Collin County Criminal Lawyers Blog

Need to get a friend or loved one out of jail in the middle of the night? Or has the jail told you to get an attorney bond or "writ bond"?

I CAN HELP YOU
My office's 24-Hour jail release hotline is 214-402-4364.

In addition to my civil litigation and criminal defense practice, I also handle Plano and Frisco Attorney Writ Bonds for Collin County offenses. I am not to be confused with a regular bail bondsman, because as you will see below, a "writ bond" is actually not a bond itself, but a trigger mechanism to get a bond set to speed the process of getting a person out of jail. I do attorney or "writ bonds" for offenses where they are possible. Those offenses usually are:

1) Class A Misdemeanors--for someone currently held in Plano or Frisco jail
2) Class B Misdemeanors--for someone currently held in Plano or Frisco jail
(These are typically DWI, Theft, or Marijuana related arrests)

A "Writ Bond" is NOT Possible for

-Class C Misdemeanors/Traffic Tickets
-Family Violence/Assault Cases
-Felony Cases
-For someone that has already been transferred from either Plano or Frisco City jail to Collin County jail

How it Works
When a person has been arrested for a crime, they have to be brought before a magistrate judge within a reasonable time to have bond set. Depending on the time of the arrest, this process could take many hours (sometimes up to a day or more) and as a result the person will have to sit in jail until the bond is set. This is where the "writ bond" comes into play.

The "writ bond" actually stands for "writ of habeas corpus" (Latin for "you have the body"). When the attorney files the writ bond with Collin County it triggers a cash bond set by a County fee schedule depending on the offense and circumvents the wait to see a magistrate judge to have bond set. Once the bond is set via the filing of the writ bond, it can be paid like a cash bond (meaning the person in custody is both the principal and surety, which negates the need for a bail bondsman). As with all bonds, it will be refunded at the conclusion of the person's case, or if the person jumps bail the bond is forfeited.

Again, I am not to be confused with a bail bondsman. But, for the narrow range of offenses outlined above I can perhaps speed the process of a person's release from Plano or Frisco jail depending on the circumstances via the attorney or "writ bond". If either you or a loved one is in jail, please give my office's jail relief hotline a call and we'll discuss the case--214 402-4364.

So, you think you violated an FAR. Or you know you violated an FAR--like busting into Bravo airspace while you were trying to get that sectional map under control. Now, what do you do next?--this is where the ASRS "NASA" report comes into play.

What is a ASRS "NASA" report?

ASRS stands for Aviation Safety Reporting System, which was put into place by the FAA and it uses NASA as a independant third-party to receive the safety reports. Believe it or not, the FAA is more interested in figuring out why a problem happend then in going after the pilot, so the ASRS was born. The ASRS NASA report is basically a anonymous confidential safety report that a pilot, ground crew, air traffic controller, etc., can use to report they violated a FAR--unintentionally.

Why you want to file a ASRS "NASA" report

In the interest of safety and getting to the root of the problem, the FAA won't suspend or revoke your certificates if they investigate you and decide to take enforcement actions.

Of course there are a few catches:

1) You must have filed your ASRS "NASA" report within 10 days of the event. You must also keep the reciept of your filing the report as that will be the only proof you filed it.

2) The violation must not have been intentional.

3) You must not have been found guilty of violating an FAR in the last 5 years.

4) If there is illegal activity involved--think drugs and terrorism--the information will be forwarded to the authorities.

Back to our Class B airspace bust example, the next day you file a NASA report within the 10 deadline and to keep this simple, you have not been found guilty of an FAR violation within the last 5 years. Next you'll receive a reciept back in a few days or weeks that says you filed the report (it won't go into specifcis since it is anonymous, it will just say you filed the report). A couple months later, you receive the registered letter from the feds that indicates the FAA is investigating your Bravo bust and asks if you have anything to add--usually at this point it's a good time to contact an aviation lawyer to discuss how to respond to the FAA because there may be some strategy as to what point you want to let the FAA know you filed a NASA report. In the end, if you are found guilty of the violation the FAA will waive the enforcement action of suspending or revoking your certificates--this is assuming they do not think it is intentional or for drugs or terroism. The violation will still go on your record, but you will still have your certificates and will most likley still be flying.

Use it or Lose it

As a wise old airline pilot once told me when I asked about when to file a NASA report, "Hell, I file a ASRS/"NASA" report after every flight!" The moral to the story, If ever in doubt, file your NASA report. There is no limiti on the amount of NASA reports you can file. Of course, if you are found guilty of violating a FAR you'll need to take a 5 year break from filing one, but until that time....

An indivifual who two years after sucessfully completes deferred adjudication community supervision may petition the court for an order of nondisclosure under Government Code § 411.081. An order of nondisclosure prohibits criminal justice agencies from disclosing to the public, criminal history record information related to a particular offense.

Criminal history record information subject to an order of nondisclosure is excepted from required disclosure under the Public Information Act. However, criminal justice agencies are permitted to release criminal history record information subject to an order of nondisclosure to criminal justice agencies, authorized noncriminal justice agencies (too long to list here), and the individual who is the subject of the criminal history record information.

An individual with a criminal record should contact an attorney to determine whether they are eliglible for an order of nondisclosure.

Theft is defined under the Texas Penal Code as taking someone else's property without consent, either by deception or by physically stealing it.

The charge of theft in Texas can range from shoplifting to writing hot checks to buying a stolen car. As you can see it is a very broad charge with varying levels of punishment that range from a fine to prison time depending on the seriousness of the crime.

To charge a person with theft the police have to show that he/she acted with criminal intent, or that the person knew the property belonged to someone else and knew he/she didn't have their permission to take the property and that he/she actually have or had possession of the property--a person does not have to keep the property, but hold it long enough to deprive the owner of the property's value.

