Criminal Credit or Debit Card Abuse

August 13, 2011

By Collin County Criminal Lawyer Jeremy Rosenthal

texasdefensefirm.com

(972) 369-0577

It’s not a crime to be irresponsible with your credit cards.  It is a crime to use someone else’s credit card without their consent.

Credit or debit card abuse is defined by Texas Penal Code 32.31 which holds, in part, beginning in subsection (b);

(b)  A person commits an offense if:

(1)  with intent to obtain a benefit fraudulently, he presents or uses a credit card or debit card with knowledge that:

(A)  the card, whether or not expired, has not been issued to him and is not used with the effective consent of the cardholder; or

(B)  the card has expired or has been revoked or cancelled;

The code lists out several other ways credit or debit card abuse can be committed other than just using someone else’s credit card.  Other examples include using fictitious credit cards, possessing someone else’s credit card without their consent with intent to use it, or buying or selling credit or debit cards (unless, of course, you are the issuer).  You can read the entire statute here to see the full list of violations.

Credit or debit card abuse is a state jail felony unless it is committed against someone over the age of 65, in which case it is a third degree felony.

*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 directly.

 

 

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Places You Can’t Carry a Firearm in Texas

August 7, 2011

By Dallas and Collin County Criminal Defense Lawyer Jeremy Rosenthal

(972) 562-7549

texasdefensefirm.com

Texas Penal Code 46.03 is titled, “Places Weapons Prohibited” and specifically lists the places you can’t carry a firearm under Texas law.

Though the most complete list with the entire text is provided in the link to the statute above, prohibited places include both public and private schools, polling places when voting is in progress, government offices, and secure areas of airports.

Other, less obvious places include racetracks and within 1,000 feet of premises designated by the Texas Department of Criminal justice on a day that a death sentence is to be imposed.

Currently, under Tex.Pen.C. 46.03(f), it is not an affirmative defense to these offenses if the person carries a concealed handgun pursuant to Subchapter H, Chapter 411 of the Government code.  Proposed amendments to this provision which would have allowed concealed weapons on college campuses failed during the recent Texas legislative session.

Offenses under this chapter are third degree felonies.

*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 as to any specific situation you should contact an attorney directly.

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Why I LOVE the TV Show “Cops”

August 6, 2011

By Dallas and Collin County Criminal Defense Lawyer Jeremy Rosenthal

(972) 562-7549

texasdefensefirm.com

I love the TV show “Cops.”  I normally hate lawyer shows and courtroom shows, but for some reason when I’m flipping the channel and I see “Cops” on, I have to sit down and watch.

It took me a while to figure out my strange fascination with this show, but I think I’ve finally put my finger on it.  I love how it humanizes not only law enforcement, but the entire situation surrounding a patrol and an arrest in a way no other program can deliver.

We get to see the officers talk with the camera one-on-one, and we learn very quickly that some officers are human, down to Earth and are men of high integrity.  We also get to learn that others take themselves far too seriously, stretch their knowledge in areas to seem more experienced than they actually are and use gratuitous police jargon to impress the cameras.

The program obviously shows that police put their lives on the line to protect the public, and it shows some of the gritty conflicts they encounter — which frankly most of us go out of our way to avoid.  When it’s 2 in the morning and I hear something outside go “bump” in the night… no one is happier than I that someone is out there to protect me and my family if the situation arose.

The show has many situations where the issues are obvious and the suspect clearly guilty.  There are other situations, though, where you can the see officer making very human mistakes.  Group situations are common where the officers have to choose who they think is right.  It’s amazing to see that when an officer makes up his mind who is right or wrong… how virtually no fact or person can change their mind.  Police will interview multiple people with questionable stories, yet one goes away in handcuffs and the rest get handshakes.  The arrest is usually followed by a self-serving justification.

But here’s my favorite part of the show… and you rarely see this in real practice as a criminal defense lawyer (probably due to the bright lights and cameras of the show).  My favorite is after the arrested person is in handcuffs and in the back of the squad car, the officer gives the Defendant the obligatory patronizing lecture of how they can be a better person.

There are two reasons I really enjoy the obligatory lecture.  First is that it’s fascinating to me as to why an officer finds it necessary to lecture someone that is often clearly out of it.  Often the guy in the back seat of the car is either stoned out of their gourd, just had the snot beaten out of him, or was just hit with a stun gun by the police.  Why the officer feels the need to show the world he is superior to someone in this state is beyond me.

The second and main reason, though, that I like the obligatory lecture is that it displays a common element you run into as a criminal defense lawyer from police officers and even some prosecutors.  The ability to sit in judgment on another person with great ease without regard to one’s own faults.  Keep in mind that by this point in the show, we have seen the lecturing officer often improperly profile someone, use excessive force, or frequently manipulate someone that is scared or intimidated.

My final point about the show is it also demonstrates how they give lip-service to the presumption of innocence which they otherwise run rough-shod over.  I could spend hours on that alone, but I won’t bore you.

I hope my points make you watch the show in a different way next time regardless of whether you agree with my views and observations.  As always, these are healthy debates.

*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 directly.

