Law Office of Jillian Hawkins, PLLC

06/26/2021

It’s SATURDAY! It’s SUMMER! Make sure you find some time to get a little vitamin D in between that giant weekend to-do list! You’ll thank yourself for it next week.

06/25/2021

Happy Friday!

06/24/2021

Warrants: There’s not much you can do when a cop shows up at your door with a warrant. But for me, I get to unlock an entirely different set of skills in court to challenge a warrant. All warrants are not good warrants. All items found with a bad warrant or via means outside the scope of a warrant can potentially be thrown out of evidence. Who doesn’t love a feisty suppression hearing on a hot Thursday morning??? I know I do! 🙋🏾‍♀️

06/23/2021

You’re in 2nd grade. Your teacher walks up to you and says, “Jill, will you clean the chalkboard?” Your answer is a polite, “no, ma’am”. Your teacher then offers that if you do not clean the chalkboard, she will take away your recess time. So of course you agree, “yes ma’am I will clean the chalkboard!” Was that voluntary?!?! Not at all.

There are more ways than you think that can render a statement or consent “involuntary”. The police have more rules than you when it comes to what they can and cannot say. Just because you consented to a search does not automatically mean the evaluation is over.

06/22/2021

CONSENT: The easiest way for a cop to get all in your business. Consenting is not going to stop him from slapping those bracelets on your arms when he finds that pistol or those pills. So, if he has a REASON to search your car, let HIM be the one to have to defend that reason in front of a judge.

06/21/2021

Warrants, Consent, and Probable Cause are AT LEAST one semester’s worth of study in law school and require a LIFETIME of training as the laws surrounding these 3 “green lights” are constantly evolving. So what do YOU need to know? 1) don’t ever consent 2) it’s MY job to challenge the validity of a warrant, NOT yours 3) don’t ride around with (or smelling like) a reason for the cops to search your car. If that “reason” is in plain view, it’s going to be a long traffic stop.

06/08/2021

If they do…it’s an unreasonable search and seizure and anything found must be SUPPRESSED. Remember, the fight between you and the law happens in the courtroom, not on the street. Don’t consent to anything. Just let them do what they’re going to do then call me to fight for you later. 💪🏾

06/06/2021

Big changes are coming to Texas. H.B. 1927 has passed the House and Senate and is awaiting the governors signature. Like it or not, it is important to know what these changes mean.

06/01/2021

“Go in the strength you have…” Judges 6:14

This time 5 years ago I left a perfectly good paying job at the Harris County DAs Office to hang a shingle and start my law practice. My parents thought I was crazy and quite frankly so did I. I’d only been licensed 2 years, I wasn’t from Houston and didn’t go to school in Houston. The odds were against me. I don’t know about you but from time to time I get this nagging but quiet and persistent feeling in my spirit, and I’ve learned to just obey. Every step of the way God showed up and lit the path before me right on time. More importantly I am thankful that when I don’t listen to his voice he delivers me from my wrong turns and places me back on track. Through it all, I’m still here, still waking dead center in the middle of my calling just as he promised. I didn’t feel ready. It felt too soon, but I gathered what I had and obeyed. Because of that, all the credit and glory goes to God because Lord knows it wasn’t me. 🙌🏿

Don’t quiet that voice inside of you. Yes, it’s uncomfortable. Yes, it’s infuriating. But if you go with the strength that you have, you’ll discover that all of your needs will be supplied and the journey will be extraordinary.

Here’s to 5 years in business. And if it’s in his will, an even GREATER 5 more. 🙏🏾

06/01/2021

Thank you for your referrals, your business, your advice, or any other offering that has helped my practice reach this milestone! I am truly honored and humbled to be trusted with the cases that I handle and will continue to allow God to use me in whatever way he sees fit. 🙏🏾 Excited to see what the next 5 years bring!

05/23/2021

Professional, zealous, Criminal Defense (713)557-7708

05/22/2021

Despite all of the “factors” that the courts consider when setting bail, the fact remains: if you have the money, you can make bail, and if you don’t, you remain in jail. We need a better system.

05/21/2021

The cash bail system is one of the deepest money pits in our criminal justice system. Not only that, but the amounts set are extremely disproportionate among race and gender. The purpose of setting bail is SUPPOSED to be to ensure that the accused returns to court, NOT to ensure that the accused CANNOT get out of jail. Oppressive/excessive bail amounts are illegal and constitutionally impermissible.
While is making headway, we’ve still got a quite a way to go!

The cash bail system is one of the deepest money pits in our criminal justice system. Not only that, but the amounts set are extremely disproportionate among race and gender. The purpose of setting bail is SUPPOSED to be to ensure that the accused returns to court, NOT to ensure that the accused CANNOT get out of jail. Oppressive/excessive bail amounts are illegal and constitutionally impermissible. While is making headway, we’ve still got quite a way to go!

