24-Hour Criminal Lawyer

October 28, 2016

By Board Certified Collin County Criminal Lawyer Jeremy Rosenthal

(972) 369-0577

texasdefensefirm.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 Board Certified in Criminal Law by the Texas Board of Legal Specialization and licensed by the Supreme Court of Texas. Nothing in this article is intended to be legal advice.  For legal advice about any situation you should consult an attorney directly.

 


Jail Release for a Juvenile Under 17 Years In Texas

November 17, 2013

Should I Bail My Son or Daughter Out of Jail?

July 12, 2013

By Collin County Criminal Defense Lawyer Jeremy Rosenthal

texasdefensefirm.com

(972) 369-0577

I get asked this question a lot where the child is 17 years old or older and in adult custody.

Unfortunately there is no right answer though I wish there were.  I don’t have a stake in the issue so I advise parents to do what they feel is best because they know their children better than I do.

Parents should also take to heart this truism: there is no right answer.

Leaving your son or daughter in jail does not make you a bad parent nor does getting them out.  I’ve seen parents who do both for understandable reasons.

For clients who have serious drug issues — parents might tell me they leave their kids in jail because at least they know they’re safe and not using drugs.  Drug cases (other than marijuana) take a long time because the drugs must be tested at a lab which could take months.  Parents, then, have a while to decide how long to leave their son or daughter in jail.

On the other hand, I’ve had parents who feel their son or daughter learned their lesson through the shock of being arrested and taken to jail and bail their children out at the first chance.

The only time where I strongly feel a client should be freed is if they are in a position to plead guilty just to get out of jail.  This would be a jail stay normally well in excess of 10 days.  Pleading guilty to get out of jail creates long-term damage for short term gain.

Normally on a drug or DWI case, the decision to bond a loved-one out of jail is long before it’s time to make the ultimate decision to plead guilty or take the case to trial.

*Jeremy Rosenthal is Board Certified in Criminal Law by the Texas Board of Legal Specialization and licensed by the Supreme Court of Texas. Nothing in this article is intended to be legal advice.  For legal advice about any situation you should contact an attorney directly.


When You’re Entitled to a Bond (and When You’re Not)

December 29, 2010

By Collin County Criminal Defense Lawyer Jeremy Rosenthal

texasdefensefirm.com

(972) 369-0577

A bond is an amount of money set by a magistrate judge to secure the release of someone arrested.  It is the state’s collateral to assure the arrested person appears for future criminal proceedings.

As a quick reference guide, you’ll find bond statutes in the Texas Constitution and throughout the Code of Criminal Procedure in Chapters 15, 16, 17, 44, 45, 47 and 55.  So if you’re paging through the code, you’ll have to be diligent and thorough.

In some instances people are not eligible to even have a bond set.  This obviously means they can’t get out of jail.  In other instances, their right to have a bond set may be discretionary by the Court — meaning bail can be denied.  Judges can also impose limitations or conditions of bond such as a deep lung device for DWI arrests or no-contact provisions for family assault cases.

Here’s a quick cheat-sheet:

Misdemeanor arrests:  Yes (eligible for a bond)

Misdemeanor probation revocations/ adjudications: Yes

Misdemeanor appeals:  Yes

Felony arrests:  Yes

Felony adjudications: Yes

Felony probation revocations:  Discretionary (up to the Judge)

Felony Appeals:  Yes, if the sentence is 10 years or less and is not offense under 3g(a)(1) of Art. 42.12.

Felony Appeal where higher court reverses conviction: Yes (regardless of amount of imprisonment).

Felony PDR (Petition for Discretionary Review): Discretionary, set by Court or Criminal Appeals

Always contact an attorney if you have questions about a bond in certain situations.

If conditions of bond are violated, in certain circumstances, then future bond can be denied altogether.  Examples are for violent offenders or for crimes against children.

*Jeremy Rosenthal is Board Certified in Criminal Law by the Texas Board of Legal Specialization and licensed by the Supreme Court of Texas. Nothing in this article is intended to be legal advice.  For specific legal advice about any situation you should contact an attorney directly.


Jail Release for a Juvenile Under 17 Years In Texas

May 27, 2010

By Collin County Criminal Defense Lawyer Jeremy Rosenthal

texasdefensefirm.com

(972) 369-0577

Juvenile arrests in Texas (children younger than 17 years of age) are different from adult arrests.

Whereas an adult has a right to see a magistrate within 24-48 hours after arrest (depending on the level of offense), a juvenile has no such right.  See Texas Family Code Chapters 53.02 and 54.01.

The Immediate Determination

A Judge or “other authorized officer” makes an immediate determination as to weather the child should be detained under factors which include;

(1) whether or not the juvenile is likely to abscond,

(2) the degree of parental supervision at home,

(3) whether a firearm was involved,

(4) and the likelihood of re-offending if released.

For more specifics, you can read Tex.Fam.C. 53.02.

After the Immediate Determination

If it is determined that the child should be detained under 53.02, then “not after the second working day after the arrest,” the juvenile is entitled to a “Detention hearing” under 54.01.

The Juvenile Detention Hearing

At the detention hearing it is determined whether the juvenile should be detained for an additional 10 working-days based on the same general criterion as discussed above.  After another 10 days, the juvenile is entitled to another hearing.

The Police and Juvenile System Aren’t Always there to Help

This process can be confounding to parents who are dealing with the trauma of having a child arrested.  The police and the state can seem sympathetic, but unfortunately they often bring their institutional mind-frame to dealing with you and your child.

Getting your child released back to you can be a difficult and delicate process under the rules discussed above.  You should seek attorney representation as soon as possible to maximize the chances of getting your child out of the machine that is the juvenile process.

After the release, there are generally charges which must be answered in court.  But that’s another issue altogether.  Obviously an experienced lawyer helps there too.

*Jeremy Rosenthal is Board Certified in Criminal Law by the Texas Board of Legal Specialization and licensed by the Supreme Court of Texas. Nothing in this article is intended to be legal advice.  For specific legal advice, you should consult an attorney directly.