Collin County Criminal Lawyers Blog

bo@kalabuslaw.com

972-562-7549
214-402-4364 (24 hour jail release)

The client was pulled over for failing to signal a lane change in the early morning hours of the busy 4th of July weekend. Once at the driver's side window, the police officer smelled the odor of alcohol beverage, asked the client to step out of the vehicle, and began to administer field sobriety tests. The client performed well on the tests, but consented to a blood test that revealed a .11 blood alcohol content--the legal limit in Texas is .08. Seems like a certain conviction for the State of Texas right?

On the surface perhaps, but at trial following jury selection I urged a Motion to Suppress the vehicle stop because the police officer's in-car video recording did not show my client's vehicle at the time of the alleged no signal lane change due to a hill the vehicles were going over at the time--the client crested the hill in the middle lane and descended out of camera view; next, the police officer crests the hill and my client's vehicle comes back into view and he's in the right hand lane--we never see him change lanes and argued that neither could the police officer. Following arguments, the judge granted the Motion. With the reason for the stop now moot, the State of Texas dismissed the case against my client.

In the final analysis, this was a rushed decision to pull the client over. The evidence at the hearing on the Motion to Suppress just did not support the reason for the vehicle stop and the case dismissed. The client was relieved and very pleased with the result.

Bo Kalabus
bo@kalabuslaw.com
(972) 562-7549

24 hour Jail Release
(214) 402-4364

If the criminal justice system in Collin County has a bread and butter type of case it would definitely be a DWI. This is an easy conclusion to draw when you consider that there are over 4,000 DWI misdemeanor cases currently pending in Collin County. The next closest misdemeanor case in volume is theft and that is a very distant 2,500 or so currently pending cases.

In short, if you have been charged with DWI in Collin County, you are certainly not alone. However, there is certainly no strength in numbers as the old saying goes and a DWI is no laughing matter. A DWI case carries strong criminal penalties and can impact your driver's license status. In fact, a DWI is actually two cases in one. The first is a civil action brought by DPS that could impact your driver's license through a suspension. The second is the criminal action brought by the State of Texas that could impact your freedom though jail time or reporting probation.

The first question folks usually have following a DWI arrest is what type of impact a DWI will have on their driver's license. On a typical DWI 1st a person's driver's license could be suspended from 90 to 180 days depending on the facts the case. If the license is suspended that person may be eligible for a occupational driver's license that allows them to drive for up to 12 hours a day during the suspension period.

The second question folks have is what type of criminal penalties are they looking at. Again, on a typical DWI 1st where a person's blood alcohol concentration is below a .15, the penalty is a fine from $0 to $2,000 and from 72 hours to 180 days in jail (which may be probated). If a person's blood alcohol concentration is above a .15, the penalty is enhanced to a fine from $0 to $4,000 and from 72 hours to 1 year in jail (again, which may be probated).

As you can see a DWI case has a great many moving parts. This is not the type of case you want to face without experienced DWI legal counsel.

By Bo Kalabus
bo@kalabuslaw.com
972 562 7549

It happens. It happens more than you think. Think of it this way--we see it all the time in sporting events. Take football for example; when two players are pushing and shoving you see a yellow penalty flag fly in short order, which one gets the flag? Well, by the time we see the replay it's usually the guy who has been hit, tripped, kicked, or spit on and he's retaliating by shoving or hitting back. Why? Well, it also turns out that by the time the referee saw the action, the only thing he saw was our poor gentleman retaliating and getting the flag and penalty for the team. Why? Things happen fast in sporting events. The refs need to make the call bang bang.

The same thing can happen in an assault case or an assault family violence case. And here's why--a fight of any sort is a very difficult situation for any police officer to come into because it is so dangerous. A responding officer has to be concerned about the participants being injured, making sure the fight is contained before any innocent bystanders are injured, and of course the officer him or herself does not want to be injured. Depending on the situation, there can also be a concern of concealed weapons being brandished or worse, used.

Fights can also happen very fast. This being the case, if you have five witnesses, you could have five different stories of who witnessed what events. Witnesses may also see the fight after it had already escalated and guess at who really started it. The same is true for 911 callers that may hear or see a fight after it had already started and not know who the real aggressor is. Also, different stories can be told from the participants themselves making it very difficult for police to ascertain who is the victim and who is the aggressor.

Arrests have to be made and usually the police don't have a lot of time to make a call in an assault case--they have to rush to judgment and get the situation under control. As citizens this is exactly what we want the police to do--make arrests quickly and keep us safe. But sometimes the police in haste may get things wrong.

