Should I Just Throw Myself on The Mercy of The Court?

July 28, 2010

By Dallas and Collin County Criminal Defense Lawyer Jeremy Rosenthal

(972) 562-7549

texasdefensefirm.com

I get asked this question on a regular basis at the onset of a case.  My answer is this — there may be a time and place for that, but you can’t be acquitted that way.  If begging for mercy gets you the best result possible besides an acquittal — it is usually just a coincidence.

Most of us are programmed with integrity and a sense of shame if we think we’ve done something wrong.  Those traits serve us well most of the time.  But there are three things you may be incorrectly assuming in thinking that just pleading guilty and begging for mercy is the only thing to do; (1) you’re assuming that it’s improper or somehow dishonest to assert your constitutional rights such as remaining silent and forcing the State to prove it’s case beyond all reasonable doubt; (2) you’re assuming that a judge or a jury will punish you more for holding the police and the prosecution to the burdens and standards they accepted when they took the job; and (3) you’re assuming that the Judge’s or prosecution’s view of justice is fair — and that you’ll have a frame of reference to know whether or not the deal you’re getting is raw.

Notice I used the word “assume” four times in the above paragraph.  When you make the decision to plead guilty before you’ve had a lawyer evaluate the case — you’re making a ton of assumptions which means you’re ultimately making a very uninformed decision.

A good general doesn’t take an effective battle weapon off the table when planning for war.  A good doctor doesn’t take a useful procedure out of consideration when dealing with an illness… so why should you limit your options and fight what may be the most critical situation of your life with your hands behind your back?

There may be all sorts of legal defenses available in any given case, or at the very least, an attorney can help you have a voice when the prosecutor is being unfair with punishment options… but you won’t know unless you make the decision to at least keep the option of being aggressive on the table!

*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 situation.

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Posted by Jeremy Rosenthal, Esq.

You Don’t Have to Prove You Are Innocent — It’s Probably Impossible Anyway!

March 4, 2010

By Collin County Criminal Defense Lawyer Jeremy Rosenthal

(972) 369-0577

texasdefensefirm.com

One of the most common misconceptions in criminal law is people’s confusion about the difference between proving innocence and casting doubt.  It’s an understandable mistake because after all — we’re all programmed since birth to hear ‘both sides of the story.’

In our system of justice — you are under absolutely no burden whatsoever to prove you are innocent.  The prosecution must prove you’re guilty beyond all reasonable doubt.  If they can’t, then you’re entitled to acquittal.

This is because another way of saying a person has a reasonable doubt is there is a reasonable chance the person is innocent too.  So you can see the huge difference in demonstrating how innocence is a reasonable possibility and actually convincing jurors a person is innocent.

When I had jury duty in Collin County they even showed us a video where an actor said, “we had to find the person innocent” which, to me, sounds like someone scratching a chalkboard… they really had to find the person was ‘not guilty.’  and there is a huge difference.

There is really no other fair way to have a criminal trial if you really think about it.

During jury selection, I’ll often ask a panel member how they would prove to me that they didn’t break a traffic law — say speeding or running a red light — on their way to court.  Most say that they could swear to it.  But then they draw a blank about how they would actually prove their innocence with hard evidence and not just their word.  The truth is that they could never prove their innocence unless there was some sort of camera following them on their entire trip which is silly to even think about.  In fact, the harder they tried to somehow unsuccessfully prove their innocence — the guiltier they would look!

Think about all the people being let go after years and years of prison due to exoneration.  Those are cases where there is DNA evidence — and DNA evidence is not commonly used in DWI cases, theft cases, or drug possession cases.  It’s not always even available in murder or sexual assault cases!

If you’ve been charged in Dallas or Collin County you shouldn’t worry about whether you can prove that you’re innocent.  I’ll save you the time and trouble — there is a great possibility that you can’t – and you don’t have to anyway.  Focus on getting a criminal defense lawyer that can use the evidence available to cast doubt on the prosecution and state’s conclusions.

*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 directly with an attorney.

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Posted by Jeremy Rosenthal, Esq.

If I Am Guilty, Then I Have to Plead Guilty, Right?

March 2, 2010

By Collin County Criminal Defense Lawyer Jeremy Rosenthal

texasdefensefirm.com

(972) 369-0577

Wrong, wrong, wrong!

People say this to me all the time.  I honestly admire them when they do.  But here’s the thing — you have a right straight from our Constitution to plead not guilty and force the state to prove your guilty beyond all reasonable doubt.  If they can’t you are entitled to acquittal regardless of what you did or didn’t do.  People who have a problem with that also have a problem with Thomas Jefferson, John Adams, and our other founding fathers.

Here is the flaw in the “I have to plead guilty” attitude:  Just because you’re being remorseful doesn’t mean the law and the prosecutor will be fair.  The State of Texas doesn’t have a phone line to the almighty so they can together decide what is and is not justice (regardless of the attitude of many of their prosecutors and policemen).

Take a DWI arrest in Collin County for example.  The person is taken to jail which is like a punch in their gut.  They have an embarrassing scene on the roadside, and then they have friends or loved ones help them get out which is also humbling.  For many, that experience alone may be punishment enough.

The state takes the position that you need to be branded with this forever and they’ve put a price tag on it designed to be as nasty a hardship on your wallet as they can possibly inflict.  Not only that, some politician down in the polls 15 or 20 years from now may decide to re-punish you with additional red-tape to prove they are “tough on DWI”  (and yes, there have been laws passed this last decade which affect the rights of those convicted in the past).

Also don’t forget you don’t have to prove your innocence at trial.  Even if you are guilty, the state often can’t prove it or they make a legal mistake entitling you to acquittal.  That is their fault and not yours.  Again, you’ve done nothing shameful or dishonest by pleading not guilty.

Merely because a prosecutor or policeman says pleading guilty equals justice doesn’t make it so.

*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 please directly consult an attorney.

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Posted by Jeremy Rosenthal, Esq.

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.