Your First Notice to Appear in a Collin County Criminal Case

July 20, 2010

By Dallas and Collin County Criminal Defense Lawyer Jeremy Rosenthal

texasdefensefirm.com

(972) 562-7549

So you’ve been arrested and released — and now you get a letter in the mail telling you that you have a court appearance for your criminal case in Collin County, Texas.  Now what?

How a Notice to Appear Works — Court Dockets

Let me explain as best as I can… in Collin County (and most everywhere else in Texas), Courts that handle Class B Misdemeanors and above typically have what are called dockets or docket calls.  Docket is the way the Courts manage the one, two, or ten thousand cases or that have been filed in their court.

The Court requests everyone appear on a certain date and this appearance serves two main functions; (1) to make sure that you are honoring your bond terms and conditions; and (2) to make sure your case is moving towards resolution (whether that be a trial, a guilty plea, or a dismissal).

What are You Responsible For?

Showing up.  Though every court is different, most courts won’t require you to enter a plea on a first setting or do anything that would require you visiting directly with the Judge. If you do meet with the Judge, it’s likely to be administrative in nature and not ultimately regarding the underlying facts of your case.

Do I need a Lawyer?

Absolutely.  If you have been charged with a Class B Misdemeanor or higher — that means your potential punishment is up to 180 days in jail if not more. Just think about how being sentenced to 180 days in the county jail would re-arrange your life!  Even though that may seem like an extreme example — the fact is you wouldn’t toy with an illness that could possibly take you completely out-of-commission for 6 months without a doctor — so how is this any different?  Plus, I’ve written blog after blog about the dangers of the collateral consequences of criminal charges you may not even think of, the dangers of dealing directly with prosecutors, and other great reasons to get lawyers involved in these cases.

What if You can’t Make it on Your Scheduled Appearance Day?

Some Courts in Dallas and Collin Counties have flexible policies with initial appearances — but never assume a Court will excuse an absence. If you’re not in Court for your appearance a warrant can be issued for your arrest.  Ask your lawyer and they can often coordinate your schedule with the Court’s docket.

*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 consult an attorney directly about any specific set of circumstances.

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Posted by Jeremy Rosenthal, Esq.

Notice to Appear Letter

February 19, 2010

By Collin County Criminal Defense Lawyer Jeremy Rosenthal

texasdefensefirm.com

(972) 369-0577

I Just Got a “Notice to Appear” Letter.  What Does it Mean?

You have been charged with a criminal offense in Collin County, Texas.  In all likelihood it stems from an arrest in the previous months perhaps for DWI, marijuana possession, assault or theft.

This letter means the case has been formally charged by the District Attorney’s Office (for misdemeanors) or a Grand Jury (for felonies).

Why Do I Need to Be In Court?

Court appearances serve two functions.  It’s the Court’s way of making sure (1) you are attempting to resolve the case; and (2) you’re honoring your conditions of bond.

Collin County Courts handle thousands of criminal cases per year.  Having Appearances is how they keep cases moving through the system.

What Will Happen at this Appearance?

An appearance is like a work session between your lawyer and the prosecutor.  This is your lawyer’s opportunity to get a police report, video evidence, and plea recommendations from the prosecutor.

Most of the time a first appearance in Collin County results in the case being “passed” for another announcement – meaning you’ll come back in another month for another court date.

By the second month, though, hopefully your lawyer will have been able to do even more legal research and factual research based on what they learned on the first setting so they can have a better picture in your case.

Your case may have several announcement settings before it is resolved either by a trial, plea or dismissal.

What Do I Need to Do to Prepare?

Nothing.  An appearance in Collin County isn’t a trial or a contested matter.

If you do see the judge it’s almost always going to be your choice.  If you chose to plead guilty on the very first setting, you’ll see the judge or if you come to court without a lawyer, many judges will lecture you on the dangers and disadvantages of not having a lawyer in front of the court reporter.

What Happens if I Don’t Come to Court for My Appearance?

If you don’t come to court, a warrant can be issued for your arrest.  Some Courts will excuse your appearance on a first or second announcement IF YOU HAVE A LAWYER.  You should never assume your attendance is excused, however, and should always clear it in advance.

Do I Need a Lawyer for a First Appearance?

Yes.

Many people feel like they just want to talk with the prosecutor first.  That might be okay if you were charged with a parking ticket or moving violation.  If you have a court case in County Court at Law or District Court in Collin County, though, your charges are a bit more severe.

Here’s what I think about visiting directly with a prosecutor about your case.

*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 consult an attorney.

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Posted by Jeremy Rosenthal, Esq.