The Top 6 Things You Should Know Before Pleading Guilty

January 29, 2015

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

By Collin County Criminal Defense Lawyer Jeremy Rosenthal

(972) 369-0577

www.rosenthalwadas.com

Pleading guilty may be the best option in a case – but it should never be the first option.  The decision to plead guilty is often not much different than the decision to get a permanent tattoo everyone can see.  You should fully know and understand the consequences and alternatives before making this choice.

1.  What does it mean if I Plead Not Guilty?

It means you are exercising your right to a trial by judge or jury.  Every person has the right to a trial and every person has the right to plead “Not Guilty” to a criminal charge regardless of whether they committed the crime alleged.  There is nothing dishonest or immoral about pleading “Not Guilty” because your claim is essentially the state or government is unable to prove your case beyond all reasonable doubt.  Some backwards…

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Silly Traffic Law = Excuse for Profiling

January 12, 2015

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

By Collin County Criminal Defense Lawyer Jeremy Rosenthal

(972) 369-0577

www.rosenthalwadas.com

Texas probably has thousands and thousands of laws on the books.

There is no such thing as a silly or unimportant traffic law and here’s why:  police profile people and those laws — silly as they may sound — legitimize otherwise bogus traffic stops.  Those stops turn into DWI’s, drug possession charges… and if the citizen isn’t doing anything wrong… the stop turns into general harassment.

To be clear, not all profiling is racial.  Sometimes officers will act on “hunches” about how someone looks, what they drive, or how they act.  Usually, though, there is simply nothing illegal about looking different, driving a particular car, or having a nervous disposition.  The law is clear that these reasons alone aren’t enough for police to detain drivers or passengers on the roads.

In order to stop a car, a police officer…

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Texas Criminal Appeals 101

January 7, 2015

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

By Collin County Criminal Defense Lawyer Jeremy Rosenthal

www.rosenthalwadas.com

(972) 369-0577

Appealing a conviction in Texas can be difficult, but it’s not impossible.

Criminal trials are extremely complex and if the judge, prosecutor, or even your own lawyer have made mistakes — a conviction can potentially be over-turned by the Texas appeals courts.  While an appeal can often represent a great hope — you should know that statistically the odds are long at having a case overturned.  That being said — convictions are over-turned all the time.

The most important thing to remember with an appeal is time is critical.  Some issues can be appealed months and even years after a conviction — but the vast majority of appeals MUST BE FILED WITHIN 30 DAYS of the judgment under the Texas Rules of Appellate procedure.  Also, sometimes a motion for new trial can be granted and the trial judge can…

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Frisco Theft Jail Release

January 4, 2015

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

By  Collin County Criminal Defense Lawyer Jeremy Rosenthal

www.rosenthalwadas.com

(214) 724-7065  – 24 hour line

(972) 369-0577  – Office line

Frisco has policies in place to expedite the release from jail for offenses such as misdemeanor thefts.  A misdemeanor theft is where the value alleged to be taken is less than $1,500.

If you’ve never gotten anyone out of jail before, then here’s a shotgun course — to get someone out of jail in Texas, you need to pay the bond set for the person.  Here’s the problem with most arrests though:  there is a lag time between when the cuffs are put on the accused and when the bond is set by a magistrate judge.  Sometimes that lag can be as high as 24-hours on misdemeanors.  No bond = no release.

Generally theft under $50 (a Class C Misdemeanor) are done at the municipal level and bond is usually…

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