Jim E Lavine

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Houston Texas Criminal Defense Lawyer : Military Defense Attorney

* DWI/DUI - DWI/DUI is a very serious charge, and public policy is demanding that tougher penalties be imposed on those convicted of these charges, especially those who are convicted of DUI/DWI for the second time or more. Therefore, anyone charged with this offense needs to do everything possible to assert his or her Constitutional rights and available defenses.

* Mail Fraud/Wire Fraud/Bank Fraud - Mail and wire fraud are both crimes that have been in existence for many years, but the advent of the Internet has only made the opportunities to be charged with these offenses more likely given the access to information that’s more available now than ever before. These crimes are prosecuted in federal court and often require precharging investigation, creating the need to build an immediate and strong defense.

* White Collar Cases - Many people mistakenly believe that being convicted of what’s traditionally known as a ‘white collar’ crime is not serious relative to the penalties faced for a conviction on a ‘violent crime’ charge. Nothing could be further from the truth, and operating under this assumption is a mistake that could cost a defendant his or her freedom for many years.

* Securities Fraud - The Securities and Exchange Commission (SEC) is as aggressive a regulatory agency as you will find within the investigation and enforcement arms of the federal government. The Department of Justice routinely prosecutes cases arising from SEC investigations.

* Murder/Capital Murder - No charge is as serious as capital murder or murder. In cases like these, the citizen’s life literally could be on the line, and this is a situation where every effort needs to be made to present the strongest defense possible.

* Rape/Sexual Assault/Aggravated Sexual Assault - These sorts of charges not only carry severe penalties if the individual is convicted, but the facts that surround these cases make it very difficult for a jury to understand how false allegations can be made.

* Drug/Controlled Substances Offenses - The War on Drugs rages on throughout the United States, and it’s especially intense in Texas given its border with Mexico and other factors. Drug-related charges can force an individual to defend himself or herself on both state and federal levels, and long-term prison sentences are becoming the norm rather than the exception in many instances.

* Military Criminal Law - Those who are defending our country are often charged with crimes similar to those found in civilian courts. The military justice system, however, requires representation by counsel familiar with the procedures which are similar to, but different from, those found in civilian courts. Often persons charged under the UCMJ prefer to exercise their right to be represented by civilian counsel before military courts at trial or on appeal.

* Administrative Discharges - The nature of a soldier’s discharge can carry a lifetime of consequences, especially if that discharge is negative in nature. This battle is generally administrative in nature and requires a criminal defense attorney with a high degree of experience and skill.

Board Certified Criminal Lawyer - National Board of Legal Specialty Certification

Jim E Lavine
Zimmermann, Lavine, Zimmermann & Sampson PC
770 S Post Oak Ln #620
Houston TX 77056
Tel: 713 552-0300
Fax: 713 552-0746

Practice areas: Criminal Defense: White Collar (70%), Criminal Defense (30%)

Jim E. Lavine is a former prosecutor in Chicago, Illinois (six years) and in Houston, Texas (five years). A 1974 graduate of the Illinois Institute of Technology - Chicago Kent College of Law in Chicago, Illinois, he is licensed to practice law in Texas and Illinois. He graduated from Williams College in Williamstown, Massachusetts. He is admitted to all of the state courts in Texas and Illinois, as well as the United States Supreme Court, the United States Courts of Appeals for the Fifth, Seventh, Tenth, and Eleventh Circuits, and all of the United States District Courts in Texas, the Northern District of Illinois, and the Western District of Oklahoma.

Mr. Lavine represents clients at trial and on appeal in state and federal courts, as well as before professional licensing boards. He also represents individual and corporate clients in regulatory compliance matters and as witnesses, suspects, or targets in grand jury investigations. Mr. Lavine is a former member of the Board of Directors of the National Association of Criminal Defense Lawyers, a former director of the Texas Criminal Defense Lawyers Association, a former President of the Harris County Criminal Lawyers Association, and a member of the American Association for Justice. Mr. Lavine has extensive experience in handling cases involving forfeiture of assets by governmental agencies and lectures in many states on this subject and other aspects of trial advocacy. He joined the firm in 1985, and has been a shareholder since 1986. Mr. Lavine has been board certified in criminal law since 1985 by the Texas Board of Legal Specialization and since 1986 by the National Board of Trial Advocacy. He was lead counsel in a bankruptcy fraud case where the trial ended when the federal judge acquitted the client and dismissed all charges when the government completed its case. He then was co-counsel in the civil suit that followed against the complaining corporation, Motorola, for malicious prosecution. That case first went to trial but was then settled for a confidential seven figure sum. Mr. Lavine has also served as co-counsel with Mr. Zimmermann in a triple death penalty case, where the firm obtained a reversal of the convictions on a federal writ of habeas corpus, and then a dismissal of all charges on re-trial in the Oklahoma state court. He also served as co-counsel with Mr. Zimmermann in the murder prosecution of a prominent Texas businessman, where the charges were dismissed after the District Attorney was arrested for soliciting a bribe from our client, and later spent time in a federal prison. Mr. Lavine successfully coordinated the FBI/Texas Ranger investigation of the District Attorney. Mr. Lavine represented a client in a complex white-collar case in which the Court of Appeals for the Fifth Circuit found that the district judge's finding of fact on remand was clearly erroneous. The appellate court reversed the conviction and 20-year sentence and ordered the charges dismissed.He was lead counsel for an executive of Enron Broadband Services charged with 17 counts of conspiracy, securities fraud, and wire fraud. At a 14 week trial, the judge acquitted on two counts, and the jury deadlocked on the other 15 counts, resulting in a mistrial. After a retrial, Mr. Lavine and Mr. Zimmermann filed a motion to vacate all convictions, which the trial court granted. He was also lead counsel for a Duke Energy executive charged with nineteen counts of consipiracy, wire fraud, mail fraud, and false books and records. After a nine-week trial, he was acquitted on seven counts and the jury deadlocked on the other twelve counts, resulting in a mistrial. The Government dismissed the remaining twelve counts, thus eliminating a retrial.

Mr. Lavine was named a Super Lawyer by Texas Monthly magazine in 2003, 2004, 2005, 2006 and 2007. Mr. Lavine and Mr. Zimmermann were named attorneys of the year for 2005-2006 by the Harris County Criminal Lawyers Association and were also named as the outstanding lawyers in the state for 2005-2006 by the Texas Criminal Defense Lawyers Association. In 2007, the National Association of Criminal Defense Lawyers presented the Robert C. Heeney Award to Mr. Lavine. This is NACDL's most prestigious award, given annually to the one criminal defense attorney who personally and professionally best exemplifies the goals and values of the Association and the legal profession. Click here for a full description of the award. Mr. Lavine is married and has three children.