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

texasdefensefirm.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 and licensed by the Supreme Court of Texas. Nothing in this article is intended to be legal advice.  For legal advice about any specific situation you should contact a lawyer directly.

 

 

Leave a Comment » | Drugs, DWI, Jail Release, Police and Prosecutors, sex cases, Theft, Uncategorized, White Collar Crime, writ bonds | Permalink
Posted by Jeremy Rosenthal, Esq.

When Teachers Have Sex With Students

February 8, 2017

By Collin County Criminal Defense Lawyer Jeremy Rosenthal

jeremy@texasdefensefirm.com

(972) 369-0577

Texas criminalizes an “Improper Relationship Between Educator and Student” in Texas Penal Code 21.12.  It is a 2nd Degree Felony Carrying between a 2 and 20 year jail sentence upon conviction.

These cases tend to be news-worthy and create a loud splash every time they occur.  Along with the publicity come the humiliation, shame, and feelings of helplessness for the accused and their loved ones.

A Broad Dragnet of a Law

The central problem with the law is its breadth… this is to say its sweeping nature.

Think about it this way — Everyone agrees it would be reprehensible for a teacher (regardless of age) to have sexual contact in the classroom with a student they teach in the 4th grade. But what about if an 18 year old student (over the age of consent) has sexual relations with say a cafeteria worker, janitor, or even a teacher at a private residence — and the school employee has no regular supervision or contact with the student while at school?  In other words — sex between two consenting adults.

This statute is a dragnet which treats both instances the same.

A major distinction between the two scenarios is the abuse of the child under the age of 14 would be a separate offense of aggravated sexual assault of a child or indecency with a child and could still be prosecuted as such.  The latter would otherwise not be a crime at all but for Section 21.12.

How Courts Have Analyzed This Law

A round of cases after this law was passed actually challenged the constitutionality of the improper relationship between educator and student for this reason.  At least one trial Court found the statute to be facially unconstitutional before an appellate court reversed it.  See e.g. Ex Parte Morales, 212 S.W.3d 483, (Tex.App. — Austin, 2006).

In a recent case limiting the scope of the law, a Court of Appeals actually acquit a person originally convicted by a jury because as a police officer employed by the school district’s PD, he was not an “employee” of the school even though part of his responsibilities would have been to assist at the school if needed.  See State v. Sutton, 499 S.W.3d 434 (Tex.Crim.App.– 2016).

Defending These Charges

Defending charges of improper relationships between an educator and a student takes a lot of diligence and creativity.  Obviously if the sexual relationship and/or contact itself can be contested or challenged this should be done.  If the facts seem difficult then the attorney should be prepared to lodge more creative challenges.

The Sutton opinion demonstrates even the Court’s discomfort with how broadly this law can be applied – or misapplied.  If jurors share the same sentiment then challenging these cases in trial could yield positive results.

*Jeremy Rosenthal is Board Certified in Criminal Law by the Texas Board of Legal Specialization and licensed by the Supreme Court of Texas and has been designated as a Texas Super Lawyer By Thomson Reuters.

 

Leave a Comment » | crimes against children, Divorce related crimes, sex cases, sex crimes, sex offender registration, sexual assault, Uncategorized | Tagged: , , , | Permalink
Posted by Jeremy Rosenthal, Esq.

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

texasdefensefirm.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 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 on any situation you should contact an attorney directly.

 

 

 

1 Comment | DWI, Police and Prosecutors, sex cases, Theft, White Collar Crime | Permalink
Posted by Jeremy Rosenthal, Esq.

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.

 

Leave a Comment » | Emergency Protective Orders, Grand Jury, Jail Release, sex cases, writ bonds | Permalink
Posted by Jeremy Rosenthal, Esq.

Why We Defend Sex Crime Allegations

June 3, 2016

By Collin County Criminal Lawyer Jeremy Rosenthal

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

Leave a Comment » | crimes against children, sex cases | Tagged: , , | Permalink
Posted by Jeremy Rosenthal, Esq.

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