No reasonable person likes crime. Most of us want to live in safe, orderly communities where people follow the law. But a truly just society also has to protect the rights of the accused. Our founders spent much of the Bill of Rights limiting government power, not expanding it.
Instead of focusing on one case or statute, this post looks at a broader question: is the system treating people fairly? Here are five unfair practices I see regularly as a criminal defense attorney in Montgomery County, and some ideas for reform.
1: Widespread Internet Posting of Mugshots
We’re supposed to presume people innocent unless they are proven guilty. Yet third-party sites scrape jail rosters and blast mugshots across Google, Facebook, and other platforms in real time. In Montgomery County, the frequently updated online jail roster makes this even worse – sites can roll out new mugshots every day. These posts often include a person’s name, address, and other personal details.
Most people charged with misdemeanors are ordinary folks: teachers, nurses, blue-collar workers, students. They don’t deserve lifelong online humiliation over a mistake, especially when the case might later be dismissed.
Texas law and the Texas Commerce Code offer some tools to force removal after an expunction or nondisclosure, but the burden is still on the accused. We need stronger protections that keep non-violent misdemeanors off these click-bait sites in the first place.
2: One-Sided Arrest Affidavits and Police Reports
In Montgomery County, when officers want an arrest warrant, most of the time they will submit an affidavit to the District Attorney’s Office and a judge for approval. Too often, these affidavits tell only one side of the story. Officers may not interview the defendant, may skip key witnesses, or may simply omit facts that cut in favor of the accused. Information that would mitigate or even exonerate a person can be left out entirely. Judges and prosecutors are then making major decisions based on a filtered version of events.
Reform is simple: require officers to affirmatively include known exculpatory or mitigating facts in their affidavits, not just what helps establish probable cause. Create tools to hold them accountable if they don’t.
3: Police Profiling and Pretextual Stops
Modern patrol cars are rolling computer terminals. Before ever hitting the lights, officers can run a plate, see the registered owner’s demographics and history, and decide whether this is someone they “want to talk to.” Other times, an officer will identify a “suspicious” vehicle based on nothing more than a hunch and then follow that car until a minor traffic violation inevitably occurs. That trivial violation then becomes the legal justification for the stop.
This kind of profiling erodes public trust. Clearer limits on pretextual stops and better training on bias are essential if we want communities to feel that they’re being policed fairly.
4: Officers Who Won’t Explain Themselves
Many tense encounters could be defused if officers simply explained what they were doing and why. Instead, I often see an instant hard tone, orders given without context, and citizens who feel confused and scared. Most people rarely deal with law enforcement. They know the officer has the power and they feel that imbalance. A simple explanation goes a long way. For example: “Sir, I smell alcohol, and you told me you’ve been drinking. I’m going to ask you to step out of your vehicle so I can investigate that further.” That’s very different from a shouted, “Get out of the car now.”
5: When the System Prioritizes Speed Over Justice
This is an issue that could be talked about for hours in different facets. Judges are under pressure to move dockets. That pressure filters down to prosecutors and appointed counsel. The system quietly rewards lawyers who plead cases quickly and condemns those who file motions, follow up on discovery, or set cases trials. But in criminal defense, good outcomes rarely happen fast. It takes time to investigate, negotiate, and build a defense. The prosecutors are so busy that it may take three to four court settings before a case is even on their radar. When efficiency becomes more important than the “whole truth”, people get implicitly rushed into plea deals they don’t fully understand.
If you or a loved one is facing charges in Montgomery County or the surrounding areas, you deserve a defense attorney who will push back against these unfair practices. At Alsbrooks Law, we fight for both your rights and your dignity.