05/05/2021

Did you know that if cops pull you over and you have a ton of cash in the car, they can seize that cash if they “suspect” it’s connected to criminal activity? Even if they are DEAD WRONG getting that money back is EXTREMELY cumbersome and costly! It’s called a civil asset forfeiture. You’d be served with some paperwork shortly thereafter and if you don’t respond within a certain number of days that money is FORFEITED by default!!! Nothing burns me up more than asset forfeitures. Too much deference given to law enforcement and too much ABUSE.

04/23/2021

Texas Expunctions and Non-Disclosures

TEXAS!: 3 signs that you should have an attorney check you eligibility for an expunction or non-disclosure

04/22/2021

How Clean Slate Laws Create Better Cities

Join Next City for a webinar with representatives from Clean Slate Initiative — Sheena Meade, Jesse Kelley and Alia Toran-Burrell of Code For America — as they discuss “How Clean Slate Laws Create Better Cities.” Tune in on Wednesday, April 28 at 1:00 p.m. Eastern time.

04/21/2021

While hiring polices and real life practice may reveal differences, policy is a good place to start. List obtained from hirefelons.org

04/20/2021

Cops in Texas are still using the smell of MJ as a free pass to search your vehicle. Be careful out there.

#420

04/20/2021

Happy 4/20 🌿🌿Here’s a few key things to remember before partaking:
1) only cannabis with a THC level of less than 0.3% is legal in Texas
2) The smell of MJ is still probable cause to search your vehicle
3) If you’re currently on bond or community supervision, ANY level of THC in your system can be grounds for revocation
4) If you saw this post too late and caught a case, call me 📞 (713)557-7708

#420

04/16/2021

People deserve clean slates: Criminal records impede post-COVID economic recovery in Black and Brown communities

With vaccination rates across the country picking up, recovery from the COVID-19 pandemic is on the horizon for many, and experts are predicting an economic boom. But for some — particularly in Black and Latino communities hit hardest by the pandemic — obstacles to a full recovery remain. Pandem...

04/16/2021

There are important differences between an expunction and a non disclosure.

04/12/2021

Spring Cleaning 🧼🧽🧹

Texas laws have changed with regard to who can have their record sealed! Call me to see if yours can be “cleaned”

04/08/2021

It’s SPRING, and I just LOVE the smell of a freshly cleaned criminal record in the month of April. For that reason I am selecting 3 people who want their criminal records scrubbed squeaky clean. Not only will I be providing my services pro bono, but in honor of giving and second chances, I will be covering the filing fees as well! Who doesn’t want a FREE second chance?!

Priority will be given to felony charges and those whose expunction/nondisclosure would result in a completely clear background.

Please SHARE with anyone who might be interested❤️

04/01/2021

Did you know that the 5th Amendment alone does not apply to State law enforcement? The Bill of Rights (Amendments 1-10) originally only protected you from FEDERAL law enforcement only while STATES could violate you however they wanted. It wasn’t until the 14th Amendment was ratified in 1868 during reconstruction that those natural inalienable rights became applicable against State law enforcement as well. Luckily, whether you get caught up by the State or by the Feds, I’m licensed in both so bring it!

03/31/2021

03/30/2021

The Fifth Amendment protection against double jeopardy is often misunderstood. Many people believe that the law prohibits the prosecution from charging a person with the same crime twice. FALSE. The state is only prohibited from charging a person with the same crime twice only AFTER the case has reached a certain stage. Before that point, they can dismiss a charge and refile the same case against that person. What is...a second bite at the apple, Alex 🙄. RIP Alex :-(

03/27/2021

Unless your arrest was based on involuntary statements made to police, being read your rights at the time you’re hauled off by the cops is not a requirement. I’m asked at least twice a month, “they didn’t read me my rights, so they have to throw out the case right?” Wrong, and you can blame tv for that misconception.

03/26/2021

No, seriously, these words are literally MAGIC. The moment you say them, an entirely new set of rules come into play. When you ask if you are free to leave, the officer in that very moment has to reveal whether or not you are being detained. Unfortunately 5th amendment magic isn’t really activated until you are in custody. If I can prove you were in custody before you started singing like a canary bird during mating season, I might be able to have all of your statements and confessions thrown out. The prosecutor has to PROVE that you were read your rights and affirmatively WAIVED those rights once you’re in police custody in order for your statements to be admissible. When you ask for a lawyer, all questioning MUST cease. Abracadabra, we’re done here Officer.

03/26/2021

I could write a book on the 5th Amendment. In fact, hundreds already have! But I’ll spare you the lecture and simply pop on your feed the next few days with my fav highlights.

Did you know the Fifth Amendment was originally interpreted as a protection from having to take the witness stand and explain yourself (give your side of the story) during trial? It was thought to have NOTHING to do with police interrogations.

03/20/2021

While it can become mundane and tedious at times, I enjoy reviewing BWCs especially when it seems officers have forgotten they have them on. Every little conversation/interaction is right there! It can be a gift as well as a curse for my clients so always remember that what you say and gesture to an officer is all being captured.

03/20/2021

Houston Police Departments full BWC Policy can be found here 👉🏾https://www.houstontx.gov/police/pdfs/Body-Worn-Cameras.pdf