As you can see, an assault charge can be relatively simple, or it can be very fact intensive. An assault charge is also very serious whether it is simple or complex and if it is an assault family violence charge, the impact of a conviction comes with far reaching consequences. And if you happen to think you are a victim, and the prosecutor thinks you are the aggressor, well then you are in for a long ordeal.

If you happen to find yourself in such a situation, I highly recommend consulting with an attorney on how to navigate the justice system and mount a proper defense and if needed get a competent investigator and/or therapist on the case to turn up facts that may not be readily available. First and foremost--if you are the victim and you were injured in the altercation-no matter how minor--make sure you get photographs of your injuries. Sometimes, the photographs themselves can speak volumes and give your counsel just the right amount of leverage to get the case dismissed or reduced.

Bo Kalabus
Bo@kalabuslaw.com
(972) 562-7549

If you have an outstanding warrant that you keep putting off for whatever reason, you should get it taken care of ASAP. If you don't get the warrant taken care of on your own, you may be forced to deal with the warrant on less convenient terms starting this weekend. Yes, it's that time of year again--The Great Texas Warrant Round-Up is set to begin on February 25, 2012. What this means is approximately 240 law enforcement agencies are going to be focusing their efforts on folks that have outstanding warrants.

What this means is that you could be arrested at your home, place of business, or anywhere you may be found. Your car could be impounded if you are stopped and arrested while driving which would incur towing and storage fees.

To avoid the embarrassment, expense, and inconvenience of and arrest, contact the municipality that issued the ticket to ensure the ticket(s) (and any fees incurred) are paid.

As a criminal defense lawyer, I meet people generally after one of the worst experiences of their lives--getting arrested for a crime. They are not happy to be in my office and I completely understand it. In most cases, the clients I meet with are accused of crimes we commonly see in Collin County on the misdemeanor level--DWI, Theft, Family Violence, and Possession of Drug cases. However, I also meet with people accused of more serious felony and complicated crimes as well.

By the time a person accused of a crime meets with me, in most cases they have already been arrested. After an arrest and spending a night (or longer) in jail, a person is usually experiencing a wide range of emotions-fear, anxiety, anger, worry, etc.--the list goes on. Usually the first area I cover with a person is the process their case will take as it works its way though the criminal justice system. Although I cannot completely eliminate fear of the "unknown" for a person, I can prepare that person for the road that lies ahead.

For example, after an arrest people are usually stressed out about when their first court date will be (among other things). In most cases it will take the State of Texas 30 to 60 days to file the case--the time period could be longer in drug cases. The period could also take longer for a felony case since the case will have to be presented to a grand jury first. The first court appearance is usually set about 30 days after the case is filed. At the first court appearance, no decisions regarding the case have to be made. This is usually when the defense lawyer meets with the prosecutor and for the first time gets a look at the offense report to review the specifics of the offense.

After two or three appearances in court, a decision will have to made as to whether the person wants to take a plea deal, or to set the case for trial. This is a decision that should not be taken lightly and should come after much thought, analysis, and discussion with the lawyer to ensure that all questions have been answered. It is imperative that a person knows all the risks and/or benefits from the decision they are about to make.

Having a pending criminal case hanging over a one's head is an embarrassing, uncomfortable, and frustrating experience. One of the keys that can help a person navigate the criminal justice system is selecting a lawyer that the person is comfortable with. Like any other relationship, a lawyer/client relationship is built on trust and a person has to be able to trust that their lawyer is giving them competent advice and helping them down the right path.

bo@kalabuslaw.com

972-562-7549
Cell 214-402-4364

My client was arrested following a violent struggle with her ex-husband. The client had gone over to her former residence to remove some belongings when a fight with her ex-husband ensued. During the struggle my client was hit in the face and kicked in the back. Breaking away from her ex-husband's grasp she grabbed a broken piece from a plate to hold off him off. As the struggle continued, she struck him in the chest and sliced open his hand in several places as he tried to grab the shard of plate out of her hand. Police came and interviewed the ex-husband and my client. Several days later, my client was arrested and later indicted for aggravated assault with a deadly weapon family violence--and facing from 2-10 years in jail (a 2nd degree felony).

The arrest sent shock waves through my client's life--quite simply, life, as she had known it was over. Within a few weeks she was fired from her teaching job and a letter of investigation was placed in her file making her unemployable as a teacher. Furthermore, while case was pending her chances of retaining sole custody of her children was remote.

On the surface perhaps, this seems like an open and shut case of family violence for the State of Texas, or at best a risky trial for my client based on a theory of self-defense. But as our investigation into the case facts progressed we were able to develop enough evidence and leverage to convince the District Attorney that my client was not the aggressor, but in fact the victim.

The case was pending for over six months, but after much negotiation, the State of Texas dismissed the case outright. My client was much relieved and very pleased with the result.