Does the Fact I’ve Never Been In Trouble Before Mean Anything?

August 18, 2014

Originally posted on Criminal Defense Lawyer | DWI, Drug, Theft & Assault Charges:

By Collin County Criminal Defense Lawyer Jeremy Rosenthal

(972) 369-0577

www.rosenthalwadas.com

One of the most common questions that I am asked is whether the countless years or decades of a clean-record counts for anything at trial.  The good news is that it does but theres lots to consider.

Texas rule of evidence 404 is a rule which discusses when character evidence is relevant, what limitations are on the types of character evidence may be admitted, and when character evidence may be appropriate.

Generally evidence of “a persons” character is not admissible at all to prove conformity therewith on a particular occasion.  The exceptions, though, tend to swallow the rule.

Tex.R.Evid. 401(a)(1)(A) allows the defense to proffer character evidence of the accused in a criminal case.  The same rule allows the prosecution to attack that character evidence if the defense “opens the door” by injecting character as an issue.

Remember — there…

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Weak Judges vs. Strong Judges

August 11, 2014

Originally posted on Criminal Defense Lawyer | DWI, Drug, Theft & Assault Charges:

By Collin County Criminal Defense Lawyer Jeremy Rosenthal

www.rosenthalwadas.com

(972) 369-0577

The trial judge calls many of the crucial balls and strikes at trial including on which jurors are chosen to sit on the panel, what evidence the jury may hear, what arguments the lawyers may make, whether the case even makes it to the jury, and what formal instructions are given to the jury.  While some judges see their role as a referee on the sideline — for better or worse — they play a far more important role.

If the Judge makes mistakes in their rulings — those can be appealed.  Here’s why that’s not as easy as it sounds; (1) appeal can be extremely expensive if you don’t qualify as indigent; (2) the appeals courts rarely over-turn what happens in the trial court and often label the trial judge’s mistakes as “harmless error;” and (3) appeal takes…

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New DWI Law: Above a 0.15 is now a Class A Misdemeanor

August 10, 2014

Originally posted on Criminal Defense Lawyer | DWI, Drug, Theft & Assault Charges:

By Dallas and Collin County Criminal Defense Lawyer Jeremy Rosenthal

(972) 562-7549

www.thecollincountylawyer.com

Drunk driving laws are a one-way road.  They’re getting tougher and unless and until politicians begin campaigning on being easier on this sort of thing, you can expect the laws to keep getting even tougher than they are now.

A law passed this past legislative term and now in effect is that it is now a Class A misdemeanor if your blood alcohol result is above a 0.15 at the time the test is taken (not when you were behind the wheel).

The law is yet another example of how the state punishes you for cooperating by taking the breath test.

Not only that, but what they’re also doing is making steeper punishment more arbitrary.  Think of it this way… if person A has been drinking steadily all night and gets behind the wheel at, let’s say…

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Bail Bond FAQ’s

August 5, 2014

Originally posted on Criminal Defense Lawyer | DWI, Drug, Theft & Assault Charges:

By Collin County Criminal Defense Lawyer Jeremy Rosenthal

(214) 724-7065 24-hour jail release number

(972) 369-0577 (office)

www.thecollincountylawyer.com

1.  What is a Bond?

Bond is a dollar amount an arrested person needs to post as collateral for their release.  If the person doesn’t come to court when requested, then the bond can be forfeited and an arrest warrant issued.

2.  What is a Cash Bond?

A cash bond is where an arrested person (usually through their family) pays the full amount of the bond to secure the release on their own accord.  When the case is over, regardless of the outcome, the bond is refunded directly to the accused person.

3. What is a Bail Bond?

Often people can’t afford to pay cash for a bond.  A bail bond is where a 3rd party guarantor assures the county that if the person forfeits — that this person will pay the county…

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When You’re Entitled to a Bond (and When You’re Not)

July 30, 2014

Originally posted on Criminal Defense Lawyer | DWI, Drug, Theft & Assault Charges:

By Collin County Criminal Defense Lawyer Jeremy Rosenthal

www.thecollincountylawyer.com

24-hour Jail Release Number (214) 724-7065

Office Number (972) 369-0577

A bond is an amount of money set by a magistrate judge to secure the release of someone arrested.  It is the state’s collateral to assure the arrested person appears for future criminal proceedings.

As a quick reference guide, you’ll find bond statutes in the Texas Constitution and throughout the Code of Criminal Procedure in Chapters 15, 16, 17, 44, 45, 47 and 55.  So if you’re paging through the code, you’ll have to be diligent and thorough.

In some instances people are not eligible to even have a bond set.  This obviously means they can’t get out of jail.  In other instances, their right to have a bond set may be discretionary by the Court — meaning bail can be denied.  Judges can also impose limitations or conditions of bond such as a…

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Collin County Writ Bonds

July 29, 2014

Originally posted on Criminal Defense Lawyer | DWI, Drug, Theft & Assault Charges:

By Dallas and Collin County Criminal Defense Lawyer Jeremy Rosenthal

(214) 724-7065 (jail release number)

(972) 369-0577 (office number)

www.rosenthalwadas.com

A “Writ Bond” is a filing by a lawyer in Collin County that will cause the sheriff’s office to set a bond prior to the arrested person being seen by a magistrate on a Class A or B Misdemeanor (typically DWI, possession of marijuana, or theft).

Writ Bonds aren’t applicable for felony arrests, traffic ticket arrests or assault arrests.

People arrested by police in any Collin County city may be eligible for a writ bond whether they are in the County jail in McKinney or not.  These communities include (but aren’t limited to) Prosper, Allen, Frisco, Plano, Celina, Fairview, Anna, Melissa, Parker or Murphy.

A “writ bond” shouldn’t be confused with a bail bond.

Hiring an attorney for a writ bond in Collin County is an…

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Indecent Exposure

July 28, 2014

Originally posted on Criminal Defense Lawyer | DWI, Drug, Theft & Assault Charges:

By Collin County Criminal Defense Lawyer Jeremy Rosenthal

(972) 369-0577

www.rosenthalwadas.com

There are very few allegations more humiliating than indecent exposure.

Texas Penal Code 21.08 governs Indecent Exposure and that statute holds, “A person commits an offense if he exposes his anus or any part of his genitals with intent to arouse or gratify the sexual desire of any person, and he is reckless about whether another is present who will be offended or alarmed by his act.”

Though indecent exposure is a relatively minor charge, a class b misdemeanor, it can have stigmatizing long-term effects.  Additionally, multiple indecent exposure convictions can result in sex offender registration under Chapter 62 of the Texas Code of Criminal Procedure.  As such — any indecent exposure charge is an extremely serious one!

Indecent exposure allegations are highly fact and evidence intensive.  Furthermore these cases are highly subjective.  Fighting these charges requires an aggressive…

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