What You Can Expect from the New Collin County District Attorney’s Administration

January 3, 2011

By Dallas and Collin County Criminal Defense Lawyer Jeremy Rosenthal

(972) 562-7549

texasdefensefirm.com

Greg Willis is the new Collin County District Attorney as of January 1, 2011 and he replaces the embattled John R. Roach, Sr. in that capacity.

I get asked a lot by clients what exactly that may mean for their particular case and in most circumstances the answer is probably nothing major.  That’s not to suggest that Mr. Willis’ administration will merely be a continuation of Mr. Roach’s regime… because it most certainly will not be.  But the truth remains that Mr. Willis inherits an office with probably 80% of the same prosecutors who take the same systematic approach to everyday cases such as DWI, drug possession, and theft.

The changes I predict we’ll see are broad policy changes impacting how the prosecutors manage their cases.  For instance, under Mr. Roach’s administration, the State would not allow the defense lawyer full access to the file unless the defense lawyer waived valuable rights.  Now, Collin County joins Dallas and Tarrant Counties that have an ‘open file policy’ and allow the defendant free access to the State’s file.  While the former administration believed in hiding part of it’s case to gain a strategic advantage over people accused of crime — the new administration believes that the truth is the truth and isn’t afraid to show it’s hand.

Other examples of changes we may see is doing away with some of the minimum plea offers on certain charges.  Under Mr. Roach’s administration, the prosecutor handling cases such as drug possession with intent to distribute were bound to offer a minimum of 15 years in prison.  While this makes for good politics in being tough on crime in Collin County, it resulted in many needless trials of bad cases where the accused was youthful, tangentially involved, or were “dealers” that lived at home with their parents and had little or no affiliations with real drug dealers.  While there’s been no announcement — it  is believed prosecutors will have more discretion in disposing of these types of cases.

There will likely be changes as well made to the intake procedures, grand jury procedures and deferred prosecution programs.  The impact of those changes will take time to gauge.

From the lawyers perspective, Mr. Willis changes are very welcome and long over-due.  Perhaps the biggest changes will be that the personnel changes made should eliminate the ‘circular firing squad’ which has embroiled the DA’s office which was responsible for many fruitless grand jury investigations of public officials, the indictment of Judge Suzanne Wooten and employees of the district clerk’s office.  Even the former first assistant Greg Davis was indicted in the after-math and wake of the legacy of outgoing DA’s Office.

Everyone in Collin County is ready for the dust to settle.  That should start now.

*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 on any matter you should contact an attorney directly.

Leave a Comment » | Uncategorized | Tagged: , , , , , , , , , , | Permalink
Posted by Jeremy Rosenthal, Esq.

Trying to Join the Military when Facing Criminal Charges

December 28, 2010

By Dallas and Collin County Criminal Defense Lawyer Jeremy Rosenthal

texasdefensefirm.com

(972) 369-0577

Joining the military can be a great way to serve your country and find a new meaning or direction in life.  I know because I’m a former Army Field Artillery Officer.

It can be frustrating when you’re trying to join the army and you’re facing criminal charges.

My first suggestion for anyone trying to join when facing criminal charges is to visit with your recruiter about what will or will not be acceptable to the military on your criminal record or as far as completing civilian probation.  As a lawyer licensed in the State of Texas, I am simply not in a position to advise people of current U.S. Armed forces policy on recruitment.  I know from my own military experience that policies can and do change frequently with regards to eligibility.  Your recruiter should be up to date on military side of the equation or at the very least knows how to quickly get the answer.

My experience is that there are generally two main hurdles to overcome.  First is whether the charges you are facing disqualify you altogether from military service and the second is whether, if the military is okay with your record, whether they can accept you if you are placed on probation.

Your lawyer should communicate directly with your recruiter so that your lawyer knows exactly what is needed on the criminal side of the equation to assist you in joining.  The answer may be that a deal needs to be structured in a certain way with the prosecutor or the answer may be that you need to fight the charges aggressively.

I would not put your recruiter directly in contact with the prosecutor without your lawyer being in the loop.  Prosecutors and recruiters, well meaning as they may be, have the potential to over-look important long-term consequences to quick and easy deals that solve short-term problems.

*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 licensed in your jurisdiction directly.

1 Comment | Uncategorized | Tagged: , , , , , , , , , , | Permalink
Posted by Jeremy Rosenthal, Esq.

Defending Injury to a Child Charges

December 26, 2010

By Collin County Criminal Defense Lawyer Jeremy Rosenthal

texasdefensefirm.com

(972) 369-0577

Being criminally charged with injury to a child can be Earth shattering.  

These cases come with all sorts of built-in hurdles such as self-assured prosecutors or CPS members, complications from ongoing divorces, and a lack of understanding of someone being accused.  Aggressive and skillful representation is a must.

Tex.Pen.C. 22.04 is called, “Injury to a Child, Elderly Individual or Disabled Individual.”  That law states in relevant part,

“A person commits an offense if he intentionally, knowingly, recklessly, or with criminal negligence, by act or intentionally, knowingly, or recklessly by omission, causes to a child, elderly individual, or disabled individual:

“(1)  serious bodily injury (defined as ‘bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ’);

“(2)  serious mental deficiency, impairment, or injury; or

“(3)  bodily injury (defined as ‘physical pain, illnes, or any impairment of physical condition’).

