February 15, 2010
By Collin County Criminal Defense Lawyer Jeremy Rosenthal
(972) 369-0577
This week I’m counting down the top 5 biggest mistakes people make when hiring a criminal defense attorney.
#3: Hiring an Attorney That Isn’t Qualified
Economists estimate that a criminal record can reduce your lifelong income by as much as -30%. For someone that would normally earn $50k per year, that comes out to a loss of $450,000 over 30 years!
Not only do you need a lawyer if you’re charged with a crime, but it had better be one that knows what they’re doing!
A licensed attorney in the State of Texas can practice virtually any field of law ranging from mergers, bankruptcy, truck crashes all the way to criminal. There are slight exceptions here and there. Just because someone is licensed doesn’t mean they’re qualified or experienced enough to handle your criminal case!
Board certified lawyers are lawyers that have qualified with the State Bar through recommendations from their peers and from taking a test. In Texas, the only designation recognized by the State Bar in board certification is for the general field of “Criminal Law.” While many lawyers hold themselves out as members of organizations such as the “DUI College,” this is not an official designation but more of a private membership. Being board certified is never a bad thing, but it doesn’t give you, as the client, permission to turn your brain off when interviewing that lawyer to see if they are right for your case.
The best way to flesh-out whether an attorney your talking with is qualified for your particular case is to ask pointed questions. Ask how many cases of the same offense have they handled in the past? How familiar are they with the local rules of where your case is pending? What percentage of their over-all case load is your type of case?
The lawyer’s answers will tell you a lot!
*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 please consult an attorney.
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Posted by Jeremy Rosenthal, Esq.
February 14, 2010
By Collin County Criminal Defense Lawyer Jeremy Rosenthal
texasdefensefirm.com
(972) 369-0577
This week I’m counting down the top 5 mistakes people make when choosing and hiring a criminal defense lawyer.
#4 Hiring Someone Who Only Tells You What You Want To Hear
Sometimes in life we have to choose from a bad option or a worse option. A lawyer that needlessly sugar-coats your criminal case whether it be a DWI, a theft case, a drug possession case or a felony isn’t doing you any favors.
There’s an age-old legal saying, “he who represents himself has a fool for a client.” One of the main reasons for this saying is having legal problems is very stressful. A lawyer should be detached enough from your situation that they can objectively review all the sides of your case.
Every lawyer should fight relentlessly for the optimum result for their client. I’m not suggesting otherwise. But your lawyer must also be like a mirror and give you the most accurate reflection of your case so that decisions can be made based on reality — not fantasy.
Lawyers are just like doctors in that we have to have good bedside manners. This means that a good lawyer is realistic about bad news and can put it in perspective. Just because there’s a problem doesn’t mean a great goal in the case still can’t be achieved.
Be wary of a lawyer that is afraid or hesitant to disagree with you or tell you news you don’t want to hear when you’re interviewing them.
A lawyer’s ability to give unbiased, detached and unprejudiced advice is a necessity. It is just as critical as their ability to fight for you.
*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, you should consult an attorney.
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Posted by Jeremy Rosenthal, Esq.
February 12, 2010
By Collin County Criminal Defense Lawyer Jeremy Rosenthal
jeremy@texasdefensefirm.com
(972) 369-0577
Texas law makes it tougher than you might think to see your own police report. Believe it or not it could be the middle of trial before you’re allowed to see it!
But don’t worry, in Texas state courts it rarely, if ever, happens that way regardless if it’s DWI, theft, assault, drugs or whatever.
The Michael Morton Discovery Act passed taking effect for cases filed after January 1, 2014 require the prosecutors to give your lawyer a police report upon request, though, there are limitations on to whom your lawyer can disclose the report. You can read more about those changes here.
Two quick points — lawyers look at police reports the same way doctors look at x-rays. We key in on things you may not notice because they’ll have legal significance. If you don’t already have a lawyer — consider one. Second, this discussion isn’t for traffic tickets and municipal fines in Texas though some of the same rules may apply.
Police departments don’t have to give you the report in a criminal case unlike a civil car accident. Texas Government Code 522.108 is an exception to the Texas Public Information Act for law enforcement in criminal matters.
Many prosecuting agencies like Dallas and Ft. Worth and Collin County currently have “open file” policies meaning the defense attorney has access to the entire file.
And you do have rights in all this. The Texas Code of Criminal Procedure Art. 39.14 provides that if you show “good cause” to the Court, the Court can order the prosecution to produce a whole laundry list of items from their file prior to trial. The prosecutor has legal and ethical duties to produce favorable evidence to you. Brady is generally any evidence which is exculpatory (proves innocence) or which is favorable to the defendant — though the issue is complex.
