Collin County Criminal Defense Lawyers

Rosenthal & Wadas, PLLC

4500 Eldorado Parkway, Suite 3100
McKinney, Texas 75070
USA

(972) 369-0577 or (877) 538-8640

(972) 369-0532

www.rosenthalwadas.com

Contact Jeremy Rosenthal

Published Articles

Law Firm Overview Free Consultation

Rosenthal & Wadas, PLLC offers legal representation on issues related to criminal law. As experienced Collin County criminal defense attorneys, Rosenthal & Wadas are prepared to fight the prosecution and law enforcement in your case. They believe in aggressive criminal defense and there’s more to the story than just the police’s version.

Rosenthal & Wadas provide complete representation to people charged with different criminal offenses ranging from misdemeanors such as Driving While Intoxicated charges, possession of marijuana, assault and theft to felonies such as possession of cocaine, possession of drugs with intent to distribute, and aggravated assault.

If you have been arrested for, or charged with a crime this is very likely a bewildering time for you. Rosenthal & Wadas offers a free half hour consultation during which we will advise you of the law concerning the particular offense with which you have been charged, discuss the facts of your unique situation, evaluate your case for potential defenses and likely outcomes, and answer any questions you may have about the law or the court process in general. Please call our office toll free at 877 538 8640 or local - (972) 369-0577, or check out our website http://www.rosenthalwadas.com

Practice Areas

Practice Areas Description

- DWI – DUI Intoxication

Every state has laws preventing drunk driving. Some call their laws DWI (driving while intoxicated) and some call it DUI (driving under the influence). Texas actually has both, but there is a big difference between the two. Only a minor can commit a DUI in Texas. A DUI is where a person under 21-years of age has consumed any detectible amount of alcohol and is operating a motor vehicle. A DWI can be committed by anyone (including minors) who do not have the normal use of their mental or physical faculties due to the introduction of drugs, dangerous drugs, or other substances into the body and are operating a motor vehicle.

- Drug – Marijuana Charges

The law of drug possession and/or distribution is a highly complex area. The law surrounding possession, search and seizure, or what it means to have intent to distribute are just some some of the highly technical issues encountered in Texas drug cases. Law enforcement is typically not interested in your side of the story — and that is where effective advocacy plays a role as well. Just because the prosecutor and the police believe there is only their side to the story doesn’t make it so. It is the Judge and Jury that often decide.

- Theft

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.

- Criminal Trespass

Under Texas Penal Code Section 30.05, a Criminal Trespass is committed where a person enters or remains on or in the property of another, including residential land, agricultural land, recreational-vehicle park, building, or aircraft or other vehicle without effective consent and had either notice that the entry was forbidden, or received notice to depart but failed to do so.

- Weapons

Often times people in possession of certain weapons don’t learn that possessing those weapons is an offense until they’re in handcuffs. Depending on the weapon in question, the offense can be a Class A Misdemeanor or even a Felony. Texas Code of Criminal Procedure 46.05 controls prohibited weapons.

- Assault – Domestic Violence

Domestic or family violence charges in Texas range from class c misdemeanors (the same level as a minor traffic offense), to felonies in other circumstances. The fact that some are charged as class c’s doesn’t diminish their importance and can act as a trap door.

- Expunctions

A criminal arrest record can be like the legal equivalent of cancer. It can cost you a job, a promotion at work, or a home loan. Most aren’t interested in hearing that you were acquitted or the charges against you were dropped. An expunction is the legal equivalent of curing the cancer that is a criminal arrest. A state district judge orders the records stemming from a criminal arrest destroyed.

- Burglary

Texas Penal Code Section 30.02(a)(1) governs burglary. That offense is committed where a person without the effective consent of the owner enters a habitation or a building (or any portion of a building not open to the public) with the intent to commit a felony, theft, or assault.

- Child Abuse

Child abuse allegations are extremely serious in nature. Texas law takes these matters so seriously that we are all charged with an affirmative duty in Texas of reporting any abuse or neglect of a child to the authorities. This duty even cuts through the attorney-client relationship.

- Computer Crimes

Section 33.03 of the Texas Penal Code covers the breach of computer security — generally known as hacking. That law makes it a crime for someone to knowingly access a computer, computer network, or computer system without the effective consent of the owner.

- Evading Arrest or Detention

Evading Arrest or detention is governed by Tex.Pen.C. 38.04 and it is committed where a person “intentionally flees from a person he knows is a peace officer attempting lawfully to arrest or detain him.” Evading can be charged differently depending on the facts and resulting injuries someone may sustain (in a car accident for example during a chase). It’s a Class B Misdemeanor if done without a vehicle (by foot); a State Jail Felony if done by vehicle or if the accused has a prior evading conviction; a 3rd Degree Felony if done with a vehicle and a prior evading conviction or if during the offense someone sustains serious bodily injury; a 2nd Degree Felony if someone dies during the evading.

- Indecent Exposure

There are very few allegations more humiliating than indecent exposure. Texas Penal Code 21.08 governs Indecent Exposure and that statute holds, “A person commits an offense if he exposes his anus or any part of his genitals with intent to arouse or gratify the sexual desire of any person, and he is reckless about whether another is present who will be offended or alarmed by his act.”

- Juvenile Law

Juvenile arrests in Texas (children younger than 17 years of age) are different from adult arrests. Texas Family Code Chapters 53.02 and 54.01 govern the proceedings after a juvenile is arrested. Whereas an adult has a right to see a magistrate within 24-48 hours after arrest (depending on the level of offense), a juvenile has no such right.

- Jail Release

Collin County and Plano Writ bonds are only appropriate in a narrow set of instances. The offense charged must be a Class B or A Misdemeanor (meaning no traffic tickets or felonies). No assault or family violence charges either. Also, the person cannot have any other holds from other cases keeping them in jail independently of the new charge.

- Perjury Law

Texas Penal Code Chapter 37 covers perjury. Perjury, like any other type of charge, has differing levels of severity depending on the circumstances. The degree of offense ranges from a Class A Misdemeanor to a Third Degree Felony. Punishment level aside, Perjury is obviously a crime of moral terptitude which carries with it it’s own set of stigmas and consequences. Make no mistake — a perjury allegation is ridiculously bad news!

- Probation Violations

Probation, also called community supervision, is where the Judge suspends all or part of the sentence in a case for a certain period of time. In the probationary period, the person typically completes community service and other requirements such as classes or drug testing. A person on probation in Texas must complete and abide by “terms and conditions” of probation. Typically a person cannot commit an offense against the State of Texas or any other state as a minimum. Other requirements range from requiring the defendant to report changes in address, changes in employment, and new arrests, if any.

- Public Intoxication

Texas Penal Code Section 49.02 governs public intoxication. The statute says Public Intoxication (or a PI) is committed where, ”…the person appears in a public place while intoxicated to the degree that the person may endanger the person or another.” The degree of intoxication is actually greater than the degree of intoxication necessary to be guilty of Driving While Intoxicated. For a DWI, the standard is that a person “does not have the normal use of their mental or physical faculties…”

- Robbery

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.

- Vandalism – Criminal Mischief

Criminal Mischief is the essentially Texas’ way of labeling vandalism. Under Tex.Pen.C. 28.03, a person commits an offense if, without effective consent of the owner, he intentionally or knowingly damages or destroys the tangible property of the owner; intentionally or knowingly tampers with the tangible property of the owner and causes pecuniary loss or substantial inconvenience to the owner or a third person; or intentionally or knowingly makes makings, including inscriptions, slogans, drawings or paintings, on the tangible property of the owner.