Why a Theft Charge is Bad News

July 30, 2013

Criminal Defense Lawyer | DWI, Drug, Theft & Assault Charges

By Collin County Criminal Defense Lawyer Jeremy Rosenthal

(972) 369-0577

Theft is regarded in Texas as a “crime of moral turpitude” unlike driving while intoxicated or drug possession.

Crimes of moral turpitude have far-reaching collateral consequences that can almost be incalculable ranging from denial of professional licensing, to federal immigration consequences, to being impeached in future legal proceedings.

Theft is beatable in court.  There are also ways of getting the theft charge off your record through probation programs by agreement.

There is no one comprehensive list of crimes of moral turpitude and there is no universally agreed upon definition, but theft has been held to be one and is squarely within what courts have defined to be crimes of moral turpitude in the past.  Milligan v. State, 554 S.W.2d 192 (Tex.Crim.App. 1977).

What this means is that EVERY theft case is a big deal regardless of…

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Female Shoplifting and Depression – A Link?

July 28, 2013

Criminal Defense Lawyer | DWI, Drug, Theft & Assault Charges

By Collin County Criminal Defense Lawyer Jeremy Rosenthal

www.thecollincountylawyer.com

(972) 369-0577

I’m not a psychiatrist or a psychologist.  My law license says “Counselor” and I joke that I’m not exactly sure why.

Regardless of the disclaimers, it seems to me that there may be a link between depression and theft when it comes to women.  Just in surfing the internet, there is article after article about the links between the two from medical professionals and non-professionals alike.  Even Winona Ryder, famed shoplifter from 2001, suffered from depression and anxiety disorders.

Putting on our lawyer’s hat, the question isn’t necessarily the same question that medical professionals may ask themselves.  The legal question is two-fold.  First, how does this apparent phenomenon translate into legal reality — and second, what are appropriate treatments assuming conventional criminal justice punishment misses the mark?

Texas Penal Code 8.01 is the insanity defense.  That statute states,

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Petition for Non-Disclosure

July 27, 2013

Criminal Defense Lawyer | DWI, Drug, Theft & Assault Charges

By Collin CountyCriminal Defense Lawyer Jeremy Rosenthal

www.thecollincountylawyer.com

(972) 369-0577

A Petition for Non-Disclosure is an intermediate tool used to clean someone’s record.  It essentially hides your record from the public.  It is not as sweeping or as beneficial as an expunction, but it can lessen the blunt force of a conviction.

The Non-Disclosure statute is very complicated and is loaded with qualifications and exceptions.  What it means, in general, is that your criminal record stays intact (unlike an expunction where an arrest record is destroyed), but the state is limited in it’s ability to disseminate the information of your record to the general public.  As you can see by reading the statute, there are numerous agencies which are exempted from honoring the non-disclosure (such as professional licensing bodies), and there are tons of offense which don’t qualify for non-disclosures (such as sexual assault, stalking, and family violence…

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Scientific Evidence of False Memories

July 26, 2013

By Collin County Criminal Defense Attorney Jeremy Rosenthal

www.thecollincountylawyer.com

(972) 369-0577

The New York Times published this article talking about how scientists have been able to create false memories in mice.

Eyewitness testimony has been extremely problematic in criminal cases.  Not only are human’s imperfect in their ability to recollect specific facts and incidents — the problem is compounded because people can convey their poor recollections in a persuasive manner.

*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 an attorney directly.


The Top 5 Reasons for Getting an Expunction

July 26, 2013

Criminal Defense Lawyer | DWI, Drug, Theft & Assault Charges

By Collin County Criminal Defense Lawyer Jeremy Rosenthal

www.thecollincountylawyer.com

(972) 369-0577

Assuming you are eligible for expunction from an arrest in Texas, here are the top 5 reasons to get one if you can.

#5 — Peace of Mind

When I ask people about prior criminal records, I often get blank stares followed by an explanation that is very unsure of the final outcome.  With an expunction, you get the certainty of knowing your status and how to deal with it in any given situation based on what you know is the law and your rights.

#4 — Future Dealing With Law Enforcement

Prosecutors and police officers look at your life through a straw… meaning they don’t care about how many old ladies you’ve helped cross the street in your life.  If you got arrested 18 years ago and “beat the rap” then they make it their business to nail…

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Top 5 Mistakes When Hiring A Criminal Defense Attorney Countdown — #1

July 25, 2013

Criminal Defense Lawyer | DWI, Drug, Theft & Assault Charges

By Collin County Criminal Defense Lawyer Jeremy Rosenthal

www.thecollincountylawyer.com

(972) 369-0577

This week I’m counting down the top 5 mistakes people make in hiring a criminal defense attorney.

#1.  Hiring a lawyer that pleads everyone guilty.

I approach every case looking for a way to win – not why we should lose.  Sometimes the paths to victory are many, sometimes they are wide, and sometimes there is just a sliver of hope.  But the slivers are there if you look hard enough. I consider pleading guilty a last-option in most instances in Texas state courts in Collin and Dallas counties.

This means I set a decent percentage of them for trials or motions to suppress.  But there are lawyers who advise their clients to plead guilty virtually every time.

I rarely question another lawyer’s professional judgment.  And let’s be straight – pleading guilty or not guilty is exclusively the client’s…

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Top 5 Mistakes in Hiring a Criminal Defense Lawyer Countdown — No. 2

July 23, 2013

Criminal Defense Lawyer | DWI, Drug, Theft & Assault Charges

By Collin County Criminal Defense Lawyer Jeremy Rosenthal

http://www.rosenthalwadas.com

(972) 369-0577

This Week I’m Counting Down the Top 5 Mistakes People Make When Hiring a Criminal Defense Lawyer.

#2:  Hiring a Lawyer that Gives You Unreasonable Expectations

I’m licensed to practice in Texas.  Here it is unethical for a lawyer to promise a client certain results.  I can’t imagine it’s permissible in any other state.

I often visit with people and my view of the case is much brighter and more optimistic than they anticipated.  But making a promise there is even a sliver of a chance I can’t keep helps no one.

Every single case – DWI, marijuana, felonies, or whatever, is like a snowflake.  Each set of facts has it’s own unique nuances which may turn the laws in different ways.  There’s also the unpredictability of humans such as prosecutors, witnesses and not least of all – juries.

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