Bringing Medication With You on Vacation

December 9, 2019

By Criminal Defense Lawyer Jeremy Rosenthal

www.rosenthalwadas.com

(972) 369-0577

Disclaimer – I’m writing this blog as a public service, not because we handle or help coordinate this type of situation.  We would only get involved if you actually got arrested – and did so in Texas.  We’ve just gotten enough calls about this topic for me to throw up a blog about it.  Also, I’m licensed in Texas so I can tell you laws here but not elsewhere.

That said – possessing drugs without a perscription is typically a criminal offense.  Texas has an affirmative defense that if you have a prescription for the medication then it isn’t an offense.  So it would always seem safest to travel with the prescription bottle or container right there on the label.  I can’t imagine that isn’t the law everywhere in the U.S.

Don’t mix medications within one container, consolidate medications in one container, or take your medications in an unlabled baggie or container.  Those would all be recipes for getting hassled.  Bring only the amount you need or anticipate needing while budgeting for an emergency.

Here is a good article from the NY Times about traveling with medication.  Good luck and enjoy your safe travels!  If you have any additional questions then you should contact an attorney directly.

*Jeremy Rosenthal is Licensed in Texas and is Board Certified in Criminal Law.

 


What is a Magistrate’s Order for Emergency Protection?

November 18, 2019

By Collin County Criminal Defense Lawyer Jeremy Rosenthal

(972) 369-0577

www.rosenthalwadas.com

These are known as Emergency Protective Orders or EPOs.  They can be extremely disruptive, costly, and exacerbate emotional distress of the entire family on top of the havoc a domestic violence arrest already inflicts.

Texas law allows a police officer making an arrest to ask a magistrate judge for an EPO.  The officer does not need the consent of anyone else including the complaining witness to seek the Order.

Violation of the Order can be a serious misdemeanor as well.  Each Emergency Protective Order is different from the next.  Don’t assume an EPO prohibits or doesn’t prohibit certain activities.

Most of these orders require the accused to stay a certain distance away from the alleged victim and other family members.  They also often prohibit either direct or indirect communication.

Direct communication is typically construed as phone calls, text messages or communications on social media.  Indirect communication is typically where the Defendant has a friend — often a mutual friend – make contact with the complaining witness.  Both are normally violations.

The length of the EPO can vary but for most assault cases in Collin County they may last either 91 or 61 days.

An EPO Can Be Destructive

Following an Emergency Protective Orders can require a person live in a hotel or other temporary accommodations because they are prohibited from going to their residence.  Two months in a hotel means two months of paying double for housing.  Further, where a couple has children, one parent — usually the complaining witness — is saddled with 100% of the childcare for that time as well.  While the goal is to allow a couple time away to that emotions and physical conflict cool it can have the effect of throwing a family further in chaos.

How do I Get My Stuff?

EPOs create immediate logistical headaches.  If you can’t call your spouse or can’t communicate with them through a friend — then how are you supposed to get your clothes, work laptop, or medications?

Most Protective Orders provide for some type of safe harbor within the first 24 hours to get these things arranged.  Read the fine print carefully.  You may be allowed to have a friend or representative get whatever you need quickly.

What to Be Careful about with Emergency Protective Orders

Always make sure you read the details carefully — and if you have any questions at all about the specific provisions of your EPO be sure to ask a lawyer.

Communicating with the protected person while under an EPO can lead to lots of problems.  Frequently it is the victim reaching out to the Defendant — but no matter — the Defendant still commits an offense by engaging in that communication.

What Can A Lawyer Do?

A Lawyer Can Communicate Directly with the Alleged Victim

I’ve yet to see a protective order without language exempting the lawyer from the communication prohibition.  This is because lawyers have legal and ethical duties to investigate their case.  Don’t expect your lawyer to be an on-going courier or go-between, however, your lawyer can assist in coordinating necessary issues in addition to planning towards long-term goals of your case.

A Lawyer Can Help Get the Order Modified

Most judges will modify a protective order so long as everyone is in agreement — usually both spouses or both persons involved in the altercation.  The magistrate may drag their feet or do it slowly so as to allow the parties a colling down period but most magistrates don’t wish to impose the additional hardship an EPO can cause.

 

*Jeremy Rosenthal is Board Certified in Criminal Law and is licensed to practice in the State of Texas.

 


Do I Need a Lawyer for Domestic Assault?

November 16, 2019

By Criminal Defense Lawyer Jeremy Rosenthal

www.rosenthalwadas.com

(972) 369-0577

Absolutely.

Politicians in Austin frequently try to impress their constituents by getting tougher, and tougher, and tougher with these cases.  The result are laws which seem to get worse and worse and are filled with trap doors designed to punish people forever.

Machine-Type Prosecution

Prosecution in these types of cases tends to be delegated to a specific division of most larger DA’s offices. Their approach is often a one-size-fits-all and is dictated by policy and their theories about domestic violence rather than the facts of any specific case.  Some prosecutors will hear your side of the story out — and many others will pretend to hear you out.  What the prosecutor really needs to do is fear they will lose if you took the case to trial.  A person without a lawyer is definitely at a disadvantage.

The Law is Complex

Though the politicians in Austin and the prosecutors might feel as though everyone accused is guilty — the good news is the framers of the U.S. Constitution didn’t.  There are strong constitutional protections in Assault/ Family Violence “AFV” cases from your right to confront witnesses under the 6th Amendment.

