Revoke Ray Jackson’s Bond? What Evidence Do You Have To Show He’s Actin’ Like an Outlaw?

LIT COMMENTARY

Former Texas lawyer Ray Jackson has pleaded guilty to his criminal charges and the background to his arrest and indictment is detailed in our earlier article HERE.

This update is from the criminal court proceedings in federal court in Dallas, Texas. The Magistrate Judge decided not to revoke his bond despite, in her own order, stating, “Although it clearly demonstrates that he violated a Texas Supreme Court order”.

It’s absurd, especially when you read the Texas Bar’s laundry list of sanctions, where in 2018 he was found guilty of the exact same charge presented here, the unauthorized practice of law and holding himself out to be a lawyer (when suspended).

Sadly, we’re immune from being shocked by the court opinions in Texas. The orders are very rarely based on law, rather who you know and what you are. If you’re a Texas lawyer, well, you are going to be taken care of and given the lightest of sanctions possible, if any.

San Antonio Lawyer Chris Pettit Resigned in Lieu of Discipline this week (June 2022). He is facing criminal charges for stealing tens of millions of dollars from clients.

ORDER

By Special Order 3-251, before the Court is the Government’s Motion to Revoke Defendant’s Pre-Trial Release, filed March 31, 2022 (doc. 51).

Rayshun Jackson (Defendant) appeared in person and through counsel on April 26, 2022, for a determination of whether his conditions of pretrial release should be revoked.

Based on the evidence, oral argument and applicable law, the motion is DENIED.

I.

On April 8, 2021, Defendant was charged by complaint with money laundering in violation of 18 U.S.C. § 1956(a)(3).

(See doc. 1.)

He was arrested and made his initial appearance on April 16, 2021, and after the government’s oral motion to withdraw its motion for detention was granted, he was ordered released on conditions of pretrial release by Order Setting Conditions of Release on that date.

(See docs. 3, 5, 7.)

One of Defendant’s conditions of pretrial release was that he not violate any federal, state or local law while on release.

(See doc. 7.) 1

On March 18, 2022, the pretrial services officer filed a Report of Violation of Conditions of Pretrial Release, stating that his office had been notified by the United States Attorney’s Office on March 15, 2022,

that the defendant had committed a violation of Section 38.123 of the Texas Penal Code by engaging in the unauthorized practice of law.

(See doc. 44.)

An Amended Report of Violation of Conditions of Pretrial Release, filed on March 21, 2022, stated that the United States Attorney’s Office also alleged

that the defendant had committed a violation of Section 38.122 of the Texas Penal Code by falsely holding himself out as a lawyer.

(See doc. 46.)

At a hearing on March 24, 2022, it became clear that the pretrial services officer in this case had no information, evidence or knowledge concerning the alleged violation other than what had been provided by the Government.

Accordingly, it was ordered to file a motion to revoke pretrial release in support of its contentions. It filed its motion on March 31, 2022.

II.

A defendant’s bond and release may be revoked pursuant to 18 U.S.C. § 3148(b) after a hearing if a judicial officer

(1) finds that there is –

(A) probable cause to believe that the person has committed a Federal, State, or local crime while on release; or

(B) clear and convincing evidence that the person has violated any other condition of release; and

(2) finds that –

(A) based on the factors set forth in section 3142(g) of this title, there is no condition or combination of conditions of release that will assure that the person will not flee or pose a danger to the safety of any other person or the community;

or

(B) the person is unlikely to abide by any condition or combination of conditions of release.

A finding of probable cause to believe that the defendant committed a felony creates a rebuttable presumption that no condition or combination of conditions of release will assure that the person will not flee or pose a danger to the safety of any other person or the community. Id.

LIT LIGHTS UP TEXAS BIAS:
$3,600,000 DEBT BEING CHASED
Another law firm violating Section 392.101 of the Texas Finance Code. Texas has been allowing law firms to violate the laws for years in Texas Courts. Not to mention the loss of revenue to the State. https://t.co/fP8hwKDMUw

— lawsinusa (@lawsinusa) June 10, 2022

Although it clearly demonstrates that he violated a Texas Supreme Court order,

the Court cannot conclude based on the record before it that the evidence is sufficient to support a finding of probable cause to believe that Defendant violated his conditions of pretrial release by committing a state or local crime for purposes for purposes of § 3148(b)(1)(A), as required for purposes of revoking his pretrial release.

By making this finding for this limited purpose based on the record currently before it, the Court takes no position on whether a violation of state law occurred.

That determination appears best left to the appropriate state authorities.

III.

The government’s motion to revoke Defendant’s conditions of release is DENIED.

Signed this 28th day of April, 2022.

IRMA CARRILLO RAMIREZ
UNITED STATES MAGISTRATE JUDGE