voluntary Encounters” – Where the Law and Common Sense Diverge

There is nothing “voluntary” about shining a bright flashlight in a person’s face. Nor is there anything “voluntary” about having an officer bombard them with question after question. Yet police, and district attorneys regularly claim that “voluntary encounters” occurred just because the officer never activated his overhead lights. On other occasions they claim “voluntary encounter” simply because a motorist rolled down his window when he saw the police approach his vehicle with a flashlight in an empty parking lot.

Is every police encounter a “stop”? What is legally required?

Distinguishing what is a legal “voluntary encounter” in a motion to suppress is critical because it can make the difference between a justified stop and one that is thrown out of court for violation of constitutionally protected rights. The idea of a “voluntary encounter” occurs when a citizen decides to approach a police officer. For example, this may be to ask for the time, directions or inquire about a traffic stop ahead. However, if during the course of the encounter the police form a reasonable suspicion that a crime may be occurring, they may prolong the interaction into a legal detention for investigation.

Reasonable suspicion exists when an objective person, given the relevant facts and circumstances of a particular situation, would believe that person engaged in behavior that is against the law. Or, in simpler terms, when a police officer points to specific reasons why they believed you were a threat or committed a crime. Examples of reasonable suspicion include: speeding, single- or multi-car accidents, hitting (but NOT bumping) a curb, stopping past a stop sign/light, and more. The arrest happens once and if there is probable cause.

Here is one Texas DWI example to illustrate this concept:

The uniform and badge itself is a show of authority in the eyes of most people. It is not rationale to drive away when a police officer is on foot approaching a vehicle, with flashlight in hand, whether or not the officer has his or her squad car lights on. This is a prime and often abused area of law where the common sense of people diverge from the twisted legal fictions many courts come up with to back a police officer up on their illegal stop. Mimi has spent over 25 years fighting motions to suppress in court to not just protect the individual client when these abuses occur, but preserve liberty for all Texas citizens.

In what world is having officers surround and shine lights in a person’s car a “voluntary encounter”? It is not. The law in Texas is up to judges and juries. Mimi continually fights such preposterous ransacking of our rights.

What are “voluntary encounters“?

It is the opposite of a “seizure” or “detention,” to be technical. In simpler terms, a “voluntary encounter” means a citizen is free to leave or otherwise ignore the officer. A “voluntary encounter” doesn’t trigger the 4th Amendment, meaning police don’t need reasonable suspicion to detain a person.

In practice; however, it gives the police an easy “out” if their sole, subjective intention is to discover some sort of crime. In other words, police like to use “voluntary encounters” to gather enough facts to support reasonable suspicion. For example, after the “voluntary” encounter, the officer might claim he or she smelled alcohol, thereby miraculously laying the groundwork for the reasonable suspicion detention aimed for.

Community Caretaking

Related to “voluntary” encounters, police also like to assert their “community caretaking” power. In technical terms, the police have the power to engage someone if that person reasonably appears to be in distress. While “distress” can indicate a medical emergency, it also applies to situations like distraught motorists. In simpler terms, it means that the police don’t need reasonable suspicion of a crime to approach an individual as long as the person reasonably appears to need help.

Courts look at 4 factors when determining the propriety of community caretaking:

1. The nature and level of the distress exhibited by the individual;
2. The location of the individual;
3. Whether the person had access to help independent of that offered by the officer;  and
4. To what extent the individual, if not assisted, presented a danger to himself or others.

What does this mean in simple terms?

In simpler terms, police must show why they believe the person needs help, where the person is, whether other people could provide help, and whether that person might be in danger or their situation harm others. None of the factors, alone, are enough, but when taken together they might collectively justify a community caretaking stop. That said, the first factor is still the heaviest factor.

Sounds reasonable, right? Well, just like with “voluntary” encounters, it makes sense on paper but, in practice, it can give police officers another way to initiate a criminal investigation without your 4th Amendment protections. The main thing to remember about community caretaking is that once the police determines that the person does not need help, they can no longer assert community caretaking. This means that if the police approach someone and the person does not appear to need help, they can’t prolong the encounter unless they have reasonable suspicion.

Police will try to claim both Community Caretaking and “Voluntary” Encounters

Be aware, in some situations may try to claim a “voluntary” encounter when their “community caretaking” claim fails.

When facing a traffic stop, it is important for people to know their rights. Those stopped should always be polite with police rather than argumentative. They must provide their driver’s license, insurance and registration. Further, a person must exit the vehicle upon request.  It is OUR job to attack the stop as improper or invalid in these type of situations. It is OUR job to defend our clients and protect their constitutional rights.

As Founding Father Patrick Henry said: “When your very existence is at stake, are you to speak the technical language of books, and to be confined to the limited rules of technical criticism? To those tricks and quirks–those little twists and twirls of low chicanery and sophistry, which are so beneficial to professional men?” The law was not meant to be created to deprive people of their liberties. Mimi believes in the power and common sense of people, just as Patrick Henry did.

A Texas DWI charge does not mean a person has no rights. Count on Mimi to fight to protect us all.

Mimi Coffey is Board Certified in DWI by the National College of DUI Defense. She is also the author of Texas DWI Defense: The Law and Practice.

About Mimi

Mimi is listed on several “best” directory listings such as DWI Lawyers for Wise County, DWI Lawyer Tarrant County, DWI Lawyer Dallas County, DWI Lawyer Collin County, DWI Lawyer in Johnson County and DWI Lawyer Parker County. Mimi is a caring DWI Lawyer in DFW. She is also involved in the Texas Tech School of Law foundation and enjoys using the skills she has developed to give back to the community.

