Collin County Criminal Lawyers Blog

By Bo Kalabus
bo@kalabuslaw.com
Office: 972-562-7549
24 Hour Jail Release 214-402-4364

Let's say you are out with your 7-year old daughter at the mall doing some back to school shopping in Frisco, Collin County, Texas. Your spouse is at a doctor's appointment, so you have your hands full navigating your daughter through the mall by yourself. As the shopping day wears on, you both get hungry, so you stop at an Italian restaurant in the mall you both like. During the course of the meal you have a few drinks to unwind. It's time to leave, so you and your daughter start on your way. You feel pretty good, but you don't feel intoxicated as you pull the vehicle out of the mall parking lot.

As you are driving down the road your daughter shouts to you to get your attention about something and you turn around to see what it is. As you are turned around, you car drifts out of the lane and you sideswipe the car next to you. You pull into the closest gas station and so does the car you collided with. Your daughter is distraught and you are trying to calm her down while you exchange information with the other driver. The other driver has called the police to get an accident report, which you think is a fine idea. While the other driver is talking to you he smells alcohol on your breath. When the police officer shows up, the other driver--being a good Samaritan reports the alcohol on your breath and the officer has you conduct some field sobriety tests, which you don't do so hot on because you are distracted by your daughter and the stress of the day. Next thing you know, you are in the back of the police car in cuffs watching your daughter being taken away.

You learn that you are being charged with a DWI with a child on board which you also learn is a felony. A felony??!!! Yes, of the State Jail level which carries the punishment of a minimum of 180 days in jail up to two years and up to $10,000 fine. Some of the factors the State will weigh in determining the punishment are if you have any prior DWI convictions, the age of the child, and level of intoxication.

There is no defense to the passenger aspect of the charge. Basically, either the child was in the car or not. You'll need a lawyer that is skilled in attacking the driving while intoxicated charge. I examine every piece of evidence and the arrest, which includes the probable cause for the traffic stop, and tests the person was given--field sobriety/chemical tests. My goal in these types of cases as well, as any case I work on, is to gain as much leverage as I can to put the person's record in the best position I can through either getting the charges reduced or going to trial.

By Bo Kalabus
bo@kalabuslaw.com
Office: 972-562-7549
Collin County 24 Hour Jail Release 214-402-4364
www.rosenthalwadas.com

Kids screw around. It's part of being a kid--and they all do it. I was no exception either and I have found memories of pushing the legal envelope with my buddies growing up. However, sometimes just screwing around can get you into serious trouble. Graffiti is one of those things that can get you in pretty deep in the eyes of the law.

So what is graffiti for starters? Well, it is when a person, without effective consent of the owner, intentionally or knowingly makes markings, inscriptions, slogans, drawings, or paintings on the owner's property with aerosol paint, indelible or permanent marker, or an etching or engraving device. The penalties for graffiti are stiff because when lawmakers think graffiti, they think its gang related. And let's face it; no one wants gangs wreaking havoc on the community.

As you can expect, the level of punishment is based on the amount of damaged caused. Essentially, if the amount of damage is less than $500, it's a Class B Misdemeanor ($0-$2,000 fine and up to 180 days in jail). If the loss is $500-$1500, it's a Class A Misdemeanor ($0-$4,000 and up to 1 year in jail). $1,500 to 20,000 is a State Jail Felony ($0-$10,000 and 180 days up to 2 years in jail). Graffiti is an automatic state jail felony, even if the damage is under $20,000, if it involves a school, church, cemetery, public monument, or community center, so this offense can get really serious really quick. $20,000-100,000 is a 3rd Degree Felony ($0-$10,000 and 2 up to 10 years in jail). $100-200,000 is a 2nd Degree Felony ($0-$10,000 and 2 up to 20 years in jail). And finally, over $200,000 is a 1st Degree Felony (($0-$10,000 and 5 up to 99 years in jail).

Think about that for a second-if you rack up a lot of money damage tagging cars buildings, bridges, motorhomes, etc., you could be potentially looking at life in prison.

If you are charged with a graffiti offense, you should consult a lawyer to discuss the best way to defend the matter to help get your life and record back on track.

