Top 5 Biggest Mistakes People Make After They’re Arrested For DWI

November 8, 2010

By Dallas and Collin County Criminal Defense Lawyer Jeremy Rosenthal

(972) 562-7549

texasdefensefirm.com

1. Not consulting an attorney.

DWI laws in Texas are out of control. Many times people feel that if they made a mistake — that their prior good record combined with a rational prosecutor and Judge mean that they won’t be treated unfairly. Even if someone is lucky enough to draw such people on their case — the legislature has tied the prosecutor or Judges hands! There’s no deferred adjudication for DWI and related offenses. There are mandatory sur-charges costing thousands of dollars – and that’s just for starters!

The plain fact is that a DWI arrest is more severe than it looks. A skilled, experienced advocate is can assist in evaluating and fighting a DWI arrest.

2. Ignoring the Case

Being arrested can be a very humbling experience. Drunk driving arrests, though, need to be addressed quickly. There is virtually always a drivers license suspension which results from either a breath test refusal or failure and those deadlines run quickly. Unfortunately I’ll see people in denial over their arrest, but important rights can be lost with unnecessary delay.

3. Making Hurried Decisions

Again, an arrest for DUI, DWI or drunk driving is an extremely traumatic event. My experience is that over time, attitudes about the arrest change. It’s not uncommon for me to visit with someone that wants nothing more than to accept the charges and any and all punishment the State has in store for them — only to change their mind down the road based on changed perspective… And certainly the reverse happens too. I always encourage people arrested for DWI to “let the dust settle” in their lives before deciding to hire a lawyer. While it is important to act quickly with a dwi arrest, it’s bad to sacrifice common sense too.

4. Taking Legal Advice from Non-Lawyers.

There are all sorts of “experts” on DWI cases that don’t have any interest in your outcome. Yet many of these ‘experts’ still insist on giving you legal advice. A lawyer is professionally and ethically on the hook when they agree to represent you. Jailers, the bail-bondsman, or a court clerk who may only see you once in their lives may have a decent understanding of the legal machinations of how a DWI works… But getting 40, 50, or 60 percent correct information is a great way to make a bad mistake.

5. Losing Your Head.

I tell my clients that it’s important that they keep their cool. Some cases take a good amount of time to be resolved and that it doesn’t do anyone good to lose sleep over something that works at the speed of government. Many people drive themselves crazy with angst and worry, but good decisions aren’t made that way.

*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 should directly consult an attorney.

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Posted by Jeremy Rosenthal, Esq.

What Do I need to Tell My Boss If I Get Arrested?

November 4, 2010

By Collin County Criminal Defense Lawyer Jeremy F. Rosenthal

(972) 369-0577

texasdefensefirm.com

I’m asked a lot about what someone should tell their boss after they have been arrested.  It’s a great question — even though it’s not squarely what I deal with as a criminal lawyer.

Unfortunately there’s no quick answer and because no two work-places are alike and because no two arrests are alike.  These situations have to be dealt with on a case-by-case basis.

Texas is an “at-will” state which means that in most cases an employer can terminate you for a good reason, for a bad reason, or for no reason at all.  I point this out to underscore how powerless most people are to begin with when it comes to their jobs in the first place.  So it’s possible that you can do everything right and still be shown the door.  But experience tells me that most employers aren’t in a big hurry to get rid of good help.

Some jobs may require disclosure and some jobs may not.  A good place to start is always your employee handbook or employee manual if you have one.  Be sure you understand your company’s policy.

Also if you have a license such as a medical license, nursing license, or commercial driver’s license (as examples), you may also want to make sure you know the rules for reporting arrests that the state may require.  Even though your employer may not care, a professional licensing agency certainly may!

You should understand the precise terminology that your company may be asking for as well as understand the precise status of your situation — whether it be arrest, indictment, pre-trial, or whatever the case may be.

It is my experience that most employers are fairly respectful of the judicial process and don’t require you to confess to keep your job.  Usually they just want to keep their finger on the pulse of your case and aren’t interested in the details until your case is over, and sometimes they may not have much of an interest at all.

Obviously if your arrest is related to your workplace then it’s a completely different ballgame.  In any event, if you have any questions about these issues you should consult an attorney that can help you in complying with your workplace policies.

*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 matter you should directly consult an attorney.

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Posted by Jeremy Rosenthal, Esq.

Weak Judges vs. Strong Judges

November 3, 2010

By Collin County Criminal Defense Lawyer Jeremy Rosenthal

texasdefensefirm.com

(972) 369-0577

The trial judge calls many of the crucial balls and strikes at trial including on which jurors are chosen to sit on the panel, what evidence the jury may hear, what arguments the lawyers may make, whether the case even makes it to the jury, and what formal instructions are given to the jury.  While some judges see their role as a referee on the sideline — for better or worse — they play a far more important role.

