What I Like About Defending DWI Cases Collin County

May 28, 2014

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

By Collin County Criminal Defense Lawyer Jeremy Rosenthal

www.thecollincountylawyer.com

(972) 369-0577

Defending driving while intoxicated case presents a unique challenge to lawyers.  This is because long before entering the courtroom, you can detect a stiff headwind of resistance working against you which lasts the entire case.

You get the sense the legislature, lobbyists and victim advocacy groups, and even many jurors don’t stop to consider whether the police are right when they make an arrest.  Even the news media runs article after article about how if the courts and police were just meaner and tougher on these cases — they would somehow go away.  There is an unmistakable and heavy bias which reaches far beyond whether drunk driving is a problem — and assumes everyone suspected of DWI is guilty.

No one wants drunk drivers on the road.  Everyone’s heart breaks for victims of drunk drivers.  The vast majority of…

View original post 253 more words


America’s Imprisonment Crisis

May 23, 2014

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

By Collin County Criminal Defense Lawyer Jeremy Rosenthal

www.rosenthalwadas.com

(972) 369-0577

Today I’m going to share a great piece I saw this morning on CBS Sunday Morning called “Incarceration Nation“.  The stats are stunning.  America jails a higher percentage of it’s population than any other country on the planet.  We account for 5% of the worlds population but 25% of the worlds inmates.  It’s even more puzzling when our national crime rate has dropped by more than 40% over the last 20 years.

The story will make you think twice the next time you hear a politician trying to score cheap points by being “tough on crime.”  The Texas legislature has made a push in recent years to alleviate the burden drug cases cause the system, yet the legislature continues to toughen it’s vice grip on other crimes with harsh mandatory minimum sentences and eliminating parole opportunities.

*Jeremy…

View original post 56 more words


Why Acquittals Normally Don’t Make the News

May 12, 2014

By Collin County Criminal Defense Lawyer Jeremy Rosenthal

www.rosenthalwadas.com

(972) 369-0577

The reason is simple.  The vast majority of people charged with crimes generally aren’t in the news to begin with and they want to keep it that way even if they win.

Publishing a win actually defeats the purpose of wiping a record clean with an expunction. Erasing every trace of the arrest everywhere was the goal in the first-place.

Law enforcement, on the other hand, has every reason to make announcements and otherwise publish cases which put them in a positive light.

The result is that in the paper, we tend only to read about the wrong-way drunk driver or meth addicts who say they’re wearing someone else’ pants.

But that’s not reality.

I won two trials last week (Sorry, you knew I had to do some bragging).  Neither case will make the news nor should they.  The fact is people are acquitted every day for countless reasons…

  • The police made up their mind at the beginning of an investigation & wouldn’t let the facts get in the way;
  • Prosecutors chose to believe an accusation from someone which wasn’t substantiated with anything other than emotion;
  • Police played doctor during a DWI arrest rather than let medical professionals determine if a person’s behavior was due to some other factor than pills or alcohol;
  • An officer profiled teenagers out late and in doing so stretched the law a bit too far in making a stop…

…And the reasons for acquittals go on, and on, and on….

The point I’m trying to make is this — what we read in the newspaper and what we see on TV are true stories that leave a skewed impression.  And whats the harm in that?  It causes jurors to be more skeptical of defense theories (and then everyone acts shocked when someone’s been behind bars for 25 years for a crime they didn’t commit).

But the truth, as with most things in life, is somewhere in the middle.

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


Texas Criminal Statutes of Limitation

May 9, 2014

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

By Collin County Criminal Defense Lawyer Jeremy Rosenthal

(972) 369-0577

www.rosenthalwadas.com

Updated May 9, 2014

Texas current criminal statutes of limitation are governed by Texas Code of Criminal Procedure Chapter 12.  The statute of limitation is the deadline for the State to file an information (the charging document in a misdemeanor) or for a grand jury to issue an indictment (in a felony).

The prosecution has met the statute where the file the case prior the expiration of the statute — even if they don’t apprehend the defendant prior to the statute.  The delay in apprehending a defendant, though, is a separate issue.

2 Year Statute of Limitation:

All misdemeanors

Includes

  • First and Second DWI arrests
  • DWI with greater than 0.15
  • Possession of Marijuana of 4 oz or less
  • Assault causing bodily injury
  • Vandalism (Criminal mischief) up to $1,500 damage
  • Theft up to $1,500

3 Year Statute of Limitation

Any felony…

View original post 326 more words


Insurance Fraud

May 8, 2014

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

By Dallas and Collin County Criminal Defense Lawyer Jeremy Rosenthal

(972) 369-0577

www.rosenthalwadas.com

Insurance fraud is governed by Chapter 35 of the Texas Penal Code.  It can be summed up as lying to an insurance company to attain benefits and/or coverage, but you should read the statute to clear up any questions you may have.

The statute makes several types of insurance fraud illegal.  To be guilty of insurance fraud, one must intentionally or knowingly present false or misleading material information to the insurance company.  An example of this might be that someone reports a car accident occurred — which never actually occurred to get insurance money.

Another way the crime is committed is to have instead the person who prepares or causes  to be prepared the insurance claim be accountable for any fraudulent statements.  An example of this is where someone goes to the dentist to have their teeth…

View original post 429 more words