The range of punishment for theft in Texas has a direct bearing to the value amount of the property stolen--in short, the more the property stolen is worth, then the harsher the punishment will be. Also, if a person steals more than one item of property at once, those items will be added together for the charge and for punishment purposes. For example, if Mr. X shoplifts 3 video games each valued at $40 a piece and gets caught leaving the store without paying for them, he will be charged with theft of $120 for the 3 video games added together.

Penalties for Theft in Texas

Amount Classification Penalties
Less than $50, or less than $20 if by check Class C misdemeanor A fine of not more than $500
$50 or more but less than $500, or $20 or more but less than $500 if by check Class B misdemeanor Not more than 180 days in a county jail and/or a fine of not more than $2,000
$500 or more but less than $1,500 Class A misdemeanor Not more than 1 year in a county jail and/or a fine of not more than $4,000
$1,500 or
more but less than $20,000 State jail felony 180 days to 2 years in a state jail and/or a fine of not more than $10,000
$20,000 or more but less than $100,000 Third-degree felony 2 to 10 years in a state prison and/or a fine of not more than $10,000
$100,000 or more but less than $200,000 Second-degree felony 2 to 20 years in a state prison and/or a fine of not more than $10,000
$200,000 or more
First-degree felony 5 to 99 years in a state prison and/or a fine of not more than $10,000

These Texas theft penalties could be enhanced and increased one level (for example Class C and Class B misdemeanors become a Class B or Class A respectively, etc.) if a person has a prior criminal history of theft. Another example is a Class A misdemeanor becomes a state jail felony if you have two previous theft convictions.

Any crime is serious, but theft in Texas is extremely serious because of the long-term consequences of the conviction or guilty plea. Theft in Texas is what is called a crime of moral turpitude. A crime of moral turpitude refers to a crime that encompasses a base or vile act. The following offenses, whether charged as felonies or misdemeanors, are of the type that have typically been found to be crimes of moral turpitude:

crimes which involve either an intent to defraud or an intent to steal as an element;

crimes which involve an element of intentional or reckless infliction of harm to persons or property;

sex crimes, in which "lewd" intent is an element.

As a result, if you plead guilty or are convicted of a theft charge, it will go down on your permanent record and may stay on it forever. This type of crime on a person's record could hinder their ability to find employment, get into a school, or even worse consequences. Due to the seriousness of a theft charge and the possible long-term implications of a conviction of same, it is wise for a person accused of such a crime to consult a lawyer to review their options prior to making any plea agreement with the state.

So you busted an FAR, what happens next....?

ASRS/NASA Report

First and foremost, if a pilot is ever in doubt about violating an FAR, the pilot should file a ASRS/NASA report. The pilot has 10 days to file the ASRS report and can even file it online. It is also important that the pilot keep the receipt from filing the ASRS report. Without the receipt, the pilot cannot prove he or she filed it.

If a pilot violates a regulation in a way that attracts the interest of the FAA, the pilot will generally learn about it in the form of a registered letter from a FSDO--most investigations usually take place at the FSDO level. The letter from the FSDO, which may be sent a month to 6 weeks after the alleged violation, will spell out the details of the violation, aircraft involved, and indicate that the FAA is looking into the alleged violation. Of course the letter invites the pilot to respond within 10 days to give his/her side of the alleged violation, otherwise the letter warns the FAA will conclude its investigation on its own without pilot input.

STOP Right There!

Unfortunately, a lot of damage can be done when a pilot responds to the FAA in an off-the-cuff or poorly organized letter response. As a result, it's in the pilot's best interest to contact a lawyer to discuss the best way to respond to the FAA's inquiry at this point.

Investigative Stage

As the FAA investigates the alleged violation, the next couple of things could happen:

(1) The FAA drops the charge--it does happen sometimes;
(2) Close the charge via an administrative disposition, where the pilot is issued a Warning Notice or Letter of Correction that would remain in the pilot's file for a period of 2 years and then removed; or
(3) FSDO believes there is a violation and forwards its file and sanction recommendation to the attorneys at the regional level.

Regional Level

If the attorneys at the regional level pursue the violation, the pilot will learn about it when he/she receives "The Notice of Proposed Certificate Action" via registered mail. No point in trying to duck service of the letter because the FAA will fine the snot out the pilot that chooses to avoid picking up his or her register mail. In the letter, the FAA will detail the pilot's ratings, the FARs violated, and sanctions the FAA proposes. The sanctions can be monetary, to suspension or revocation of the pilot's certificate.

The Notice of Proposed Certification Action does allow the pilot some options:

(1) Accept the violation or penalty;
(2) Demand an administrative hearing before an NTSB judge; or
(3) Demand an informal conference with an FAA attorney to see if the violation can be resolved.

Informal Conference

The informal conference can be helpful in reaching a settlement. However, the FAA will not usually drop the violation at this point, but the pilot may be able to get the violation reduced. At this stage in the game, the FAA usually has its evidence lined up and it will be extremely difficult for a pilot to have the violation dropped--this why what the pilot writes in his or her initial response to the FAA is so important.

Trial

If the pilot's matter is not resolved at the informal conference, the next step in the process is an administrative hearing before a NTSB judge. This hearing is conducted much like a civil trial proceeding, except the rules of evidence are much relaxed. Both sides will put on evidence and witnesses and at the conclusion of the trial the NTSB judge will issue a letter ruling.

Following the trial both the FAA and the pilot have the right to appeal the ruling to a full NTSB board. If either side wants to appeal the NTSB board ruling, the next step is appeal the case into the federal court system and then the Supreme Court if the Court accepts the case--to date no such cases have.