How Do You Get Someone Out of Plano Jail on a DWI?

November 12, 2014

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

Getting someone out of jail is a two-step process.  A bond (amount of money paid to the County to secure the release of an arrested person) must (1) be set; (2) and then paid or otherwise satisfied.

Bond can be set one of two ways in Plano, Collin County, for a first, second, or DWI over 0.15 arrest:

1.  Writ Bond

Collin County has a process described as a writ bond as a way to release people from jail without having physically appearing before a magistrate judge.  This is a writ of habeas corpus filed by an attorney on behalf of the accused which triggers an instant cash bond with the county.

Once the bond is paid, the person is released (assuming they have no other holds or unaddressed charges pending).

2…

View original post 445 more words


Deferred Prosecution for Minors

November 11, 2014

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

By Collin County Criminal Defense Lawyer Jeremy Rosenthal

www.rosenthalwadas.com

(972) 369-0577

In Texas juveniles (under the age of 17) that are alleged to have committed crimes can be considered for what is known as “Deferred Prosecution” under Texas Family Code 53.03.

Deferred prosecution means that the juvenile completes an informal probation with the county and if that probation is successfully completed, then the charges are dismissed and not formally prosecuted.  If the juvenile cannot successfully complete the deferred prosecution, then they can be formally prosecuted.

Deferred prosecution for juveniles is better than deferred adjudication is for adults in adult proceedings.  In the adult world, the accused pleads guilty to the underlying charges but forever waives their ability to contest the original charges. Also, in the adult-system, the accused must gain the consent of the prosecutor to get deferred adjudication — not so in the Juvenile Court.  In Juvenile Court, the…

View original post 124 more words


What is Aggravated Assault in Texas?

November 5, 2014

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

By Collin County Criminal Defense Lawyer Jeremy Rosenthal

www.rosenthalwadas.com

(972) 369-0577

Aggravated assault can happen one of two ways.  For either way, an assault must be committed pursuant to Tex.Pen.C 22.01 AND one of the following two circumstances must have occurred:

1.  the person causes serious bodily injury to another, including the person’s spouse; or

2.  uses or exhibits a deadly weapon during the commission of the assault.

“Serious bodily injury” is defined by Texas Penal Code Section 1.07(46) as, “bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.”

Aggravated assault is a 2nd degree felony and carries with it a prison term of between 2 and 20 years in the Texas Department of Corrections and a fine not to exceed $10,000.

Aggravated assault can be a 1st degree…

View original post 292 more words