Shock Probation — Converting a Prison Sentence to Probation

October 15, 2015

By Collin County Criminal Defense Lawyer Jeremy Rosenthal

www.rosenthalwadas.com

(972) 369-0577

“Shock Probation” allows a trial judge to convert a prison sentence into probation.  This can be after a plea bargain, a bench trial, or a jury trial where the Defendant is sentenced to prison.

Texas Code of Criminal Procedure Section 42.12(6)(a) allows the trial court to retain jurisdiction “for 180 days from the date the execution of the sentence actually begins” and the judge can place the defendant on probation if the defendant is otherwise eligible.  These do not apply to State Jail Felonies, however, other probation programs apply to those charges.

In other words, the defendant must still (1) be sentenced to less than 10 years of prison and (2) not have been convicted of a felony in this state or any other State.  The Judge cannot grant shock probation where the Judge couldn’t otherwise — meaning “3(g) offenses” such as murder, aggravated robbery, aggravated assault, aggravated sexual assault of a child, indecency with a child, or injury to a child to name just a few.

So here is how it works… after someone is sentenced (for example after a jury trial), the lawyer files a motion for shock probation under 42.12(6)(a).  The judge can deny the motion without a hearing but cannot grant the motion without a hearing.  The Judge must grant the request within 180 days of the date the execution of the sentence actually beings or it would be over-ruled as a matter of law.

Shock probation and an appeal are not mutually exclusive and both can be done.

A motion for shock probation is a great “second bite at the apple” and should be considered where a trial or plea bargain went wrong.

*Jeremy Rosenthal is an attorney licensed in the State of Texas.  He is board certified in Criminal Law.  Nothing in this article should be considered legal advice.  For legal advice about any situation you should contact an attorney directly.


Defending Allegations of Child Sexual Abuse

October 15, 2015

By Collin County Criminal Defense Lawyer Jeremy Rosenthal

(972) 369-0577

www.rosenthalwadas.com

No one anywhere approves of sexual abuse of children and no one anywhere approves of destroying the lives of the innocent.  The clash of these two core values in the courtroom are not for weak or timid lawyers.

The Deck is Stacked Against You

I’ve got bad news.  If you are being questioned about child sexual abuse charges — the police, CPS, or Children’s Advocacy Center very likely think you are a child predator even though they may not tell you directly.

The legislature has given law enforcement more than enough ammunition to destroy the lives of those accused of child sexual abuse.  If you think you are being accused of such charges you must contact an attorney immediately.

What Makes Being Charged with these Crimes So Severe?

Here are some of the obvious:

(1) The Harshness of the Penalties.  Aggravated Sexual Assault of a Child carries a penalty of 5-99 years in prison.  If the victim is under 6, then it is 25-years to life with no parole.  Indecency with a Child can be either 2-10 years of prison or 2-20 years of prison based on the elements. Continual Sexual Abuse of a Child carries a 25-life sentence with no parole.

(2) The Destruction of a Family.  Many sexual abuse cases involve family members or close family friends.  Allegations often cause family members to take sides against one another.  These cases can be contentious as you can guess so it stands to reason many wounds never heal regardless of the outcome.

(3) The Stigma.  The label, stigma and shame of being a sex offender is obvious — if the first two consequences weren’t enough.  Whereas a theft charge, drug charge or even a robbery charge might allow someone to still fit into society as a productive member after their debt is paid — someone labeled as a sex offender has a much bigger (if not impossible) challenge to rebuild their life.

What Your Lawyer Must Be Able to Do

They must show the jury destroying the life of an innocent person is intolerable even if it is being done with the best of intentions.  To accomplish this, your attorney must know the facts of the case better than the prosecutor, understand the law better than the prosecutor, and have a skilled plan of attack.

*Jeremy Rosenthal is an attorney licensed to practice in the State of Texas and he is certified in Criminal Law by the Texas Board of Legal Specialization.  Nothing in this article is intended to be legal advice.  For legal advice about your case or any situation you should contact an attorney directly.  Contacting the attorney through this blog does not create an attorney-client relationship.  Additionally comments, posts, or communications through this blog are not confidential.


People Giving Legal Advice — That Shouldn’t Be Giving Legal Advice

October 15, 2015

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

By Dallas and Collin County Criminal Defense Lawyer Jeremy Rosenthal

www.rosenthalwadas.com

(972) 369-0577

As even keel as I try to be — nothing gets under my skin more than people giving legal advice that have no business giving legal advice in criminal cases.  Everyone has opinions, their own experiences, and what they believe to be common sense — but I’m not really even talking about that type of stuff.

The “legal advice” I’m talking about is when the very same police officer that arrests you for DWI — also tells you that you need to just talk with the prosecutor to see if you can get a good deal… or when court staff or personnel tell you it might be easier to just talk with the prosecutor rather than get a lawyer… or when a bail bondsman tells you that your case is hopeless and hiring a lawyer is a…

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Your Right to a Speedy Trial

October 14, 2015

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

By Collin County Criminal Defense Lawyer Jeremy Rosenthal

(972) 369-0577

www.rosenthalwadas.com

Being accused of a crime sucks.

The framer’s of the constitution knew this which is why the U.S. Constitution guarantees our right to a speedy trial in the Sixth Amendment. Texas also guarantees the right to a speedy trial in Texas Code of Criminal Procedure section 1.05.

If the State violates your right to a speedy trial — the Judge can dismiss the case. Your right to a speedy trial exists on any case whether it be DWI, drugs, marijuana possession, assault, theft or other serious felonies.

Speedy trial law can be extremely complicated believe it or not. I’ll avoid they hyper-technical legalese for the sake of easy reading but you should understand in this area there are no real bright-line rules that will get a case dismissed. Rather, a denial of a right to speedy trial is viewed by…

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Criminal Mischief

October 8, 2015

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

By Collin County Criminal Defense Lawyer Jeremy Rosenthal

www.rosenthalwadas.com

(972) 369-0577

Criminal Mischief is the essentially Texas’ way of labeling vandalism.  Under Tex.Pen.C. 28.03, a person commits an offense if, without effective consent of the owner, he intentionally or knowingly damages or destroys the tangible property of the owner; intentionally or knowingly tampers with the tangible property of the owner and causes pecuniary loss or substantial inconvenience to the owner or a third person; or intentionally or knowingly makes makings, including inscriptions, slogans, drawings or paintings, on the tangible property of the owner.

The level of offense of a criminal mischief case stems from the amount of damage to be alleged just as in theft cases.  Less than $50 of damage is a Class C misdemeanor; $50 to $500 is a Class B, $500 to $1,500 is a Class A; $1,500 to $20,000 is a State Jail Felony; $20,000 to $100,000…

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