Here are several notes about cases of injury to a child — First is that these cases are highly subjective.  Standards such as intentionally, knowingly, recklessly or with criminal negligence are subjective enough.  If that weren’t enough, an injury sustained by a child can also be highly subjective in nature.  This means that police agencies in Texas as well as Child Protective Services (“CPS”) have very broad discretion in pursuing these cases.

Secondly, there are many defenses and affirmative defenses available to people accused of injury to a child in Texas.  The main defense is provided by Tex.Pen.C. 9.61 which allows the use of force, but not deadly force, against a child younger than 18 years of age (1) if the actor is the child’s parent or step-parent acting in loco parentis to the child (which includes grandparents, guardians, or any person acting by, through, or under the discretion of a court with jurisdiction over the child, and anyone that has the express or implied consent of the parent or parents of the child); and (2) when and to the degree the actor reasonably believes the force is necessary to discipline the child or to safeguard or promote his welfare.

Injury to a child can be anywhere between a First Degree Felony (5 to 99 years) to a State Jail Felony (18 months to 2 years State Jail) depending on how the offense was committed and on the nature of the injury.

Investigations of these cases can seem innocuous enough from the accused’s standpoint.  It isn’t uncommon for law enforcement or CPS to call and ask the accused to come and answer questions in an ‘informal’ setting.  Any person requested to give a statement to law enforcement or CPS about an injury to a child case should immediately contact counsel.

*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 for any specific matter you should consult an attorney directly.

2 Comments | Assault, Uncategorized | Tagged: , , , , , , , , , , , | Permalink
Posted by Jeremy Rosenthal, Esq.

Drug Free Zones

November 23, 2010

By Dallas and Collin County Criminal Defense Lawyer Jeremy Rosenthal

(972) 562-7549

Drug free zones are areas created by the legislature where, if drugs are illegally possessed, criminal penalties increase.

Texas Health and Safety Code Section 481.134 governs drug-free zones.  As a rule of thumb, illegal possession of drugs such as marijuana, methamphetamine, or prescription drugs will increase the normal punishment range one level.  As an example, possession of a usable quantity of marijuana under 2 ounces is a Class B misdemeanor in Texas, but if the possession is in a ‘drug free zone,’ the case can be filed as a Class A misdemeanor.

Drug free zones are created several different ways.  Schools, playgrounds and even video arcades can be considered as drug free zones.  Not only are these types of places drug free zones, but the area surrounding them can be drug free zones as well.  Section 181.134 holds that 1000 feet around schools are drug free, and 300 feet around public swimming pools or arcades are as well.

As you can see by reviewing 181.134, it can be highly technical in both how it defines drug free zones and with how it increases penalties.

If you or a loved one is charged with possession of drugs in a drug free zone, it is important that you have an attorney that understands the highly technical nature and the importance of the drug free zone allegations.

*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 directly consult an attorney.

Leave a Comment » | Uncategorized | Tagged: , , , , , , , , , , | Permalink
Posted by Jeremy Rosenthal, Esq.

Does The Alleged Victim in an Assault Case Need a Lawyer Too?

November 16, 2010

By Dallas and Collin County Criminal Defense Lawyer Jeremy Rosenthal

(972) 562-7549

texasdefensefirm.com

I get asked this question from time to time, so today I’ll try and answer it.

The short answer is maybe.  In virtually any assault case, the main evidence comes from the alleged victim who almost always gives a statement to police either at the scene of the arrest or at the police station.

Alleged victims are often later asked to give statement in subsequent proceedings whether it is in trial, statements to a prosecuting attorney, or by signing affidavits of non-prosecution requesting that charges be dropped.  Statements which are inconsistent with the original statement given to police can give rise to criminal liability to the victim.

Texas Penal Code 37.08 covers false reports to police officers and states in relevant part, “A person commits an offense if, with intent to deceive, he knowingly makes a false statement that is material to a criminal investigation and makes the statement to… (1)  a peace officer conducting the investigation; or (2)  any employee of a law enforcement agency that is authorized by the agency to conduct the investigation and that the actor knows is conducting the investigation.”

In a nutshell, it is possible that where an alleged victim makes a statement to law enforcement down the road in a case which reveals that they weren’t being truthful at any point of the case when dealing with police or with prosecutors… then the alleged victim themselves can have criminal exposure.

False reports to police officers are class b misdemeanors and carry a punishment of up to 180 days jail and a $2,000 fine.

Also, the attorney representing the accused in an assault cannot also give legal advice to the alleged victim.  This is because there is a very clear conflict of interest for the attorney who represents the accused’s best interests — and has no ethical or legal obligation to protect the alleged victims interests as well.

If you’re the alleged victim in an assault case or domestic violence case in Texas, you may want to seek legal counsel if you have any questions about your rights and representation if so needed.

*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 particular case or situation you should directly consult an attorney.

2 Comments | Uncategorized | Tagged: , , , , , , , , , , , , , , , , , , , | Permalink
Posted by Jeremy Rosenthal, Esq.

« Previous Entries
Next Entries »