Also, there are several common defense which often apply in the form of self-defense or consent.  Knowing how these defenses apply and work in a courtroom is not simple either.

Beware of Long-Term Trap Doors

AFV cases are laden with traps designed to ensnare those accused into pleading guilty.  The state normally tries to levy an “affirmative finding of family violence” even when someone gets the case reduced or takes deferred adjudication.  This finding can enhance future allegations to felonies, can prevent firearm ownership, and can even prevent future adoption… but not much of this is advertised on the front end.

Also – there are restrictions on hiding these cases from the public even where you’ve successfully completed a deferred adjudication which, again, can be very legally complex.

You Need A Lawyer

If you read the rest of my blog posts then you can see I’m not big on scare tactics.  There are probably cases here and there where you might not need a lawyer.  This isn’t one of them.  Domestic assault is one of several legislative flash-points in Austin.  Don’t do this alone!

*Jeremy Rosenthal is Board Certified in Criminal Law by the Texas Board of Legal Specialization.  He is a Licensed Attorney in the State of Texas.


How Smart Phones Have Revolutionized Criminal Law

November 15, 2019

By Collin County Criminal Defense Lawyer Jeremy Rosenthal

(972) 369-0577

www.rosenthalwadas.com

Smart phones have revolutionized trial practice in the 21st Century.

How?  Because everyone old enough to be charged with a crime carries around a box of evidence with them.  The smart phone can tell who you talk to,  what messages you send to others, where you’ve been, what you’ve bought, and scariest of all — when you combine all these things — they tell others what you’re thinking.

And that’s not just you carrying around this box of evidence — it’s everyone.  I saw a commercial the other day which suggested we have more information about us in our phone than in our entire house!

So how do we make smart phones work for the defense?  It helps us get to the truth — which is virtually never as one-sided as the prosecution believes.  We can establish alibis, witness bias and witness motive — and that’s just the beginning.

Compulsory Process under the 6th Amendment to the U.S. Constitution allows us to subpoena records and smart phone data either directly from an adverse witness or from third-party providers such as Facebook, Instagram, or SnapChat.

In complicated trials and cases — it always makes sense to make smart phone technology one of the core foundations of an investigation.  We might know we know certain facts in a particular case — and smart or cell phone technology help us turn those facts into concrete instead of risking a swearing match.

*Jeremy Rosenthal is Board Certified by the Texas Board of Legal Specialization and is a licensed attorney in the State of Texas.

 

 

 

 


Why Does My Lawyer Keep Continuing My Case?

November 12, 2019

By Criminal Defense Lawyer Jeremy Rosenthal

(972) 369-0577

www.rosenthalwadas.com

It could be taking extra time to prepare.  It could be strategy.  It could be a red flag.

Taking Extra Time to Prepare

Your Lawyer should always obey “the carpenter’s rule.”  Measure twice, cut once.

Some cases are just harder and more complex than others.

A sexual assault at a party with 8 witnesses (each with different accounts) takes some time to prepare.  The prosecutor may be extremely dug in and there could be some complex legal issues as well.

A white-collar securities scheme with 3,400 documents to pour through can be tough too.  Federal drug conspiracies where the lawyer gets a few hundred hours of wire-tap phone calls obviously take a while too.

These are all really valid reasons for delay.

Delay for Strategy

I’ve delayed cases for strategical reasons.  It could be because my client has other pending legal matters which I’d like to get resolved first.  It might be because I’m trying to expunge records in one county and I have to do so before my client’s case goes to trial in another county.  A lawyer could even have a case delayed so their client can stay in the local jail with air conditioning during the summer knowing when the case was over they still had to go back to their prison unit without AC (I’m not saying I’ve done this and I’m not saying I haven’t, either!)

Sometimes it’s the Prosecution’s Fault

Sometimes the State isn’t ready.  They need to do more investigation and/or preparation for their case to go to trial as well and the Judge allows them leeway the same way they allow us leeway.  Lab testing blood in DWI cases and drugs can take months and months.  It’s the speed of government.

When are Repeated Continuances a Red Flag?

Every case is it’s own snowflake.  That said, if you have a relatively common  case such as a DWI, assault, or drug charge and your lawyer is delaying, delaying, and delaying and the reasons don’t make sense — it could be something to become concerned about.

DWI, assault, drug and theft charges are extremely common and we handle lots of them.  We know what we’re looking for to defend the cases and we’re quick to find and ferret-out the important issues.  There are very few legal issues in Driving While Intoxicated cases, for instance, we haven’t seen before or know exactly where to look for the answer.

Many lawyers are simply over-worked.  They use time poorly and “borrow from peter to pay paul” with their time.  They are used to putting out the hottest fire every day — and when that case isn’t your case — you get to wait.  Also many lawyers can get “paralysis by analysis.”  That is they just can’t make a decision and they use delay because they can’t figure things out.

Bottom Line

I should add many clients are okay with a slow pace in which case we accommodate this.  It makes me think of when I was waiting for my bar results.  I had a great time not knowing one way or another for 3 months.  I just don’t like going to court and not accomplishing anything.  I do see lawyers who just pass, and pass, and pass their cases over and over and I don’t get it.  The courts do push lawyers to get cases through… but rarely should it get to that point.

*Jeremy Rosenthal is Board Certified in Criminal Law by the Texas Board of Legal Specialization.  He was designated as a Super Lawyer in 2019 by Thomson Reuters.