Board Certification in Criminal Law

June 30, 2015

By Collin County Criminal Defense Lawyer Jeremy Rosenthal

www.rosenthalwadas.com

(972) 369-0577

I recently became Certified in Criminal Law by the Texas Board of Legal Specialization.  Those who know me know I’m not big into telling everyone how many pushups I can do, what a “tough-guy” I am, or how many dragons I’ve slain in the past as a defense lawyer.

I’ve certainly taken my lumps in this profession which any lawyer (who is being honest) will admit to taking as well.  Fortunately as time goes on my lumps have become less and less and my happy results have become more and more.

I think Board Certification is important not only for professional development but also from the standpoint of my clients.

Board certification has always been a goal for me.  This is because (1) it is my profession which I take very seriously (I don’t know why someone wouldn’t want to excel in their given endeavor); and (2) I knew the process in and of itself would make me a better lawyer.

There is a strenuous application process, a large amount to study, and finally a very nasty test the likes of which I would place alongside the bar exam in difficulty.  This was a very time consuming process which took time away from my practice and my family.

I do feel the sacrifices I made in this process were worth it to help my clients.  I hope they think so too!

*Jeremy Rosenthal is an attorney licensed to practice in the State of Texas.  Nothing in this article is intended to be legal advice.  For legal advice about any situation you should contact a lawyer directly.

 

 


What is the Difference Between a Misdemeanor and a Felony?

June 30, 2015

By Collin County Criminal Defense Lawyer Jeremy Rosenthal

www.rosenthalwadas.com

(972) 369-0577

Felonies are punishable by possible jail over 1 year and misdemeanors are punishable for 1 year or less under Texas law.

Beyond that, Felonies obviously carry a somewhat more negative stigma meaning it is more difficult to be hired for a job, get a loan, or even be allowed to coach your child’s athletic team.

Collateral Consequences

Felonies also carry more collateral consequences — or consequences which aren’t directly related to criminal punishment itself than misdemeanors.  For example, being a felon can make firearm possession illegal, can prohibit you from holding public office or even from voting.

Felonies typically have more adverse immigration consequences than misdemeanors though immigration courts tend to use their own guidelines when determining the severity of a crime.

Crimes of Moral Terptitude

Some misdemeanors can have consequences every bit as severe as felonies.  Examples can be theft charges which can make professional licensing more difficult.  A theft charge on someone’s record can cause someone to lose job opportunities where trust is required such as an being a bookkeeper or sales clerk.

Affirmative findings of family violence can also carry felony-like consequences for the purposes of future enhancement or the denial of 2nd Amendment firearm rights.

*Jeremy Rosenthal is an attorney licensed in the State of Texas.  He is Board Certified in Criminal Law.  Nothing in this article is intended to be legal advice.  For legal advice about any situation you should consult an attorney directly.

 

 


Computer Crimes: Breach of Computer Security

June 15, 2015

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

By Collin County Criminal Defense Lawyer Jeremy Rosenthal

(972) 369-0577

www.thecollincountylawyer.com

The Texas Penal Code Section 33.02 criminalizes accessing another person’s computer or computer network without their effective consent.  Specifically, subsection (a) of that provision says, “A person commits an offense if the person knowingly accesses a computer, computer network, or computer system without the effective consent of the owner.”

A “Computer” is defined by Tex.Pen.C. 33.01(4) as “an electronic, magnetic, optical, electrochemical, or other high-speed data processing device that performs logical, arithmetic, or memory functions by the manipulations of electronic or magnetic impulses and includes all input, output, processing, storage, or communication facilities that are connected or related to the device.”  Even though I’m no tech guru, it would seem to me this definition would fit almost any smart phone such as an iPhone or Blackberry.

“Effective Consent” is defined by Tex.Pen.C. 1.07(19).  That definition nullifies consent if the consent…

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Texas DWI Laws for Beginners

May 29, 2015

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

For Starters:

Everyone is presumed innocent and the police and prosecution must prove the case beyond all reasonable doubt… and that goes for DWI’s and DUI’s too.  Accused people are acquitted of DWI in Courthouses all over Texas every day.  Just because the Police believe something does not make it so.

The nuts and bolts:

Texas DWI law can be extremely complicated but we’ll start with the basics.  For more advanced discussions, you can read here, here, and here.

Tex.Pen.C. 49.04(a) makes driving while intoxicated illegal.  That provision says, “A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place.”

Tex.Pen.C. 49.01 (A) and (B) define “intoxication” as… “not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a…

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Getting out of Jail on a Plano DWI Arrest

May 21, 2015

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

By Collin County Criminal Defense Lawyer Jeremy Rosenthal

www.rosenthalwadas.com

(214) 724-7065 – 24 hour number

(972) 369-0577 – Office number

To get someone out of the Plano City Jail for a DUI or DWI arrest a bond needs to be paid to Collin County.  The problem is a bond needs to be set by a magistrate before it can be paid.  No bond = no release.  Plano may not bring the accused before the magistrate until the day following the arrest.

How a Lawyer Can Help:

An attorney assist you in getting a bond set through what is called a “Writ of Habeas Corpus” (sometimes referred to as a “Writ Bond.”).  Under local rules, a writ bond filed by an attorney will trigger a cash bond on a misdemeanor DWI (either a 1st or 2nd offense) which can be paid — and the person released immediately (assuming there…

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Physician – Patient Privilege in Criminal Cases

May 18, 2015

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

By Dallas and Collin County Criminal Defense Lawyer Jeremy Rosenthal

(972) 369-0577

www.rosenthalwadas.com

Texas Rule of Evidence 509 governs the physician- patient privilege.  As with all privileges, it acts to protect communications that are confidential between a physician and a patient “relative or in connection with any professional services rendered by a physician to the patient.”

Tex.R.Evid. 509(b), however, practically negates the physician- patient relationship in criminal cases.  That section bluntly says, “There is no physician-patient privilege in criminal proceedings.”

The only small exception under 509(b) is that communications to any person involved in the treatment or examination of alcohol or drug abuse by a person being treated voluntarily or being examined for admission to treatment for drug or alcohol abuse is not admissible in a criminal proceeding.  This is obviously to encourage people who need help for substance abuse to voluntarily get help without recourse.

Police and/or prosecuting agencies can…

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Defending Blood Draws Versus Defending the Breath Test

April 26, 2015

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

By Dallas and Collin County Criminal Defense Lawyer Jeremy Rosenthal

(972) 369-0577

www.rosenthalwadas.com

There are many strategies to specifically attack either a breath or blood result, but today I’m going to compare blood and breath samples very generally.

Generally speaking — the most vulnerable aspects of either test is due to the degree that a human can either intentionally or negligently effect the outcome.

Jurors tend to have a bit of a natural skepticism against the science and technique regarding the breath test, but jurors unfortunately don’t scrutinize blood tests quite the same way.  On the other hand, the process for administering the breath test is ‘idiot proof’ whereas the procedure for taking, shipping and testing the blood is filled with human contact.

The Breath Test

The breath test is based on extracting the alveolar breath from one’s deep lungs.  That breath sample has to (1) come from the deep…

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