Frisco City Jail Release — Writ Bonds

November 25, 2013

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

By Collin County Criminal Defense attorney Jeremy Rosenthal

www.rosenthalwadas.com

(214) 724-7065  24-hour line

(972) 369-0577  office line

Hearing that a friend or loved one has been arrested for DWI is like seeing your house catch on fire.  Your first question is how to get them out.

Getting out of Frisco or Plano City Jail:

Collin County doesn’t like people arrested for misdemeanors (DWI’s, possession of marijuana, or theft below $1,500) to clog their jails.  There are policies in place to help get those people out of jail as soon as possible.  Those are referred to as “writ bonds” but in actuality are writs of habeas corpus.

Here’s how it works:

When someone is arrested, they see a magistrate judge who sets a bond amount.  When the bond is paid, the person is released.  Normally in Frisco or Plano, you would have to wait until the next morning to…

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How Do I Find Someone In Jail?

November 25, 2013

By Collin County Criminal Defense Lawyer

(214) 724-7065 (Jail Release Number)

www.rosenthalwadas.com

In Collin County:

People arrested in Collin County go one of six places — Dallas City Jail, Richardson City Jail, Plano City Jail, Allen City Jail, Frisco City Jail, or the Collin County Jail in McKinney.

For information about jail release on DWI, Theft, Marijuana Possession and other misdemeanor arrests, click here.

The Collin County Jail serves as the “nerve center” for jails in the county as McKinney is the county-seat.  Persons arrested in the City of McKinney as well as any city not listed above are taken to the Collin County Jail.  You can go to the Collin County Sheriff’s Office web page and see if the person is a current inmate.  If someone is not listed on the web page as an inmate — this does not mean they’re not in jail there.  They may be in custody but not yet booked onto the system.  You can speak with jail personnel at (972) 547-5100.

Richardson, Plano, Allen & Frisco jails do not currently have online look-up systems.  Contact information for those jails is as follows:

Richardson City Jail:  (972) 744-4820

Plano City Jail:  (972) 424-5678

Frisco City Jail:  (972) 292-6001

Allen City Jail:  (214) 509-4100

Dallas County Jail: (214) 962-5800

People arrested for class b misdemeanors and above are eventually transferred to Collin County or must process through if released without having processed through originally.

Helpful Tips and Suggestions:

  • Have as much information as possible about the person and the arrest available.  Some jails are busier than others and the more information you have, the more likely you can help the jail staff identify your friend or loved one.
  • Check surrounding counties.  Cities in Collin County are in multiple counties.  The cities of Dallas, Richardson and Sachse are in both Collin and Dallas County.  Frisco and Plano have portions both in Collin and Denton Counties.
  • Be patient.  Being a jailer is a hard job.  They constantly deal with difficult people and it’s easier to have questions answered when you are polite.  Some might be difficult but dealing with them is an unfortunate reality at 3 in the morning.

*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 licensed attorney directly.


Getting Out of Jail in Plano

November 25, 2013

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

By Collin County Criminal Defense Lawyer Jeremy Rosenthal

www.rosenthalwadas.com

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

What is needed is generally called a “writ bond.”  A writ bond is a document filed by a licensed attorney with the county triggering a cash bond.

In English, this means that you can get a loved one out of jail without having for them to wait on a magistrate — a process which by law may take up to 24 hours.  The most common application are DWI cases from Plano, Frisco or Allen.

Legally here’s what is happening:  An attorney is filing a “writ of habeas corpus” on behalf of his client (the person in jail).  The application asks that bond be set.  The bond is paid (presumably by a friend or family member).  Collin County requires the person paying to sign an acknowledgment that the money received is the money of the inmate —…

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A Quick Guide to Texas Drug Possession Charges

November 20, 2013

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

By Collin County Criminal Defense Lawyer Jeremy Rosenthal

(972) 369-0577

www.rosenthalwadas.com

Chapter 481 of the Texas Health and Safety Code govern drug offenses in Texas.  Don’t bother trying to look it up.  It’s an impossible maze and you’d need a pharmacy degree to understand.  And even then it’s tough.  Here’s a quick and dirty guide:

Three Factors Determine Offense Level for Drug Possession

The main factors are; (1) the type of drug; (2) the amount; and (3) surrounding aggravating circumstances (such as drug-free zone or possession with intent to deliver.)