By Bo Kalabus
bo@kalabuslaw.com
Office: 972-562-7549
Collin County 24 Hour Jail Release 214-402-4364
www.rosenthalwadas.com

From time to time in my practice when I meet with people I hear the following--"I don't know why I need a lawyer, I know I messed up, I'm sure the judge will respect me stepping up to take the blame and go easy on my punishment." Or "I just want to take a deal and get this over with, I don't think I need a lawyer." Well, after I hear people say these things I think to myself that the old comic strip character, Pogo, got it right with the following quote-"We have met the enemy and he is us"

Defending a criminal offense can be tricky stuff. If you are charged with a crime, you should get a lawyer on board as early as possible. As I have discussed in other entries, people can waive most of their rights just by talking to a detective or police officer and cause themselves a great deal of harm.

When a person charged with a criminal offense shows up at a court setting without a lawyer, the judge will admonish them about the dangers and disadvantages of self-representation. The judge will highlight that the prosecutor is not there to help them and for that matter neither is the judge. This sounds like a warning right? Well, that's exactly what it is. Think of it this way--if you have a toothache do you go see a dentist to have the tooth examined, or do you take a pair of pliers and just rip your own tooth out to get it over with? Hopefully you go see a dentist because he/she knows the best way to repair your tooth and may not have to resort to pulling it. Also, what you do to your teeth can have lasting results. It's no different with your criminal record--a criminal conviction is there for life. A local lawyer will know how the prosecutor and court that your case is in work and will work hard to put your record in the best position possible and present you with as many options as possible. Some of which you may not have even considered.

For example, let's say you are looking at a theft charge in Collin County and you have no prior criminal record. If you are representing yourself, the prosecutor may offer you: 1) conviction with probation--and see if you bite on it; or 2) the best-case scenario, deferred adjudication. Either one may seem like a good deal to you because you are not getting jail time and that's great. Well, with the first option you get a conviction on your record that everyone (such as future employers) will be able to see. And with the second option, although the judge does not convict you if you complete probation without any trouble, the arrest will still be on your record. You can eventually shield the arrest record from the general public if you petition for a non-disclosure, but if you are trying to get a job that requires a professional license- such as doctor, lawyer, nurse, teach, etc., those employers will be able to see the arrest even if you have it non-disclosed. As you can see, there are some far-reaching consequences from taking a probation or deferred deal that you may not consider if you are representing yourself.

Now, consider the same example above except this time you hire a criminal defense lawyer. The lawyer reviews the facts and sees that you have no priors on your record. Armed with this knowledge, the lawyer negotiates with the prosecutor and gets you an interview for the Collin County pre-trial diversion program (a person cannot be considered for the pre-trial diversion program unless they are represented by a lawyer). You do well on the interview and get into the program. After 9 months you successfully complete the program and the case against you is dismissed. Your lawyer then files a petition for expunction on your behalf and the arrest and any record pertaining to the arrest is destroyed. You can now even legally say you have never been arrested and no future employer will see that you have been arrested.

The second scenario is much better than the first isn't it? You wouldn't pull your own tooth, now why would you take the same type of chance with your own criminal record?

By Bo Kalabus
bo@kalabuslaw.com
Office: 972-562-7549
Collin County 24 Hour Jail Release 214-402-4364
www.rosenthalwadas.com

An expunction is powerful stuff. If you are granted an expunction of an arrest in Texas, all records of the arrest itself, any jail detention and court records are destroyed! It is as if the arrest or events never took place. You can even legally deny the arrest ever occurred--extremely helpful in job interviews in today's economy!
Of course, every charm has its barb and expunctions are no different. The expunction process can be very technical in nature and it can be tricky to qualify for one.
Every case is different and requires review to determine whether the person qualifies for an expunction, but the short version of the statute is this-under Chapter 55 of the Code of Criminal Procedure a person who has been placed under a custodial or noncustodial arrest for a commission of a felony or misdemeanor is entitled to have all records and files related to the arrest expunged if one of the following applies:

• the person was found non guilty after trial;
• the person was convicted and then pardoned;
• the charges against the person were dismissed--such is the case in Collin County if a person successfully completes the pre-trial diversion program;
• the grand jury no-billed the case against the person;
• the person won on appeal; or
• the person received deferred adjudication on a Class C level misdemeanor.