If the Judge makes mistakes in their rulings — those can be appealed.  Here’s why that’s not as easy as it sounds; (1) appeal can be extremely expensive if you don’t qualify as indigent; (2) the appeals courts rarely over-turn what happens in the trial court and often label the trial judge’s mistakes as “harmless error;” and (3) appeal takes a long time which means if you’re convicted at the trial court you may be serving probation or be sitting in jail waiting for the appeals court to look at the trial judge’s mistake (though you may be able to post an appeal bond).

For better or worse, I categorize Judges into two categories: weak and strong.  Weak judges guess at the law and try to make “safe” rulings which won’t get them appealed.  They often gravitate towards the prosecution because the feel safer ruling in their favor on close issues.

Strong judges know the law and aren’t afraid to disappoint the prosecution or the defense for that matter.  Because strong judges give more predictable rulings, their dockets tend to be more efficient as a whole.

*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 specific case or matter you should directly consult an attorney.

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Posted by Jeremy Rosenthal, Esq.

Does the Fact I’ve Never Been In Trouble Before Mean Anything?

October 26, 2010

By Collin County Criminal Defense Lawyer Jeremy Rosenthal

(972) 369-0577

texasdefensefirm.com

One of the most common questions that I am asked is whether the countless years or decades of a clean-record counts for anything at trial.  The good news is that it does but theres lots to consider.

Texas rule of evidence 404 is a rule which discusses when character evidence is relevant, what limitations are on the types of character evidence may be admitted, and when character evidence may be appropriate.

Generally evidence of “a persons” character is not admissible at all to prove conformity therewith on a particular occasion.  The exceptions, though, tend to swallow the rule.

Tex.R.Evid. 401(a)(1)(A) allows the defense to proffer character evidence of the accused in a criminal case.  The same rule allows the prosecution to attack that character evidence if the defense “opens the door” by injecting character as an issue.

Remember — there are two possible phases to a criminal trial.  Guilt/Innocence and punishment.  Character evidence is wide-open in the punishment part of a trial.  I’m really focusing this article on the trickier part — guilt/innocence.

From a trial lawyers standpoint — proving up good character in the guilt innocence phase is always trickier than it may seem.  Remember that courts only allow evidence through the formal rules which means that good character will almost always have to be proven through a live witness of some sort.  That witness will be subjected to cross-examination… and depending on the facts, your trial attorney will have to do a cost-benefit analysis of whether it is worthwhile to prove-up character in light of the potential cost.

Let’s take a DWI case for example.  Let’s say that a person who was out that evening with the accused would testify that the defendant always calls a taxi if they thought they had too much to drink.  But let’s also say that person drank so much on the night in question himself that he doesn’t remember how much the accused had to drink.  That witness may add value to the case through his positive testimony about the defendant’s traits — but could ultimately hurt the case over-all in light of what he would reveal on cross-examination.

These are they types of decisions experienced criminal defense lawyers, dwi lawyers and dui lawyers must make on a routine basis.

*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 you should directly consult an attorney about any legal issue.

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Posted by Jeremy Rosenthal, Esq.

“DWI Lite”

October 19, 2010

By Dallas and Collin County Criminal Defense Lawyer Jeremy Rosenthal

(972) 562-7549

texasdefensefirm.com

Here’s an interesting commentary on a new proposal that may make it’s way to Austin next year.  The concept, dubbed by the media  “DWI Lite,” basically criminalizes driving with even less alcohol in your system than what would normally be a DWI.  They call it between 0.05 and 0.08 bac.

Of course they don’t have admissible breath tests on the side of the road which will mean that an officer can arrest virtually anyone that has alcohol on their breath.  And I’m curious to know… are there studies out there that suggest that the dangerous drivers are the ones between 0.05 and 0.08?  I truly don’t know if there is or if there isn’t, but it seems to me that the legislature could be “cracking-down” for the sake of… well… cracking-down.

Also what is ironic to me is that if you hear prosecutors during jury selection, examining witnesses, and during jury argument — they’re good at convincing people that 2 beers = drunk driver as it is.  The legal standard is, “not having the normal use of your mental or physical faculties” and they’ve argued for years that even the slightest loss of mental or physical coordination means someone is guilty.  By my logic, wouldn’t that make this new idea for “DWI Lite” redundant?

*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 an specific matter you should directly consult an attorney.

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Posted by Jeremy Rosenthal, Esq.

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