Can I Get Arrested for Texting Someone?

October 29, 2018

By Criminal Defense Lawyer Jeremy Rosenthal

www.rosenthalwadas.com

(972) 369-0577

No, you can’t get arrested for texting someone in Texas but there are several exceptions.

When it is Illegal to text someone in Texas:

  • If you’re the subject of a Protective Order Issued by a Court

You’ll know if this is the case.  The law requires you to have notice and protective orders are normally issued to people arrested and released for offenses such as assault against a family member or other crimes against family members.  Protective orders commonly have “no contact” provisions in them.

  • Threating Messages

It is a crime to communicate something to someone (in any way) which places them in imminent fear of serious bodily injury or death.  You can read the entire statute on terroristic threats and assault by threat here.  The statute extends to threats made which could affect public safety.

  • Harassment

Sending repeated communications is an offense if it is done with the intent to annoy, alarm, abuse, harass, embarrass or offend another.  You can read the entire statute here.

Free Speech Issue

Sending text messages is a freedom of speech issue protected by the First Amendment.  This is why — in the abstract — it is perfectly legal to do it the vast majority of the time.  Your rights under the bill of rights are not absolute however.

The Government CAN limit your right to be free from search and seizure in some instances, they CAN limit your right to bear arms in some instances, and they CAN limit your right to free speech in some instances as they’ve done here.

*Jeremy Rosenthal is Board Certified in Criminal Law by the Texas Board of Legal Specialization.  Nothing in this article should be considered legal advice.  For legal advice about any circumstance you should consult an attorney directly.

 

 


10 Principles of Defending People: #6 Investigate

June 5, 2018

By Collin County Lawyer Jeremy Rosenthal

www.rosenthalwadas.com

(972) 369-0577

Here are the previous articles I’ve written about principles of defending people in this series:

Investigation is critically important in criminal defense and in many ways it is one of the central reasons we’ve been hired.  The chief sustained complaint for ineffective assistance of counsel claims is failure to investigate.

In sum, I’ll use a quote again I just used the other day… “the harder I work, the luckier I get.”  This is squarely the truth in investigating a case.

 

What Constitutes a Thorough Investigation?

It obviously depends on the case.  Not every case is capital murder.  The list of what needs to be done to investigate in some cases can be endless.  Examples of research needing to be done includes (but certainly isn’t limited to):

  • Thorough interviews of witnesses (including your own client);
  • Reviewing the background of witnesses (including your own client) such as criminal history, lack of criminal history, mental health issues, or even school records;
  • visiting the scene of the accusation;
  • inspecting physical evidence in possession of the police;
  • independent lab analysis or confidential re-testing of certain evidence;
  • Hiring an expert witness to assist with complex issues;
  • Reviewing public documents such as previous court records;
  • Investigating cellular data and social media such as text messages, Facebook, Twitter, Instagram, SnapChat, etc.;

Pursuing a Theory

A major difference between a Defense investigation and a police investigation is the theories we pursue.  A Defense investigation shouldn’t be scatter-shot.  It needs to be focused towards a particular theory or theories in a particular case.  Police investigations tend to have theories too… but their theory is almost always that Defendant is guilty.

Why Don’t Some Lawyers Investigate?

There are multiple reasons.  First, is lawyers didn’t go to investigation school, they went to law school.  An investigation is something most lawyers learn by doing which might suck for you if you’ve hired one that’s still learning.

Second, many lawyers are afraid of what they’ll find.  They buy in to their client’s guilt and are worried if they dig up bad facts for their client then they’ll end up making the situation worse for their client.

Final reasons might include their lawyer is too busy, not resourceful enough, or tragically are indifferent.

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

 


10 Principles of Defending People: #10 — You Can’t Be Judgmental

May 30, 2018

By Criminal Defense Lawyer Jeremy Rosenthal

www.rosenthalwadas.com

(972) 369-0577

The next few blogs I write will be about what I think it takes to be a successful criminal defense lawyer.  They are traits I hope my clients find in me.

10.  You Can’t be Judgmental

Being judgmental is for everyone else except your lawyer.  This is Square one.  If you can’t get past this then you don’t have much business defending people in my book.  Carrying judgmental thoughts about your client is excess junk we don’t need cluttering our brains while doing the complex task of practicing law.

Understand two things about my job.  First is I don’t know whether my client is really guilty or innocent.  The only way I’d know for certain is if I witnessed things myself — in which case the rules wouldn’t allow me to represent the person anyway.  Second, is beyond helping a person — our role has a far greater good and purpose… but that is a different topic altogether.  You can read about it here or here.

My impression is by the time a person gets to my office, they feel judged by their parents, spouse, children, neighbors, extended family, co-workers, and strangers they see pushing  shopping carts in the dairy section of the super market.  They don’t need it from me too.

Some lawyers simply can’t clear this hurdle.  Its too hard for them.  What they don’t realize is removing judgment from the equation is the first step towards really understanding their client.

