Last Week Around the -ISTs
4th Annual Marijuana Law for Musicians & DWI Law for Social Drinkers
Wednesday, April 15
The Mohawk (912 Red River)
8 p.m. | Free
[info]
Wednesday, April 15
The Mohawk (912 Red River)
8 p.m. | Free
[info]
Local criminal defense attorney (and musician) Charles Roadman has been putting on these very educational and useful discussions for three years now. He combines humorous anecdotes with serious outcomes to keep the audience interested and engaged throughout. Roadman will also be giving away a pair of tickets to the Flight of the Conchords show at Bass Concert Hall on May 7th as well as two tickets to the Will Oldham (a.k.a. Bonnie “Prince” Billy) concert at The Mohawk on June 5th. And surely after this evening, you’ll be making the right decision when leaving those events to head home.
We caught up with Roadman recently for a quick background check and his thoughts on the state of marijuana law today.
Let's learn more about you -- where did you grow up and when did you decide you wanted to be a lawyer?
My family traveled a lot. Spain, England, Germany, Mississippi, Nevada, Ohio, Virginia, Nebraska. I went to undergrad at Trinity in San Antonio (History major). I worked for Princeton Review during and after college while I played in bands. I became very good at the LSAT (the test to get in law school). I decided to go to law school when I got engaged. I was 28.
How many years have been practicing law and what are your areas of expertise?
I have been licensed since 2002. But I clerked for a defense attorney during school too. So, I’ve been around the Travis County courthouse for 8+ years. I practice exclusively criminal defense - DWIs, Marijuana possession, etc. (All misdemeanors and felonies.) Occasionally I will write a nasty note to a landlord for a friend.
When did you decide you wanted to help Austinites learn more about marijuana law?
When people come to my office to hire me for marijuana cases - I end up explaining what they should have done when confronted by the police. Or, what they should have done to avoid the police entirely. It feels a little cruel to tell people after the fact. So, I figured why not let people know before they get in trouble?
This is the fourth year you're hosting the Marijuana Law for Musicians seminar, except this time you've added DWI Law for Social Drinkers to the agenda as well. What made you want to discuss that item as well?
DWIs are common for musicians - especially in Austin. Musicians are usually leaving the clubs at closing time - which is when the cops are pulling people over. At the talk, I explain the motivations of the police and prosecutors. And when you understand the dynamics of a DWI stop - you will quickly conclude: “I’m taking a taxi”. The days of the police letting you drive off are long gone.
What are some of the “stupidest” things to do when confronted by a law officer in either of those situations? What would you recommend your clients to avoid saying or doing when pulled over or accosted?
When prosecutors read offense reports - they are looking for what I call ‘radical facts’- such as insulting the officer, resisting arrest, drug scales or baggies, etc. Radical facts make it difficult to get cases dismissed. Be polite. Even if they are being unreasonable. And don’t incriminate yourself. The police have many tricks to get you to incriminate yourself. I will explain these at The Mohawk.
And while I think the US has far more pressing problems to deal with,
the criminalization of marijuana is a painful reminder that we are not a rational culture.
You will be discussing the new Texas marijuana possession law (House Bill 2391) at the event. What, if any, progress has been made in relaxing marijuana law in Texas over the last decade?
the criminalization of marijuana is a painful reminder that we are not a rational culture.
I don’t think any progress has been made. We’re trapped in an absurdity. And while I think the US has far more pressing problems to deal with, the criminalization of marijuana is a painful reminder that we are not a rational culture. And this makes it hard to respect politicians (for making hypocritical and irrational laws) and law enforcement (for enforcing these laws).
It is like the government outlawed “Subway” - but allows “McDonalds” . And McDonald’s is worse for you. For more info on my marijuana opinions: see Bill Maher. (Editor’s Note: Real Time with Bill Maher Episode 147 -- Excerpt via YouTube.)
Would you assert that Austinites roving the streets under the influence of alcohol pose a greater threat to the security of others, than pot smokers? Should the penalties for offenses on both those situations be exactly the same / similar?
After spending 8 years dealing with alcohol offenses, I have a new found respect for the temperance/prohibition movements of our history. I don’t think prohibition is feasible, but they had a rational reason for their goal. Alcohol does terrible things to some people. How it gets an (almost) free pass for the damage it does is amazing to me.
U.S.A. vs Canada vs Netherlands? Any thoughts on why the law looks at marijuana differently in those countries?
Enlightenment.
Thank you for speaking with Austinist.
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