Penalty Groups

Drugs are classified into penalty groups and there is a special group for marijuana.  Though this isn’t a complete list, it should give you a good idea… and you can click on the link for a complete list of each penalty group:

Penalty Group 1: Cocaine, Heroine, Methamphetamine, Ketamine, Oxycodone and Hydrocodone (over 300 mg).

Penalty Group…

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Notice to Appear Letter

November 19, 2013

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

By Collin County Criminal Defense Lawyer Jeremy Rosenthal

www.rosenthalwadas.com

(972) 369-0577

I Just Got a “Notice to Appear” Letter.  What Does it Mean?

You have been charged with a criminal offense in Collin County, Texas.  In all likelihood it stems from an arrest in the previous months perhaps for DWI, marijuana possession, assault or theft.

This letter means the case has been formally charged by the District Attorney’s Office (for misdemeanors) or a Grand Jury (for felonies).

Why Do I Need to Be In Court?

Court appearances serve two functions.  It’s the Court’s way of making sure (1) you are attempting to resolve the case; and (2) you’re honoring your conditions of bond.

Collin County Courts handle thousands of criminal cases per year.  Having Appearances is how they keep cases moving through the system.

What Will Happen at this Appearance?

An appearance is like a work session between your lawyer and…

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Don’t Flip the Burden of Proof on Conspiracy Theorists

November 18, 2013

By Collin County Criminal Defense Lawyer Jeremy Rosenthal

www.rosenthalwadas.com

(972) 369-0577

November 18, 2013

The 50th anniversary of the assassination of President Kennedy is this week.

National and local newspapers are commemorating the occasion by publishing articles on the Kennedy family, JFK’s precedency, and above all else — whodunnit conspiracy theories.

CNN’s Thom Patterson  talks with expert Dave Perry (here) and the Dallas Morning News writer Scott K. Parks (here) casts doubt on consipracy theories in favor of the idea Lee Harvey Oswald acted alone in an interview with Vincent Bugliosi.

Vincent Bugliosi

Vincent Bugliosi, author and former famed Charles Manson prosecutor, has written a 1,632-page book on the Kennedy Assassination.  He flatly concludes Lee Harvey Oswald was the lone killer.

In Mr. Bugliosi’s recent interview with the Dallas Morning News he claimed a trial of Oswald would have produced a quick conviction.  He ‘scoffed’ and said about conspiracy theororists, “To show you how non credible the conspiracy theorists are, over the past 50 years they have accused 42 groups, named 82 assassins and a total of 214 people as being involved in the assassination… not one single word or syllable has been leaked out about the existence of a conspiracy.  And the reason is, there is none to leak out.”

Dave Perry

Dave Perry, a retired insurance claims adjuster living in Dallas is also considered an expert on the Kennedy assassination.  He claims to spend “a couple hundred hours every October and November” researching the issues in the case.  He is consulted regularly by reporters and producers. Though he can’t cast doubt on all theories, people consider him “an anti-conspiracy guy” though the CNN article points out Mr. Perry has a hard time dispelling claims of CIA involvement.

So What’s the Beef with these Guys?

Now let’s get a few things straight.  Mr. Bugliosi & Mr. Perry know ridiculously more about the JFK assassination and the evidence surrounding it than I know (or ever care to know for that matter).  I’ve seen a documentary here and there and, of course, Oliver Stone’s movie JFK.  I did an internship in law school downtown where I had to park behind the grassy knoll and walk across Dealy Plaza every day for about 2 months (which is creepy each and every time you do it).

