Our Number is (972) 369-0577. Put it In Your Phone Right Now. Yes, YOU!

June 13, 2017

By Texas Criminal Defense Lawyer Jeremy Rosenthal

www.rosenthalwadas.com

(972) 369-0577

Put our phone number in your phone right now.  It is (972) 369-0577.

Why do you want a criminal defense lawyer’s number in your phone?  It should be self explanatory but many don’t think they’ll ever need it.  Fair enough.

There are two main reasons.

The First Reason

I recently spoke to several groups of non-lawyers about criminal justice.  They were interested in my topic but not particularly excited or passionate.  Why should they be?  To them criminal cases happen in newspapers or on television and — like advertising — it might affect a few people out there but it doesn’t affect them.

At the most recent lecture, I decided to bring the topic home for a more engaging discussion.  I wanted the audience to know why they all needed our phone numbers in their phone.  And the answer is simple —  You don’t lead a life of crime and you don’t plan on getting arrested…? GREAT!  Me too!

But Rosenthal & Wadas has built a big criminal defense law practice right here in the suburb of McKinney, Texas?  How did we do that…?  Because people’s sons, daughters, aunts, uncles, grandsons, granddaughters, sisters, brothers, friends and co-workers are getting arrested here.  They get arrested for DWI, domestic violence, drug charges, embezzlement, sexual assault and on and on and on.

Now, when a criminal case gets hot — it gets hot.  When the arrest or accusation happens — the case is hot.  We potentially create more value by getting into a case right at the beginning than at any other time.  This is because we can represent someone during an investigation or sometimes just help put the fire of an arrest out so we can begin getting to the bottom of what happened to get the best end result.

Sometimes key legal advice or representation at the inception of a case can make the whole thing go away.  You read that right.

So if you don’t plan on ever getting arrested — great — but put our number in your phone for when you get an unexpected call from a co-worker, friend, or just a non-conformist family member.  People’s friends and loved ones are being arrested every-day right here in Collin County and they’ll often turn to you looking for direction.  I hope it is never your loved one, but why not be prepared?

Our office has a lawyer on call 24/7.

The Second Reason

Putting our number in your phone is free.  (972) 369-0577.

Do it now while you’re thinking about it.

*Jeremy Rosenthal is Board 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 any specific situation you should contact a lawyer directly.

 

 


Can I Get Sued Because of A Criminal Case… Or Vice Versa… Can I Be Charged With a Crime because of a Civil Case?

November 30, 2016

By Collin County Criminal Defense Lawyer Jeremy Rosenthal

www.rosenthalwadas.com

(972) 369-0577

Today I’ll discuss a question I get from time to time in various forms:

  • “Can I also get sued even though I’m being criminally prosecuted?”

… and the same question in reverse,

  • “I’m getting sued right now (or being threatened with a lawsuit)… could they also criminally prosecute me?”

…another common one is,

  • “Can someone threaten me with criminal charges to get me to settle a civil dispute?”

Could Someone Being Criminally Prosecuted also be Sued?

Yes, but it’s very rare and comparing a criminal prosecution to a civil lawsuit is like comparing a knife fight to a pillow fight.  I might be more biased because I handle criminal cases but I tend to think they’re far more serious than civil cases — though civil cases can be thoroughly unpleasant too.

Most crimes where there is an accuser or victim involved can almost certainly trigger civil liability.  Civil causes of action are far easier to bring and are generally easier to prove-up (because they’re just trying to take your money and not your liberty — or so the theory goes).

Probably the most common scenario I see is a car accident case where DWI might be alleged.  Even that is mostly insurance companies duking out who will pay for what.

A criminal prosecution is often a ‘poor-man’s’ lawsuit.  Going to the police and making the prosecutor’s telephone ring off the hook is free.  Paying for your own lawyer to make someone else’s life miserable is a luxury.  Hence the rarity of seeing both a civil and a criminal prosecution.

Ultimately my instinct is defend the criminal case first and worry about civil liability second.  This is because of the severity of criminal prosecution and the punishments are simply not equivalent.

I’m Being Sued (or Threatened with a Lawsuit).  Could this Turn Criminal?

Again, very rarely.

While most crimes involving victims or accusers trigger criminal liability as well — the reverse is not nearly as true.  Civil causes of action are far more problematic to convert to criminal charges.  This is for all sorts of reasons… civil cases are often based in negligence, or misunderstandings, or questions about who pays for an unexpected loss.

Most parties in a civil proceeding have little, if any, interest in pursuing criminal actions.  Generally they just want whatever relief they think they might be entitled to.  That could be things such as money or an injunction of some sort.

Also, police are very reluctant to get involved in what they perceive to be a civil dispute.  They have enough to worry about and a complicated civil matter is often an easy “we can’t help you” situation.

Certain cases criminal value are extremely diminished when civil liability is sought first.  Think of a sexual assault case where the accuser first tries to get a settlement or sues the perpetrator before going to the police.  What might have been a solid case is now stained by questions about what could be the accuser’s real motive.