North Texas Specialty Courts & other Specialty Courts: Veterans Court, First Responders Court, DWI courts, Drug Courts, Diversion Courts

For certain categories of people (Veterans, first responders, alcoholics) some charges may fall into a special category that affords special options that are not normally available to most citizens accused of a DWI. There are definite benefits to these courts for some people. For example, a DWI court may treat a probationer much different than on normal probation. This can be good and bad depending on the factors. There are definite reasons why a person should or should not go into a DWI court, as well as all the other specialty courts. Mimi will go over your case with you to help determine if a specialty court meets your needs.

The legislature has allotted funds for special courts for certain classifications of people. Due to the state funding, strict adherence to the program’s rules must be followed in terms of who qualifies for admission into these courts. We will go over these specialty courts with clients: what factors can influence their acceptance or rejection, as well as the requirements and reasons one may or may not choose to go into these specialty programs. For example, we have many Veterans who choose options that don’t involve Veterans Court, even if Veterans Court might be the better option in general. In other words, sometimes a specialty court might not suit a particular person’s needs. One should never consider any of these courts until it is established that the State can prove their case. Mimi Coffey conducts a full case evaluation first!

Types of Specialty Courts

There are some upsides to participating in one of the programs to make the program worthwhile, including a dismissal and sealing of the charge for some of these courts, not all. That said, each program has strict eligibility requirements and tends to be very selective. Just because a person might be eligible doesn’t mean the program will accept them. This is especially true depending on the results of a mental health or substance abuse evaluation. We help and guide clients through the whole process.

Here is one important point to remember: Not every county offers these programs.

Veterans Court

As the name implies, only Veterans or current military members are eligible for this program. Generally, the program further limits eligibility to those who have a brain injury or mental disorder (e.g., PTSD) if it arose during military service and impacted the conduct at issue in the case. However, the program has the discretion to allow Veterans without those issues if participation in the program will achieve the objective of public safety through rehabilitation.

Each county will handle Vet’s Court in their own way. But, the main objective of the program is to achieve public safety. To that end, the program may last between 11 to 24 months depending on the underlying criminal charge. Each member is closely supervised and must report their progress in court. In most cases, upon successfully completing the program, the underlying criminal charge is dismissed and expunged. In other words, Vet’s Court is a “pretrial diversion” program.

*Please note, for Collin County cases for example, there is NO legal benefit. The case does NOT result in a dismissal. We will go over all the pros and cons with clients in making this important decision.

Mental Health Court Programs

Similar to Vet’s Court, this program is limited to those with brain injury or mental disorder. Unlike Vet’s Court, this program is designed for the general public, though the programs themselves are mostly the same. The program can last between roughly 9 months to 2 years and requires extensive mental health and substance abuse supervision. Like Vet’s Court, upon successfully completing the program, the underlying conviction may be dismissed and possibly become eligible for expunction.

Drug Court Programs

This is a very broad “program” because it splits off into various different courts. Some programs focus on controlled substances, others focus on first-time drug offenders (of varying degrees), and some focus squarely on alcohol abuse and DWIs. That said, the main purpose of the Drug Court programs is to place subjects in what is essentially court-supervised rehab. Subjects must provide clean urine (and in some cases hair or other form of) test throughout the program. The program length can vary depending on the County’s rules for their drug courts, and depending on the individual program. Some programs dismiss the underlying charge and some will allow eligibility for nondisclosure (but not expunction). If the underlying charge is a DWI, however, it is NOT eligible for nondisclosure under a Drug Court Program.

Felony Alcohol Intervention Program (FAIP)

One example, in Tarrant County, of a Drug Court program is FAIP. This Tarrant County DWI program typically deals with high-risk repeat DWI offenders, which means felony DWI offenses. A DWI becomes a felony when it is a person’s 3rd or more DWI. In other words, the first two DWIs are misdemeanors. Anything after that is a felony. There is also an additional “step” called habitual offenders, but that is beyond the scope of this post.

This program is basically an intense treatment program that lasts for 4 years. The primary benefit to this program is that participants avoid prison. The downside is that you will go through a structured program that includes a 6-month or 1-year “hard” suspension (meaning no driving whatsoever), intensive supervision and monitoring, and weekly compliance hearings. Mimi ALWAYS recommends that our clients have a full case evaluation before making a final decision on whether FAIP suits their needs.

Public Safety Employees Treatment Court Program (“First Responders Court”)

Like many of the other programs above, First Responders Court serves as an alternative to a straight conviction or probation. The statute defines a “public safety employee” as a peace officer, firefighter, detention officer, county jailer, or emergency medical services employee of the state. This can include probation officers, nurses, and others depending on employment. After successful completion of the program, the court will dismiss the underlying charge. The statute does not mention an expunction or nondisclosure, but some Counties will also do one or the other for graduates of the program.

Other Specialty Courts

• Commercially Sexually Exploited Persons Court Program (“Prostitution Court“)
• Youthful Offenders Diversion
• First Offender Drug Program
• Domestic Violence Diversion
• Deferred Prosecution Program

*Know that this is partial listing. It is our job to know which courts or programs clients may benefit from. We discuss all this and more once we fully evaluate their case. Our mission is to get clients the best possible result.