If I had to put money on it, I’d say the assassination was a plot of some sort but like I said… I’ll readily confess to not knowing as many of the facts as the experts.

Here’s what I can say… marginalizing conspiracy theories and flipping the burden of proof on them is a great way to come to the wrong conclusion about what happened on November 22, 1963.

Flipping the Burden of Proof

One essential aspect about a criminal trial is the burden of proof never-ever shifts to the defense.  This is for several reasons — not the least of which is it’s virtually impossible to prove a negative.  Alternate theories are often possible — but are also always easy to shoot-down by a polished prosecutor.  Just because other theories have evidentiary flaws doesn’t make YOUR theory right.

Take someone on trial for a DWI.  There are only so many ways a person can defend him or herself.  Any evidence produced by an accused would be shredded by a skilled prosecutor.

  • People testifying the accused didn’t have much to drink?  A piece of cake.  Of course those folks will lie to protect their friend.  Or maybe it’s just because those friends were drunk too and not paying attention to how much the accused was drinking.
  • Bar receipts?  That doesn’t mean other people weren’t buying drinks for you.
  • Surveillance cameras from the bar?  Here’s hoping there was one which happened to be aimed at you, turned on, or that you weren’t drinking at home.
  • Your own word?  Everyone knows someone on trial will lie to protect themselves.

Doesn’t it make more sense to scrutinize the police theory instead of concluding your theory is right because no other theory can be proven?  Perhaps a lack of evidence the person is intoxicated may be the best proof someone was okay to drive?

What if We Flipped the Burden of Proof on the Michael Morton Case?

An even better example of why it makes no sense to flip the burden of proof comes from the Michael Morton case.  Michael Morton was freed after decades of confinement for a murder he didn’t commit.  A bloody rag recovered well outside the murder house contained both the DNA of the victim (Morton’s wife) and the perpetrator.

Anyone who insisted on DNA testing of the rag found at a construction site well away from the scene of the crime risked sounding like a lunatic.  

Without DNA, the theory of a complete stranger breaking into the Morton house, murdering Mrs. Morton, then leaving a bloody rag on his way out would be laughed out of most courtrooms.  But that turned out to be what happened, right?

How Perry and Bugliosi Flip the Burden

Both experts in their interviews with CNN and The Dallas Morning News respectively flip the burden on conspiracy theorists as above.

Bugliosi points out:

  • No other weapon has been found that can be linked to the assassination.  Oswald was the buyer of the gun in question.
  • All bulletts recovered were from Oswald’s rifle.
  • No other employee of the Texas Schoolbook Depository was missing after the assassination.

Perry points out:

  • Only hearsay supports allegations the mafia is responsible.
  • The military industrial complex didn’t have motive because Kennedy never threatened to pull out of Vietnam.
  • LBJ theories are baseless because Madeline Brown stated she over-heard incriminating remarks from him the day before the assassination at a party she could not have been in attendance at.

But don’t all these points really do the same thing?  They all flip the burden back on flaws of the evidence of the alternate theories.

None of these things fixes the holes in the lone-shooter case.  And if the lone-shooter case isn’t true, then mustn’t there be a conspiracy of some sort?

If there was a conspiracy, we’ll never know what it was.

.

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


Jail Release for a Juvenile Under 17 Years In Texas

November 17, 2013

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)

Juvenile arrests in Texas (children younger than 17 years of age) are different from adult arrests.

Whereas an adult has a right to see a magistrate within 24-48 hours after arrest (depending on the level of offense), a juvenile has no such right.  See Texas Family Code Chapters 53.02 and 54.01.

The Immediate Determination

A Judge or “other authorized officer” makes an immediate determination as to weather the child should be detained under factors which include;

(1) whether or not the juvenile is likely to abscond,

(2) the degree of parental supervision at home,

(3) whether a firearm was involved,

(4) and the likelihood of re-offending if released.

For more specifics, you can read Tex.Fam.C. 53.02.

After the Immediate Determination

If it is determined that the child should be detained under 53.02, then “not after the second working…

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