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Lessons from the Casey Anthony Trial

July 31, 2011

By Dallas and Collin County Criminal Defense Lawyer Jeremy Rosenthal

(972) 562-7549

texasdefensefirm.com

I’ve been getting asked about my thoughts on the Casey Anthony verdict.  My opinions are probably not like most on the topic.  To be completely honest, I didn’t follow the trial particularly closely and — like the rest of the world — I’ve got no clue whether she killed her child or not.

My view is that this trial — and the result —  has done a lot to educate the public as to the nuances of our criminal justice system.  Regardless of whether people fit into the “she did it” or “she didn’t do it” camp, people are debating the evidence and more importantly discussing the reasons why a criminal trial works the way it does.  That’s heathy.

When trying a complicated trial to a jury – whether it be a serious felony or whether it is a DWI with blood evidence, it is critical the jury understand it’s virtually impossible (1) to prove your own innocence in any case; or (2) to convince skeptics you are innocent by testifying in your own defense.  It’s also just as critical for citizens and jurors to understand that the police and prosecutors are making educated guesses at what happened too.  “The police tried really hard” and “we can’t let someone get away with this” just aren’t evidence.  If we don’t have evidence we run the risk of convicting an innocent person.  These are the real lessons from the Casey Anthony Trial.

Of course, there are always people that just don’t get it.  That is, people who only conclude from the Casey Anthony case that “our system is broken.”  Simply stated, that sentiment from someone not involved directly with the case presumes guilt — not innocence.  Also, when that sentiment is shared by the masses, it tends to produce mean changes in the law and jurors with an axe to grind.  This type of apathy also carries with it a nugget of self-ritcheosness which I find particularly difficult to swallow as someone that visits a lot with people who wonder where all of their rights have gone.

The Casey Anthony verdict teaches us many lessons which we sorely need — not the least of which focuses on whether the jury was right or wrong.

*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 particular situation, you should contact an attorney directly.

 

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Why I Defend People

July 27, 2011

By Dallas and Collin County Criminal Defense Lawyer Jeremy Rosenthal

(972) 562-7549

texasdefensefirm.com

Why do I defend people?

There are many reasons, I suppose.  I’m sure much of it is due to the way I was raised or my experiences with authority figures when I was growing up.  Either way, as with most people, I’m sure I’ll never fully understand exactly why I do what I do for a living.

Beyond that, though, there are several core values which I think I share with many other lawyers.

1.  Good People Can be Wrong

I fear the destruction decent people can do when they are blinded by the goodness of their work.  The more I see our criminal justice system in action, the more in awe I am of how the framers of the U.S. Constitution understood human nature.  They knew back then that government, law enforcement, and even the masses of citizens will ALWAYS seek more power in the name of safety, security and decency.  It was true back then and it’s true today.  And write it down… it will be true 200 years from now.

I realize it’s very easy to sound like the village idiot when discussing over-zealous prosecution.  But here’s the thing… decent people hurting others in the name of good comes in very subtle forms…

…like a rookie officer pretending to do a computer check while waiting for drug dogs to smell a teenagers car;

…a friendly reminder from the County Sheriff that you can enjoy your holiday weekend knowing officers are standing by to jam needles in the arms of the bad guys driving drunk;

…or a petty store loss prevention officer detaining and lecturing a manic depressed housewife for shoplifting for two hours before calling the police.

2.  Police Don’t have the Monopoly on Justice

I get to visit with juries on a frequent basis and show them that the prosecution and the police don’t have a monopoly on truth, fairness or justice.  Though I make a joke about it, we show citizens Superman and Batman don’t drink coffee with the police at Starbucks in between shifts rounding up bad guys.

We don’t live in a cartoon world where everything is black or white.  Just because the legislature says the punishment for a DWI is fair — doesn’t make it so.  I enjoy showing jurors the human side of the story to allow them to judge for themselves the right thing to do in each case.

3.  It Makes Law Enforcement Better

You read that right.

Everyone in America gets their paper graded.  Everyone.  Juries and Judges with the help of criminal defense Lawyers grade the police papers’ by throwing out cases where they have over-reached, done a sloppy job, or been flat wrong.  Law Enforcement officers will tell you that they can be trusted to manage their own performance, but again, the “trust-me” system of checks and balances is more for places like North Korea.

When a police officer gets caught exaggerating clues in front of a jury or has their arrest thrown out by a Judge because they took a shortcut, it honestly makes them a better officer whether they’ll admit that or not.

4.  It’s a Hard Job and it Takes Courage

Being a criminal defense lawyer isn’t for everyone.  You have to have the courage to stand in front of 70 complete strangers who can’t understand why the person next to you should even deserve a lawyer… or how any lawyer would even undertake to defend such a person.

Not only do you have to have the courage to confront this situation… you have to have the confidence, experience and preparation to fight — and win — trials that begin this way.

I’m not suggesting being a prosecuting attorney is easy or less honorable because it certainly is not.  But it’s a lot easier to stand on the star in the middle of Cowboy’s Stadium and scream “Go Cowboys” than it is to yell, “You’ve got it all wrong!”

5.  I’m a contrarian.

I just am.

*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 consult an attorney directly.

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