Top 5 Mistakes When Hiring A Criminal Defense Attorney Countdown — #1

February 17, 2010

By Collin County Criminal Defense Lawyer Jeremy Rosenthal

(972) 369-0577

This week I’m counting down the top 5 mistakes people make in hiring a criminal defense attorney.

#1.  Hiring a lawyer that pleads everyone guilty.

I approach every case looking for a way to win – not why we should lose.  Sometimes the paths to victory are many, sometimes they are wide, and sometimes there is just a sliver of hope.  But the slivers are there if you look hard enough. I consider pleading guilty a last-option in most instances in Texas state courts in Collin and Dallas counties.

This means I set a decent percentage of them for trials or motions to suppress.  But there are lawyers who advise their clients to plead guilty virtually every time.

I rarely question another lawyer’s professional judgment.  And let’s be straight – pleading guilty or not guilty is exclusively the client’s decision.  But a lawyer’s advice typically plays a very heavy part.

I struggle to think of reasons why a particular lawyer simply never puts the State of Texas to task.  Maybe they’re intimidated.  Maybe they lack confidence.  Maybe they’ve made the immature mistake of sitting in judgment on their client if the client used poor judgment or made a mistake.

Whatever the case may be – trial is an important option and a constitutional right.  It should at least be discussed and considered.  Not having that option severely restricts your chances for success.

The cure for this is simple.  When interviewing your lawyer you should ask them how often they take cases to trial?  When was the last time they tried a case?  How many cases like yours have they tried in the past couple of years?

The answers will be revealing.  I’m not suggesting the “tougher” lawyers are better – but you should consider hiring someone that doesn’t take options off the table and who isn’t afraid to pull the trigger and take the state to trial.

*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 consult an attorney.

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Posted by Jeremy Rosenthal, Esq.

Top 5 Mistakes in Hiring a Criminal Defense Lawyer Countdown — No. 2

February 16, 2010

By Collin County Criminal Defense Lawyer Jeremy Rosenthal

www.rosenthalwadas.com

(972) 369-0577

This Week I’m Counting Down the Top 5 Mistakes People Make When Hiring a Criminal Defense Lawyer.

#2:  Hiring a Lawyer that Gives You Unreasonable Expectations

I’m licensed to practice in Texas.  Here it is unethical for a lawyer to promise a client certain results.  I can’t imagine it’s permissible in any other state.

I often visit with people and my view of the case is much brighter and more optimistic than they anticipated.  But making a promise there is even a sliver of a chance I can’t keep helps no one.

Every single case – DWI, marijuana, felonies, or whatever, is like a snowflake.  Each set of facts has it’s own unique nuances which may turn the laws in different ways.  There’s also the unpredictability of humans such as prosecutors, witnesses and not least of all – juries.

A Doctor can’t predict how the human body will react to treatment with 100% certainty – and a lawyer can’t predict how the human judicial process will react with 100% certainty.  Good lawyers recognize the variables and do their best to put those variables in perspective.

Every lawyer takes an oath to zealously represent their client.  Any lawyer you hire should be willing to fight for you and defend your case aggressively.  A guarantee isn’t part of the equation.

Another thing to consider about a lawyer that promises results – is that it’s not smart from the lawyer’s perspective!  Even if that lawyer can deliver on their guarantee often – they’re breaking their pledge probably just as often.  If a lawyer makes a mistake like this in their own judgment – how can you expect them to be smart with your case!

 

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Posted by Jeremy Rosenthal, Esq.

The Top 5 Mistakes You Can Make When Hiring a Criminal Defense Lawyer Countdown — No. 4

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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How Can I get a Police Report After I was Arrested?

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.

Do I need an Attorney for a Theft Case in Texas?

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.

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