Being judgmental causes lawyers to presume guilt and not innocence which is an extremely dangerous mind-set.  Presuming guilt causes a toxic and circular thought process which invariably results in the lawyer dumping the case — and the client — as quickly as they can.

Many people — not just lawyers — feel if someone “gets away” with something the sun will somehow not rise the next morning.  We hate injustice and we hate thinking about it in these terms, but the Earth will still turn on its axis if a guilty person doesn’t get convicted of Drug Possession, DWI, or even murder.

It is somewhat liberating to know how imperfect the world really is when you really reflect.

And oh, by the way… someone who is unsuccessfully prosecuted occasionally gets to enjoy indefinite sleepless nights, permanent damaged relationships such as divorce, and lost employment and opportunity.  They might also enjoy fear of financial ruin, actual financial ruin, or even their name permanently smeared in the newspaper.  Not that any of this should count as punishment.

A person who comes in and says they didn’t commit the crime deserves their version to be thoroughly investigated.  A person who comes in and says they made a terrible mistake deserves having us make every effort they are really understood by prosecutors, a judge or a jury.  I can’t see where my independent opinion of this person or what they might have done fits into any of this?

A good lawyer needs to clear their mind of the excess junk so they can fight for liberty, more accountable government, and to help a person who needs a voice.

*Jeremy Rosenthal is Certified in Criminal Law by the Texas Board of Legal Specialization and is licensed by the State Bar of Texas.

 

 

 

 


How You Clear a DWI from your Record in Texas

May 18, 2018

By Criminal Defense Lawyer Jeremy Rosenthal

www.rosenthalwadas.com

(972) 369-0577

Until recently the only way to hide a Driving While Intoxicated Arrest from the Public was to win your case or have it dismissed.  Often a tall order.

The Texas Legislature passed & the Governor signed a law in 2017 allowing non-disclosures for DWI cases where the person qualifies after a DWI conviction.  A non-disclosure hides the arrest and court records from the public.  It can still be viewed by many public entities and it shouldn’t be confused with an expunction which is a complete destruction of the arrest records.  But its still pretty good.

Remember you have to file additional documents to expunge or non-disclose records.

There is a big debate amongst lawyers whether this provision is retroactive — that is whether you can clear something which happened prior to September 1, 2017.  Early returns suggest you can.

Here’s how you qualify to non-disclose a DWI:

  • First time offense
  • No car accident in the arrest
  • Blood Alcohol Concentration (BAC) below 0.15
  • Get probation for your DWI
  • Have Interlock Ignition Device on your car for 6 Months of your probation.
  • Wait 2-years from the date your probation ends

The provision was like lightning from a clear-blue sky.  As you can imagine, DWI arrestees have been a punching bag for politicians in Texas for the past 40 years.  Interestingly, there is no requirement you plead guilty — which means you could take your case to trial and if you lose — still qualify for the non-disclosure.  It would give a DWI arrestee two bites at the apple so to speak.

Last two things — (1) if you’ve been charged with DWI in Texas, make sure the record is clear at your plea (or sentencing after trial) that you meet all of these requirements to make it easier down the road.  (2) If you’ve got a DWI from 2017 or before, check to see if you qualify.

*Jeremy Rosenthal is Board Certified by the Texas Board of Legal Specialization and he is licensed to practice by the State Bar of Texas.

 

 


Quick Chart of Texas Sex Offender Registration Crimes

May 17, 2018

By Criminal Defense Lawyer Jeremy Rosenthal

www.rosenthalwadas.com

(972) 369-0577

Chapter 62 of the Texas Code of Criminal Procedure governs sex offender registration.  Since it reads like any other government code — I’ve listed them in an easier to digest manner and provided links where the law gets really tricky:

Lifetime Registration:

  • Continuous Sexual Abuse of a Young Child Children
  • Aggravated Sexual Assault of a Child
  • Indecency with a child (by contact)
  • Aggravated Sexual Assault
  • Sexual Assault
  • Possession of Child Pornography
  • Promotion of Child Pornography
  • Sexual performance of a child
  • Trafficking offenses in certain circumstances
  • Burglary with intent to commit sex crime
  • Compelling prostitution of a child younger than 18
  • Unlawful restraint of child under 17 when already registering
  • Prohibited sexual conduct (incest)
  • Federal offense or offense from other state which is substantially similar

10 Year Registration

  • Indecency with a child (by exposure)
  • Unlawful restraint of a child under 17
  • Online solicitation of a minor
  • Prostitution (hiring prostitute under 18)
  • Indecent Exposure, 2nd Offense (must be convictions, not deferred)
  • Federal offense or state offense from another state with is substantially similar

*Deferred adjudication will trigger registration unless otherwise listed above.

**Jeremy Rosenthal is Board Certified in Criminal Law in the State of Texas and is licensed to practice in the State of Texas.  For legal advice about any situation you should contact an attorney directly.