The 5 Most Common Questions I get as a Criminal Defense Lawyer: #1 “Am I Going to Jail?”

March 12, 2020

By Criminal Defense Lawyer Jeremy Rosenthal

texasdefensefirm.com

(972) 369-0577

Most people vastly over-estimate their jail possibilities.  I spend a good deal of time explaining why things are nearly as bad they may seem.

Our minds tend to link together what I call “the chain of terribles.”  That is we take one terrible result, and infer another logical awful result, and then another and another and another.  But this is almost never realistic.

Let me give you an example — at the time I write this blog, the Coronavirus is exploding across the world.  The NBA just suspended their regular season.  Part of my mind wants to suggest the world economy will crash (the dow is down 20% from a month ago), my law practice will go down the tubes with the economy, there will be widespread disease and then famine, the NBA will never play again, and the survivors of the virus will have to barricade themselves from zombies in makeshift houses.

That is the chain of terribles.  But I’m guessing if you read this even 6 months from now, you’ll see how ridiculous my conclusions were.

The same thing happens when people consider jail.  They’ve typically already been arrested and have bonded out — and they want to know “will it happen again?”  A perfectly understandable and valid question.  Those fears are often fueled by lawyers and their webpages trying to scare you into hiring them.

Jail exposure is obviously on a case-by-case basis which includes tons of variables such as the nature of the charge, mitigating factors, what county is prosecuting the charge, criminal history, the specific prosecutor, judge, etcetera, etcetera, etc…

Understand a handful of factors which, in general, reduce inmate population.

  • Running a jail is money-losing proposition.  It is a hotel where no one pays.  Most counties don’t want to feed you and house you if they don’t have to.
  • Most judges and prosectors believe in rehabilitation.  Very few will stop someone from getting help they need to manage substance issues which frequently contribute.
  • There is a much better understanding of anxiety, depression, and other maladies which can contribute to someone’s predicament.
  • Finally — it’s your lawyers job to effectively tell your story — and everyone typically has a good one.

Bottom line: If you’re like everyone else – then you’ve probably exaggerated your own jail chances.

*Jeremy Rosenthal is an attorney licensed to practice in the State of Texas.  He is Board Certified by the Texas Board of Legal Specialization in Criminal law.  Nothing in this article is intended to be legal advice.

Comments Off on The 5 Most Common Questions I get as a Criminal Defense Lawyer: #1 “Am I Going to Jail?” | Assault, Collateral Consequences of a Criminal Record, DWI, Jail Release, pre trial diversion, Search & Seizure, sex cases, Theft, Weapons | Permalink
Posted by niftybrady

What Constitutes a Win?

February 20, 2020

By Criminal Defense Lawyer Jeremy Rosenthal

texasdefensefirm.com

(972) 369-0577

Winning

From time to time I’m asked what my win-loss record is.  It’s a fair question, I suppose, from someone whose not around defense lawyers all-day every-day.

The question assumes all cases are equal in complexity, difficulty – and all people facing the dilemma of a criminal cases have the same tolerances for risk or life pressures which affect their decisions.  So I like to joke “last year, I made the playoffs.”  It normally gets a chuckle – but the person typically gets the point.

A sexual assault allegation where consent is blurred by alcohol consumption is much different than a bank robbery caught on tape.  Also the pressures facing a pilot arrested for a DWI and the loss of a lucrative livelihood aren’t the same as a college student studying for an MBA who got arrested for marijuana.  My goal is to clear everyone’s record who comes into my office – but not all cases are equal.

It’s unethical for any lawyer to guarantee results.  This makes sense because we are in the profession of quantifying unpredictable variables.  I know what the law says should happen — but unless I’m actually both your lawyer and the judge in a case, I can’t guarantee it will happen.  I know how the prosecutor will likely approach your case — but until I’m both the prosecutor and your lawyer in a case, I can’t guarantee what will happen either.  And then there are juries.  Don’t even get me started with them.

So what constitutes a win is often relative.  Make no mistake — I hate losing and I’ll always do my best to completely clear my client’s record in every case.  Sometimes it can be a really tall mountain.  If it is a bad felony charge we can often get it reduced if winning is too unrealistic.  If we can’t win a case which might result in losing a job or even a career – then we can often get the charges reduced to something my client can live with.  I’m in a tough business.  There are cases which come in my door where a great outcome is simply less time in prison.

The one thing a lawyer can always guarantee is how they treat you and their effort.

*Jeremy Rosenthal is an attorney licensed to practice in the State of Texas and is Board Certified in Criminal Law by the Texas Board of Legal Specialization.

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Posted by niftybrady

How Long will my Court Case Last?

January 29, 2020

By Criminal Defense Lawyer Jeremy Rosenthal

texasdefensefirm.com

(972) 369-0577

It depends on what type of case, where the case occurred and the court to which it is assigned.  Some cases have a tendency to be fast and others are typically slower.  The biggest single factor is typically evidence which must be analyzed such as lab evidence or computer forensics.  Cases without those components have less impediments.

This said, other complex cases obviously drag on a bit too.

Slower Cases:

  • DWI with blood draws
  • Drug Cases other than Marijuana
  • Computer Charges
    • Online Harassment
    • Hacking
    • Possession of Child Pornography
  • Sex Charges
    • Sexual Assault
    • Sexual Assault of a Child
    • Aggravated Sexual Assault of a Child
  • White Collar Theft
    • Embezzlement
    • Money Laundering
  • Engaging in Organized Criminal Activities
  • Crimes against persons which  have complex medical records/ issues

 

Quicker Cases:

  • Assault
    • Assault/ Family Violence
    • Aggravated assault with a deadly weapon
  • Retail Theft
  • Possession of Marijuana
  • DWI without blood testing
  • Criminal Mischief
  • Crimes against persons (without medical records)

 

Just how Quick (or Slow) will a Particular Case Be?

