Getting a Theft Off Your Record Isn’t Hopeless

June 22, 2012

By Collin County Criminal Lawyer Jeremy Rosenthal

(972) 369-0577

texasdefensefirm.com

Theft looks rough on a background check whether it was for less than $50 or for more than $200,000.

Theft cases are hard to fight too and statistics back that up.  Retail stores today are equipped not only with surveillance cameras but also with extremely aggressive loss prevention officers who routinely suspect innocent people of being criminals.

But it’s not hopeless getting a theft arrest off your record in Collin County if you take the right steps early.  There are two main avenues other than trial which could result in an expunction of a theft arrest.

The first is through the Collin County pre-trial diversion program which is an informal probation by invitation only where the prosecution agrees to dismiss charges and even agrees to an expunction.  An attorney can help make the case to the prosecutor that their client is worthy of invitation and final acceptance into the program — and also evaluate the pros and cons of entering the pre-trial diversion program.

A second way to get a record expunged is by plea bargaining for the prosecutor to agree to reduce the charges to a Class C misdemeanor (usually from a Class B or A misdemeanor) and give deferred adjudication.  This has the legal effect of allowing eligibility for expunction after two years from the date of the arrest if the deferred is successfully completed.

While the statistics and the prognosis can be very daunting when facing a theft charge in Collin County, you should remain hopeful of seeing your way through the problem with patience, diligence and advocacy.

*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 for any issue you should speak directly with an attorney.

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Posted by Jeremy Rosenthal, Esq.

When do I Have to Plead Guilty or Not Guilty in a Criminal Case?

August 17, 2010

By Dallas and Collin County Criminal Defense Lawyer Jeremy Rosenthal

(972) 562-7549

texasdefensefirm.com

In Dallas and Collin County criminal defendants are typically not required to enter into a plea on initial court settings and typically only do so either immediately prior to trial (in the case of a not guilty plea), or obviously if and when they make a plea bargain with the State. Most initial and second settings are merely to make sure the defendant is keeping up with requirements of bond as well as giving the prosecutor and defense lawyer an opportunity to make progress towards the resolution of the case… Be that a dismissal, a trial, or a plea bargain. Visiting directly with the judge is rare at these court dates.

Chapter 26 of the Texas Code of Criminal Procedure governs arraignments (the formal process where a court informs the accused of the charges against them as well as advising the accused of other rights). The arraignment is typically where a defendant will enter a plea, but the code is relatively silent on exactly when that must occur. Tex.Code.Crim.P. 26.03 only says arraignment is improper if it’s done within two days of indictment and the accused is still in jail.

Most Texas Courts have their own policies in place for when they do arraignments requiring a defendant to plead guilty or not guilty. In General, Dallas and Collin Counties only require the plea to be made at a guilty plea or before trial begins.

Some courts may seek to arraign defendants at their initial court setting for other reasons. This doesn’t necessarily mean you can’t change your plea but you should obviously consult your lawyer first.

*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 as legal advice. For legal advice you should directly consult an attorney.

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Posted by Jeremy Rosenthal, Esq.

Robbery

July 23, 2010

By Collin County Criminal Defense Lawyer Jeremy Rosenthal

texasdefensefirm.com

(972) 369-0577

Our mind’s eye tends to think of a typical robbery as a person holding up a bank or a convenience station with a gun and asking for all the loot.  In reality, the Texas robbery statute is far thinner and believe it or not, some robbery cases can be extremely difficult cases for the prosecution.

Texas Penal Code Section 29.02 governs robbery and under subsection (a), robber is committed where, “…in the course of committing theft as defined in Chapter 31 and with the itent to obtain or maintain control of the property, he; (1) intentionally, knowingly or recklessly causes bodily injury to another; or (2) intentionally or knowingly threatens or places another in fear of imminent bodily injury or death.

One main reason why these cases present difficulties to the State is that there is no requirement under the law that the robbery be pre-meditated.  In other words, it is a common scenario for a “robber” to be someone that in the course of simple shoplifting gets into an altercation with a shop-owner.  So a person who merely intended to shoplift property from a store can walk-out being saddled with a robbery charge!  These present the prosecution with headaches because jurors think robbery charges in those circumstances may be a bit harsh.

Aggravated Robbery is committed under Penal Code Section 29.03 and differs from a simple robbery because the victim suffers serious bodily injury or the defendant “use or exhibits” a deadly weapon.

Robbery is a 2nd Degree felony punishable between 2 and 20 years in prison and a fine not to exceed $10,000; and aggravated robbery is a first-degree felony and is punishable between 5 and 99 years of prison and a fine not to exceed $10,000.

Punishment in these types of cases are often the greatest battles.  The Collin County District Attorney’s Office, for example, has policies which do not allow prosecutors to plea negotiate very much and have harsh prison recommendation for first-time defendants.

