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.


Why You Shouldn’t Represent Yourself in a DWI

February 9, 2010

By Collin County Criminal Defense Lawyer Jeremy Rosenthal

jeremy@texasdefensefirm.com

(972) 369-0577

Here’s why:

DWI Laws Are Nastier Than You Think

The laws against DWI are getting nastier and nastier with no end in sight.  My clients hear me repeat the phrase, “no politician ever got elected in Texas promising to go easy on DUI cases.”

Many people arrested for DWI feel they were wrong and should take responsibility for their mistake.  While this is an extremely admirable trait — it assumes the price for taking responsibility isn’t cruel and thoughtless.

The one thing the legislature can’t take away from you is your constitutional right to an advocate.  It’s the only way to try and level the playing field.

Don’t Assume Your Arrest is a Lost Cause

First, as any prosecutor will tell you, DWI’s can and do very frequently end in acquittals.  Jurors are just like you.  In a DWI they truly presume you innocent unlike other cases.  They listen much to the dismay and chagrin of the prosecutor and the police officer who would have them believe there is only one side to the story.

Scientific Testing are Man-made Mouse-traps

Blood and breath tests can be discredited through different scientific arguments and sometimes you can demonstrate to the jury the test was simply improperly conducted.  The equipment is fallible and jurors are often surprised at just how imprecise these machines truly are.

The practice of blood warrants is controversial.  Forcibly putting a needle in someone’s arm would be a 2nd Degree Felony under the Texas Penal Code (aggravated assault with a deadly weapon) if it weren’t conducted under the color of law.  Regardless, DWI enforcement has lost so much perspective that this practice is justified to solve first-time DWI offenses that are Class B Misdemeanors.

Police Have to Follow the Rules Too

Additionally, Judges frequently suppress improper traffic stops or other improper police contact.  This means that where an officer has been overly-aggressive in finding a reason to pull a car over or the officer didn’t have the right to visit with you… all or some of the evidence may be thrown out by the Judge if improperly attained pursuant to Texas Code of Criminal Procedure 38.23.  In those instances field sobriety tests, breath tests, and even blood tests can be inadmissible for the prosecution.

There is so much at stake in a DWI for your future that a short article hardly does it justice.  I’ve only addressed the tip of the iceberg as far as consequences and punishment.  There is so much other red-tape such as driver’s licenses suspensions, surcharges for driver’s license renewals, and deep-lung-devices being ordered on your car, it hardly makes sense to go into this process alone.

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


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


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.