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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Trying to Join the Military when Facing Criminal Charges

July 17, 2014

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

By Dallas and Collin County Criminal Defense Lawyer Jeremy Rosenthal

www.thecollincountylawyer.com

(972) 369-0577

Joining the military can be a great way to serve your country and find a new meaning or direction in life.  I know because I’m a former Army Field Artillery Officer.

It can be frustrating when you’re trying to join the army and you’re facing criminal charges.

My first suggestion for anyone trying to join when facing criminal charges is to visit with your recruiter about what will or will not be acceptable to the military on your criminal record or as far as completing civilian probation.  As a lawyer licensed in the State of Texas, I am simply not in a position to advise people of current U.S. Armed forces policy on recruitment.  I know from my own military experience that policies can and do change frequently with regards to eligibility.  Your recruiter should be up to…

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Underage Alcohol Consumption or Possession Reference Guide

July 10, 2014

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

By Collin County Criminal Defense Attorney Jeremy Rosenthal

www.rosenthalwadas.com

(972) 369-0577

Several main Texas laws impact minors who mix with alcohol under the Texas Alcohol Beverage Code.  First, the good news.  Though Texas prides itself on being tough on crime, all charges I’m discussing today are Class C Misdemeanors with multiple ways of getting them off a criminal record.

Below are my abbreviated description of the statutes.  If you enjoy the more precise legalese of the Texas Alcohol Beverage Code, you can read the laws here.

 

1.  Minor in Possession (also called an “MIP”)

Texas Alcohol and Beverage Code (“TABC”) 106.05 makes it a crime for a minor to possess alcohol.  Possession is defined by Texas Penal Code 1.07(39) as “Actual Care, custody, control or management.”

This simply means the officer and the prosecution must prove the minor did more than be in the mere presence of alcohol…

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Should I Bail My Son or Daughter Out of Jail?

July 9, 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

I get asked this question a lot where the child is 17 years old or older and in adult custody.

Unfortunately there is no right answer though I wish there were.  I don’t have a stake in the issue so I advise parents to do what they feel is best because they know their children better than I do.

Parents should also take to heart this truism: there is no right answer.

Leaving your son or daughter in jail does not make you a bad parent nor does getting them out.  I’ve seen parents who do both for understandable reasons.

For clients who have serious drug issues — parents might tell me they leave their kids in jail because at least they know they’re safe and not using drugs.  Drug cases (other than marijuana) take a long time because…

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The Mosaic

June 30, 2014

By Collin County Criminal Defense Lawyer Jeremy Rosenthal

(972) 369-0577

www.rosenthalwadas.com

Many criminal cases can be analogized to a mosaic.

A mosaic can have hundreds if not thousands of small tiles of all different colors, shapes and textures.  Someone doesn’t even have to be very skilled to arrange the tiles in a way to create the picture they see in their mind’s eye.

Similarly a criminal case often has hundreds of bits of information such as witness accounts, video tape, or scientific evidence.  A person interpreting all of the scattered information, too, can and will create a picture based on their initial impression of what they see in their mind.

This is where the analogy gets interesting — the mosaic is all based on the perception of the person interpreting the bits and pieces.  

Let’s say the person making the picture is a law enforcement officer who decided guilt before even looking at the pieces.  That person would naturally take the pieces he or she needed to make the picture they want and potentially discard pieces which don’t fit their vision.  They don’t do it to be mean or to frame someone — it’s just how people think.  For instance, most police reports simply don’t contain many positive facts for my client.  It’s not that there isn’t good evidence for my client the officer knows about — it just got ignored like a tile piece which got left on the floor and swept into a pile.  

The good news is we have the ability to do the same thing to give a jury, judge or even the prosecutor a COMPLETE picture.  We can make a mosaic which we know reflects how we see the picture — only we won’t discard pieces just because they don’t seem to matter to us.

*Jeremy Rosenthal is an attorney licensed to practice in the State of Texas.  Nothing in this article should be considered as legal advice.  For legal advice about any situation you should contact an attorney directly.  Communications sent through this blog are not privileged.


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