Getting a lawyer on a robbery case is important for both guilt-innocence and punishment phases of a trial.  Having a trial lawyer that knows how to show you as a human to the jury is critical.

*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.

How Do I Plead Guilty to a Criminal Charge?

June 8, 2010

By Collin County Criminal Defense Lawyer Jeremy Rosenthal

(972) 369-0577

texasdefensefirm.com

I hate advising clients to plead guilty.

Hate it!

Some tough-guy lawyers will never admit to advising clients to plead guilty but every criminal defense lawyer I know will admit to not only advising clients to accept a deal but begging or pleading with a client on occasion.  Often the facts are stacked against you or the down-side of taking a case to trial is just too scary for the client.

There is no real difference between a guilty plea and a no-contest plea in Texas, so I’m referring to both in this blawg.

A guilty plea is like a contract in Texas.  Both you and the prosecution sacrifice and gain something by way of agreement (you usually sacrifice a lot more).  You are waiving your rights to trial and all that comes with it… the right to prepare, the right to call witnesses, the right to cross examine… etc.  The State is waiving their “right” to seek a greater punishment and, they would argue, their “right” to a jury trial.  In return, you are getting a specific punishment (which may be deferred adjudication depending on your plea deal) and more importantly — you’re also eliminating variables of what may happen to you at trial.  The State benefits because they get a verdict without a trial.

The plea is subject to approval by the judge.  When you plead guilty, you legally empower the judge to (a) find you guilty and (b) sentence you anywhere within the punishment range.

A Texas judge can do one of three things with a plea.  He can accept it (the vast majority of pleas are accepted — I don’t have stats but I’d be willing to bet it’s 99.5% or even greater).  He can reject the plea, or he can accept the plea and modify terms an conditions of probation assuming the plea includes probation.

If the judge flat-out rejects the plea, then he must inform the defendant he’s rejecting the plea so the defendant can withdraw his plea an assert his right to a trial.  A judge rarely knows any specific fact of your case other than what you are charged with — like a DWI, marijuana case, drug possession with intent to distribute, and so on… and for this reason, the Judge is unlikely to tinker with a deal a lawyer and prosector have worked hard to make happen.

Whether to plead guilty or not guilty is a case-by-case analysis.  I advise clients to fight on certain cases for all sorts of reasons and I advise clients to plead guilty on occasion too — because that may be the best answer or because we’re getting a really good deal under the circumstances.

Your choice to plead guilty or not guilty is an extremely important one.  Don’t make the decision alone — have a licensed attorney experienced in the area of criminal law assist 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 is intended to be legal advice.  For legal advice about your specific situation you should consult an attorney.  This article does not create an attorney-client relationship.

 

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Posted by Jeremy Rosenthal, Esq.

Female Shoplifting and Depression – A Link?

April 19, 2010

By Collin County Criminal Defense Lawyer Jeremy Rosenthal

texasdefensefirm.com

(972) 369-0577

I’m not a psychiatrist or a psychologist.  My law license says “Counselor” and I joke that I’m not exactly sure why.

Regardless of the disclaimers, it seems to me that there may be a link between depression and theft when it comes to women.  Just in surfing the internet, there is article after article about the links between the two from medical professionals and non-professionals alike.  Even Winona Ryder, famed shoplifter from 2001, suffered from depression and anxiety disorders.

Putting on our lawyer’s hat, the question isn’t necessarily the same question that medical professionals may ask themselves.  The legal question is two-fold.  First, how does this apparent phenomenon translate into legal reality — and second, what are appropriate treatments assuming conventional criminal justice punishment misses the mark?

Texas Penal Code 8.01 is the insanity defense.  That statute states,

“(a)  It is an affirmative defense to prosecution that, at the time of the conduct charged, the actor, as a result of severe mental disease or defect, did not know that his conduct was wrong.

“(b)  The term “mental disease or defect” does not include an abnormality manifested only by repeated criminal or otherwise antisocial conduct.

As you can see, the statute expressly prohibits diagnoses such as kleptomania or other “abnormality manifested only by… antisocial conduct.”  This language may tend to have courts highly scrutinize an insanity defense in a shoplifting or theft case.  Indeed, Texas case law is somewhat scant in these cases as well providing little useful guidance.

Not only do courts highly scrutinize the insanity defense for theft cases, but many jurors have an extremely difficult time acquitting or excusing someone who is factually guilty of any criminal offense.

Based on the legislature, courts, and jurors view of the insanity defense, an insanity defense could be an extremely difficult defense to raise in a theft or shoplifting situation.

As far as treatment is concerned, most courts in Texas send persons that have either plead guilty to theft to “anti-theft classes” for probation.  Also, not being a medical professional, my guess is that therapy, counseling, and/or medical treatment for the underlying depression and discussion of the triggers for the theft actions can never be a bad idea.  The problem is that the counseling and treatment may come along with a painful criminal record.

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, you should always consult an attorney.

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