A normal exception would probably be certain white-collar cases where both victims have abundant resources and state or federal investigating agencies are interested due to the sheer amount or volume of a crime in question.  Again, though, keep in mind these are not your garden variety or every-day case.

Can Someone Threaten Criminal Prosecution To Get a Civil Settlement?

No.  That’s blackmail.  Think about it… “Pay me money or a I’ll go to the police.”  Generally lawyers or companies that make these types of threats word them extremely carefully.  They make it clear you are settling civil liability only.  Don’t get me wrong — they’re normally happy to let you think that by settling the civil case — you’re keeping a criminal matter “hush hush.”

While it’s okay to settle civil liability through a private settlement — no private party or entity can threaten criminal action nor waive the State or Government’s right to prosecute.

*Jeremy Rosenthal is licensed to practice law 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 on any situation you should contact an attorney directly.

 

 

 


24-Hour Criminal Lawyer

October 28, 2016

By Board Certified Collin County Criminal Lawyer Jeremy Rosenthal

(214) 724-7065 (24-hour line)

www.rosenthalwadas.com

Call if you’re having a criminal law emergency.

Examples of things the lawyers at our office can help with 24/7 are:

  • Police want to interview you or a loved one about anything;
  • You have reason to believe you or a loved will are or soon will be investigated;
  • Law enforcement has just executed a search warrant on you or a loved one;
  • A loved one has been arrested for a felony or Class B Misdemeanor or higher and you don’t know what to do;
  • A loved one is being held in jail without bond;
  • You or a loved one are concerned about probation violations;
  • Any other type of “bomb-shell” which you know or suspect needs a lawyer;

Criminal law emergencies come in many shapes and forms, so if you have a question please call.  (Please, no traffic tickets or traffic warrants).

All calls are confidential pursuant to Tex.R.Evid. 503(b)(2).  Rosenthal & Wadas has a team of 7 lawyers so someone will be available 24/7 to help.

 

Common Mistakes People Make With Criminal Law Emergencies

  • They Self-Diagnose on the Computer

There is only so much you can google about a situation where someone has an urgent criminal legal problem.  There is no substitute for picking up the phone and calling a lawyer who has handled thousands of cases.  If you had a true medical emergency, would you call 911 or would you go to a search engine?

  • They panic too Little

I can’t tell you how often someone comes into my office after it’s too late.  They considered calling a lawyer earlier but because they didn’t their situation is worse than it was before.  People often follow their gut instinct which is understandable.  The problem when you face an unknown and new situation is “you don’t know what you don’t know.”  We’ve handled thousands of cases.  We can tell you if there is a problem or not and what to do.

 

  • They Panic too Much

We can help ease the stress for some problems — which just aren’t problems.  We do see plenty of cases where someone or their loved one is worried sick about a situation that isn’t worth the mental strain of the worry.  Nothing makes us happier than to give some good news and help people understand criminal proceedings, consequences, or jail is simply unrealistic or far-fetched.

Your Call is Welcome 24/7

If you’re having a criminal law emergency, please call (again, no traffic tickets or warrants please).  If you’re just web-surfing then put the phone number in your phone.  I hope you never need it, but putting it in your phone is absolutely free and it could save you valuable time if you ever do need to find a criminal lawyer in a hurry.

 

*Jeremy Rosenthal is an attorney licensed in the State of Texas and 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.

 


Why We Defend Sex Crime Allegations

June 3, 2016

By Collin County Criminal Lawyer Jeremy Rosenthal

www.rosenthalwadas.com

(972) 369-0577

We defend sex cases because injustice turns our stomachs.

Everyone feels the need to protect the innocent and vulnerable victims of sex crimes.  Who doesn’t feel like running through a wall to protect someone from such an atrocity?  But those strong emotions can easily go out of balance and out of whack and can ultimately blind us to the fundamental issue of whether the allegation is true to begin with.

Sex crime allegations have the possibility to be emotionally fueled rather than factually fueled more than practically any other crime – especially if a child is alleged to be the victim.  As a result it there is a potential for life-alterning unfairness.

Many sex crime allegations lack fundamental physical evidence you might see in a drug case, dwi case, or an assault case.  It makes sex cases harder to prove — and much, much harder to defend.  In addition, law enforcement are highly polished in how they present evidence and are able to spin neutral facts or facts in the accused favor against the accused.

Our clients and their families constantly ask us how or why law enforcement is so selective about the facts they choose to believe, why they are deaf to facts which contradict what they believe, and why they reject logic inconsistent with what they believe.  The answer is more simple than we’d like.  It isn’t because they’re bad people… It is because they’ve made up their mind.

Debating them about the facts can be like trying to convince someone they’re wrong about religion, politics or their favorite football team.  It’s not going to work often.  But the good news is we still live in America – and the police don’t get the ultimate decision on whether you or your loved one is guilty.

Fighting injustice to a jury is a hard thing to do.  It takes hard work, attention to detail, and mastering the facts better than your opponent.

*Jeremy Rosenthal is an attorney licensed in Texas and he is Board Certified in Criminal Law.  Nothing in this article should be considered legal advice.  For legal advice about any situation you should consult 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.