The Top 5 Mistakes You can Make When Hiring a Criminal Lawyer Countdown — Reason No. 5

February 14, 2010

By Collin County Criminal Defense Lawyer Jeremy Rosenthal

texasdefensefirm.com

(972) 369-0577

For the next five days, I’ll be counting down the top 5 mistakes people make in hiring criminal defense attorneys regardless of whether the case is a DWI, Marijuana, other drugs, theft, assault, felonies, or any other type of case.

#5: Hiring a Criminal Defense Attorney Based Solely on Price:

I’m not going to lie — the cost of a criminal defense attorney may very well be a good indicator of how good that lawyer really is.  Sometimes the best guy around is the priciest and the guy who charges the least may be that way for a reason.  There are plenty of other things to consider about judging a lawyer.

The more the lawyer’s time is in demand, the more it’s worth, and the higher the fee.  The less they are in demand, the less they charge.  That is the theory, anyway.  The bad assumption in that argument, though, is that the lawyer is in demand (or not in demand) because they are good (or bad) at what they do.

Consider this  —  a lawyer with a slammed schedule is slammed because they’re just better at marketing than other lawyers in the community.  Or a lawyer who charges a lesser fee has a smaller office and over-head doesn’t dictate their fees.  These things punch big holes in the theory above and there are countless other things which dictate what a certain lawyer may charge.

Should the fee be an important factor in hiring a criminal defense lawyer?  Absolutely.  Abraham Lincoln said it best about legal fees, “…In this way the client knows he has a lawyer, and a lawyer knows that he has a client.”

My point is that money shouldn’t be the only factor!  Ask tough questions.  Are you comfortable with the answers?  Do they make sense?

Your gut and intuition are often the best tools in assessing lawyers and sometimes price can be misleading.

*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 consult an attorney.

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Posted by Jeremy Rosenthal, Esq.

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 You Need a Lawyer for a Drug Case in Texas?

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

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

How do I select a lawyer in a Criminal case?

February 8, 2010

By Collin County Criminal Defense Lawyer Jeremy Rosenthal

jeremy@texasdefensefirm.com

(972) 369-0577

In Texas, if you have been charged with an offense you have three basic choices.  You have the choice to plead guilty or not guilty, the choice to testify on your own behalf, and the choice to select a judge or jury to asses punishment if trial is unsuccessful.  These are not simple choices, fun choices,  or easy choices.

Your lawyer should be able to give you as complete a picture as possible with regards to the facts, the law, and the probable outcomes so that you are comfortable making these important decisions.  Additionally, your lawyer should make it their business to be a skilled advocate for trial and/or dealing with the prosecutor or law enforcement.  You need to be comfortable with your attorney and no one attorney is perfect for everyone.

Don’t be afraid to ask questions in your consultation.  Appropriate questions are how many times an attorney has handled this type of case, what percentage of this type of case comprises their current case-load, and how often do they take cases to trial?  These simple questions can tell you a lot about the lawyer such as their willingness and ability to explore every angle of your case.

Some lawyers can be very aggressive in their rhetoric but no lawyer can guarantee you results in any circumstance.  Be very leery of lawyers who do.  You can ask a lawyer their ‘win-loss’ record, but don’t expect many revealing answers.  Cases, people, and their legal situations are like snowflakes.  Sometimes victory means complete acquittal and an expunction and sometimes victory means dodging a legal bullet to the head and taking a flesh wound instead.  Our profession is one of managing countless variables and cramming it into ‘win-loss’ context really doesn’t give anyone an accurate picture.  When I get asked that question, I joke with people that I’m trying to make the playoffs!

Finally, don’t be afraid to visit multiple lawyers.  Attorneys that are good at what they do shouldn’t be bothered by this.  This is your critical decision, after all.

*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 Super Lawyer as designated by Thomson Reuters.  www.texasdefensefirm.com

1 Comment | DWI, Emergency Protective Orders, Expunction & Non-Disclosure, Murder, probation, sex cases, sex crimes, sex offender registration, sexual assault, Uncategorized | Tagged: , , , , , , , , , , , , , , , , , , | Permalink
Posted by Jeremy Rosenthal, Esq.

Should I just talk to the Prosecutor when I go to Court?

February 6, 2010

By Dallas and Collin County Criminal Defense Lawyer Jeremy Rosenthal

(972) 369-0577

jeremy@texasdefensefirm.com

There’s not much in it for you.

The prosecutor may be a nice person.  Most are.  Your criminal record, though, is not as important to them as getting to lunch on time.

Prosecutors are your legal opponent and frankly most have never defended anyone so they don’t understand nuances to keep your record clean.  They don’t understand how to minimize collateral consequences such as professional licensing, immigration, or future enhancement.  Most have never had to crack a book on these issues.  Many will make uninformed representations about your rights and about the effects of your plea.

In fairness to prosecutors, It’s not their job to point out legal and factual weaknesses in their own case which can result in acquittal.  They don’t review a police report critically like a defense attorney would for legal issues, defenses, and inconsistencies.  They see the police report as a checklist and not much more.

Many times people think because they made a mistake or because no one will believe their side of the story – they need to just visit with the prosecutor, take their medicine and get it over with because it’s hopeless and there is no need to spend money on a lawyer.  You may not think it’s a big deal now, but studies have shown criminal records cost people money over the course of their lives.

I have not met a prosecutor that would retaliate against someone for getting a lawyer though I am sure there are some out there.  Most actually appreciate the opportunity to streamline your case.

Talk to 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. 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.

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