You can expect most Collin County Misdemeanors to last between 6 and 12 months from the date of arrest until a trial/ dismissal/ or plea bargain.  Felonies tend to be more complicated so those usually take longer.

Most of our courts have efficient dockets – meaning the cases move relatively quickly.  Some courts might have a glut of cases for various reasons and by luck-of-the-draw your case may take more time.

Other jurisdictions such as Dallas County simply have more real-world issues to contend with such as insufficient funding, high turn-over with court staff, or inexperienced prosecutors which can compound delays.  It should be no surprise that in general the bigger the county, the slower the case may be.

What Control do We Have in How Fast or Slow a Case Takes?

Some.  We can’t control how long an investigation, grand jury, or prosecutor takes to do their job… but we can control whether or not any delays are because of us.  Some clients want a case to move quickly and others prefer the case take a while for their own reasons.  We can do our best to affect either.

What About My Right to a Speedy Trial?

Analysis for speedy trial is multifaceted and analyzes more than merely calendar time.  Part of the analysis is about the reaons for any delay, whose fault delay may be (the prosecutor, the defense, or in many instances — the Judge).  Another component of the analysis is what degree of harm was suffered by Defense by the delay?  Stress and anxiety are parts — but the loss of evidence (such as a witness moving) could play a role too in speedy trial analysis.

“Tough-on-Crime” Courts have done much in Texas to gnaw away much of Speedy trial rights and privileges… so normally trying to have a case dismissed for lack of speedy trial isn’t typically my first preference.

Bottom Line

You won’t get a really sharp estimate for how long your specific case will take on the internet.  Sorry!  You’ll just have to run that question by a lawyer who is familiar enough with all the players and factors involved.

*Jeremy Rosenthal is an attorney licensed to practice in Texas.  He is Board Certified in Criminal Law by the Texas Board of Legal Specialization.  He was Designated as a Super Lawyer by Thomson Reuters in 2019.

Comments Off on How Long will my Court Case Last? | Divorce related crimes, Drugs, DWI, Federal Court, habeas corpus, marijuana, mental illness, Police, Police and Prosecutors, Self Defense, sex cases, sex crimes, sex offender registration, sexual assault, Uncategorized | Permalink
Posted by niftybrady

What does it Mean when a Crime is “Aggravated”?

January 18, 2020

By Criminal Defense Lawyer Jeremy Rosenthal

texasdefensefirm.com

(972) 369-0577

It typically means “worse” or “heightened.”

The term ‘aggravated’ is applied to many different criminal charges and there is no uniform definition as to what allegation renders a charge ‘aggravated’ in any specific case.  One constant is an ‘aggravated’ allegation normally kicks the punishment range up a notch or more.  It can also affect parole eligibility if someone is sent to prison.

 

Here are the most common “Aggravated” offenses in Texas:

Aggravated Assault – Assault where someone either uses or exhibits a deadly weapon.  It can also mean assault which results in serious bodily injury.  See Texas Penal Code 22.02.

Aggravated Sexual Assault – Sexual assault is generally where a person conducts one of a number of prohibited sexual acts to another (Tex.Pen.C. 22.011).  Aggravated sexual assault can be committed where defendant inflicts serious bodily injury on the victim, assaults a person younger than 14, or a disabled or handicapped person.  Tex.Pen.C. 22.021).

Aggravated Sexual Assault of a Child – sexual assault committed against a child younger than 14 years old.  Sexual assault of a child is committed where a child is between the ages of 14 and younger than 17.

Aggravated Perjury – perjury is making a false statement under oath.  It could be in an affidavit or an official document of some sort.  Aggravated perjury is a false statement during a court case which is considered material in nature to the proceedings.  Perjury is typically a Class a misdemeanor.  Aggravated perjury is elevated to a third degree felony.

Aggravated Robbery – Robbery is typically defined as theft plus assault regardless of how minor either is.  Aggravated Robbery is where a person uses or exhibits a deadly weapon in the commission of the robbery, causes serious bodily injury, or places in fear of imminent bodily injury of a person over 65 years of age or a disabled person.  Robbery is a 2nd Degree felony and aggravated robbery is a 1st degree felony.

Aggravated Kidnapping – Kidnapping is abducting a person.  Aggravated kidnapping is where someone is abducted with the intent to be held for ransom, intent to be used as a human shield, intent to sexually violate, or with intent to terrorize.

Aggravated Promotion of Prostitution – This offense is for those who invest in, finance or promote prostitution of two or more persons.  See Tex.Pen.C. 43.04.

Aggravated Promotion of Online Prostitution – Promotion of prostitution done in a fashion which is online.  Tex.Pen.C. 43.041.

*Jeremy Rosenthal is Board Certified by the Texas Board of Legal Specialization and is licensed to practice in the State of Texas. Nothing in this article constitutes legal advice.

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Why Does My Lawyer Keep Continuing My Case?

November 12, 2019

By Criminal Defense Lawyer Jeremy Rosenthal

(972) 369-0577

texasdefensefirm.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.

Comments Off on Why Does My Lawyer Keep Continuing My Case? | Appeals, Assault, Computer Crimes, crimes against children, Drugs, DWI, Emergency Protective Orders, Indecent Exposure, sex cases, Theft | Permalink
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