Board Certification in Criminal Law

June 30, 2015

By Collin County Criminal Defense Lawyer Jeremy Rosenthal

(972) 369-0577

I recently became Certified in Criminal Law by the Texas Board of Legal Specialization.  Those who know me know I’m not big into telling everyone how many pushups I can do, what a “tough-guy” I am, or how many dragons I’ve slain in the past as a defense lawyer.

I’ve certainly taken my lumps in this profession which any lawyer (who is being honest) will admit to taking as well.  Fortunately as time goes on my lumps have become less and less and my happy results have become more and more.

I think Board Certification is important not only for professional development but also from the standpoint of my clients.

Board certification has always been a goal for me.  This is because (1) it is my profession which I take very seriously (I don’t know why someone wouldn’t want to excel in their given endeavor); and (2) I knew the process in and of itself would make me a better lawyer.

There is a strenuous application process, a large amount to study, and finally a very nasty test the likes of which I would place alongside the bar exam in difficulty.  This was a very time consuming process which took time away from my practice and my family.

I do feel the sacrifices I made in this process were worth it to help my clients.  I hope they think so too!

*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 lawyer directly.



What is the Difference Between a Misdemeanor and a Felony?

June 30, 2015

By Collin County Criminal Defense Lawyer Jeremy Rosenthal

(972) 369-0577

Felonies are punishable by possible jail over 1 year and misdemeanors are punishable for 1 year or less under Texas law.

Beyond that, Felonies obviously carry a somewhat more negative stigma meaning it is more difficult to be hired for a job, get a loan, or even be allowed to coach your child’s athletic team.

Collateral Consequences

Felonies also carry more collateral consequences — or consequences which aren’t directly related to criminal punishment itself than misdemeanors.  For example, being a felon can make firearm possession illegal, can prohibit you from holding public office or even from voting.

Felonies typically have more adverse immigration consequences than misdemeanors though immigration courts tend to use their own guidelines when determining the severity of a crime.

Crimes of Moral Terptitude

Some misdemeanors can have consequences every bit as severe as felonies.  Examples can be theft charges which can make professional licensing more difficult.  A theft charge on someone’s record can cause someone to lose job opportunities where trust is required such as an being a bookkeeper or sales clerk.

Affirmative findings of family violence can also carry felony-like consequences for the purposes of future enhancement or the denial of 2nd Amendment firearm rights.

*Jeremy Rosenthal is an attorney licensed in the State of Texas.  He is Board Certified in Criminal Law.  Nothing in this article is intended to be legal advice.  For legal advice about any situation you should consult an attorney directly.



Computer Crimes: Breach of Computer Security

June 15, 2015

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

By Collin County Criminal Defense Lawyer Jeremy Rosenthal

(972) 369-0577

The Texas Penal Code Section 33.02 criminalizes accessing another person’s computer or computer network without their effective consent.  Specifically, subsection (a) of that provision says, “A person commits an offense if the person knowingly accesses a computer, computer network, or computer system without the effective consent of the owner.”

A “Computer” is defined by Tex.Pen.C. 33.01(4) as “an electronic, magnetic, optical, electrochemical, or other high-speed data processing device that performs logical, arithmetic, or memory functions by the manipulations of electronic or magnetic impulses and includes all input, output, processing, storage, or communication facilities that are connected or related to the device.”  Even though I’m no tech guru, it would seem to me this definition would fit almost any smart phone such as an iPhone or Blackberry.

“Effective Consent” is defined by Tex.Pen.C. 1.07(19).  That definition nullifies consent if the consent…

View original post 282 more words