Again, without legal training and experience as a legal practitioner — getting your hands on a police report can be useless. If the case is serious enough for you to want a police report, it’s probably serious enough for you to get a lawyer!
*Jeremy Rosenthal is Board Certified in Criminal Law by the Texas Board of Legal Specialization and licensed by the Supreme Court of Texas. Jeremy is designated as a Texas Super Lawyer by Thomson Reuters. www.texasdefensefirm.com.
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Posted by Jeremy Rosenthal, Esq.
February 11, 2010
By Collin County Criminal Defense Lawyer Jeremy Rosenthal
(972) 369-0577
jeremy@texasdefensefirm.com
Drug cases are very technical in nature and are typically more defendable than you may think. They’re not hopeless and by just talking with the prosecutor yourself, you’re precluding almost any chance of acquittal. This is for several reasons.
First is that the evidence must be seized lawfully. In Texas, Article 38.23 of the Texas Code of Criminal Procedure holds that unlawfully seized evidence cannot be admitted into evidence. If the prosecution has no evidence, they lose because they have the burden of proof. The sands are constantly shifting between what is reasonable police conduct and what is not under the 4th Amendment to the U.S. Constitution.
If you’re reading this article for your own case, you probably know by now that police can sometimes be highly aggressive, persistent, and sometimes manipulative in their goal of searching your person, car, or home. When they legally reach too far — and it’s an easy and common mistake for them to make — a judge may throw out all or some of the evidence against you. This happens where I practice, in Collin County, Texas, all the time.
Also the legal definition of “possession” in the Texas Penal Code under Section 1.07(a)(39) means “actual care custody control or management.” Merely because you were in the same vehicle or area where drugs were found doesn’t mean the evidence is legally or factually sufficient to demonstrate “possession” and could also mean acquittal from a judge or jury. And remember — the state has to prove you are guilty. You have the right to remain silent during the arrest and all through your trial and never have to prove your innocence!
Though the Texas legislature and courts have made recent pushes towards rehabilitation for marijuana cases and other prescription abuses such as hydrocodone or oxycontin, the government’s version of “help” could still mean labeling you a criminal for the rest of your life an subjecting you to treatment which could be inferior to treatment you could get in the outside world.
Having an attorney in a Texas marijuana or other drug case can help you evaluate your legal position in the matter and if necessary, can help mitigate the charges against you.
*Jeremy Rosenthal is Board Certified in Criminal Law by the Texas Board of Legal Specialization and licensed by the Supreme Court of Texas. He is a Texas Super Lawyer as designated by Thomson Reuters. www.texasdefensefirm.com
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Posted by Jeremy Rosenthal, Esq.
February 10, 2010
By Collin County Criminal Defense Lawyer Jeremy Rosenthal
texasdefensefirm.com
(972) 369-0577
Yes, even if they’re accusing you of taking a penny.
Being convicted or even getting deferred adjudication on a theft case is bad news in Texas. There are countless unseen consequences.
It is one of a handful of charges that the stigma attached to your criminal record in practically every case is worse than any punishment if you are convicted or get deferred.
Not only that, but the judicial system and many governmental agencies consider theft to be a “crime of moral terptitude.” This can cause wide ranging problems from immigration consequences to professional licensing denial or suspension such as being a doctor, lawyer, or any other job that requires a license such as nursing or being a real estate agent.
Explaining a theft away on your criminal record is a hard thing to do whether it was a pack of chewing gum or gold bullion they accused you of taking. Think of the disadvantage you’ll have 15 years from now in applying for a job handling money when your competition won’t spend 5 minutes of the interview talking about a previous theft charge — but you will!
The worst mistake you can make if you have been charged with theft is to blow it off because perhaps you don’t think you can win, or it was a prank, or someone else really did it and you just happened to be there and you think you can explain it away later.
In Collin County, Texas, where I practice, I have seen juries be tremendously compassionate to persons accused of theft and acquit them. The State must prove their case beyond all reasonable doubt and a good lawyer will demand the jury acquit you if the State can’t meet their burden regardless of what happened. Theft charges must typically be aggressively defended. Even if the case is very difficult, there may be other options to lessen the blow but those are legally complex. A theft charge is no time to learn how to be a lawyer on your own!
*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 specific legal advice. For legal advice, consult an attorney.
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Posted by Jeremy Rosenthal, Esq.