If a person is found not guilty at trial, they are eligible for expunction immediately. In Collin County, if a person successfully completes the pre-trial diversion program, the DA will dismiss the case and the person is immediately eligible for an expunction. However, if the person's case was dismissed straight up without being in pre-trial diversion, or no-billed at the grand jury level for example, a person is still entitled to an expunction, but will have to wait until the statute of limitations runs on the case before they become eligible for the expunction. On a misdemeanor the waiting period is 2 years and on a felony level it is five years.

The 2011 legislature made some amendments to the Expunction Statute that took effect on September 1, 2011. The amendments affect the waiting period for expunction eligibility for Class C level misdemeanors. Most Class C's are offenses where people are issued tickets-assault by contact, minor in possession of alcohol, possession of drug paraphilia, theft under $50, etc. Class C offenses are punishable by fine only and there is no risk of jail time.

Basically, the amendments now enable a person charged with a Class C offense to move for an expunction after a waiting period of 180 days if:

• The case was originally filed as a Class C (no information or indictment presented);
• They have been "released" (case was dismissed outright or through deferred adjudication); and
• 180 days have expired from the date of the offense


How it works:

• The judge must order to prosecutor and police agency to retain their file;
• All other entities must destroy their records, including those who share your record with the public; and
• If prosecutor certifies that files are no longer needed, even prosecutor and police files are destroyed.

An expunction is a powerful tool to waste. If you think you are in the ballpark for an expunction, you should contact a lawyer to see if you are eligible and get it taken care of and clean up your record.

By Bo Kalabus
bo@kalabuslaw.com
Office: 972-562-7549
24 Hour Jail Release 214-402-4364

The client was arrested for spray painting graffiti. As a result, the client was charged in Collin County with graffiti pecuniary loss of more than $1,500 and less than $20,000.

This was a very serious situation considering the client was young and now staring at a charge that carried State Jail Felony penalties that are 180 days up to 2 years in jail and up to a $10,000 fine. Plus my client was also staring at all the trimmings that come with a felony conviction--no right to vote, no right to carry firearms, no right to buy ammunition, etc. There was no brighter side to the situation either considering the facts of the case pretty much had my client in a box with no room to maneuver. This is a pretty heavy anchor around anybody's neck much less a young person that may have suffered from a lapse of judgment instead of being destructive and mean spirited.

My client and I both went to work on the case, the client working to pay back the victim for the damages caused and myself investigating the facts to gain what leverage we could to negotiate with the prosecutor. After several weeks of hard work on the case and restitution paid, the prosecutor agreed to lower the charges from the felony level to the misdemeanor offense level. This dropped the potential punishment range down to 0 days to 1 year in jail and $0 up to a $4,000 fine from which the client received no fine and probation. Better yet, the client will not have his rights cut in half and have to deal with the stigma of being a convicted felon.

As you can expect, my client was relieved and very pleased with the result-and also a little wiser from an experience that could have turned out to be much worse.

By Bo Kalabus
bo@kalabuslaw.com
Office: 972-562-7549
24 Hour Jail Release 214-402-4364

The Internet is loaded with content. It's helpful, very helpful as in we can gather information at a speed unheard of just a few years ago. However, it can be a curse as in we can gather information at a speed unheard of just a few years ago. When shopping for merchandise it's human nature to compare items, or look for reviews and see what other people think about their experiences with the product. The Internet turned this type of information gathering on its head with speed and volume of information and as a result, it's a tremendous resource. But at the same time you can easily become inundated with too much information on such a search. Sticking with our product example, if you search long enough, you will find just as many good reviews as bad reviews on just about every product you look at. This type of information overload can make what you thought would be an easy choice into a difficult one. To a point you may even get paralysis by analysis and become extremely hesitant or gun shy to make a decision.

What if you are looking for a criminal defense lawyer? The Internet is just as clogged with information about lawyers (even Collin County Criminal Defense Lawyers) as any other product or service. How do you know who will be the lawyer for you? How will you know? It could be as simple as fit.....

What do I mean about fit? My first several years practicing law were spent at a large law firm where I worked defending companies in complex product liability litigation. It was high-pressure work and cases generally involved large sums of money. My clients were corporations and I thought the work was ok, but at the end of the day it was all about money--what will the case cost in terms of money to defend it versus money to just settle it before it went to trial. After a while it became hard to get amped up about that kind of work. I guess you could say, that type of work was not a good fit for me. When I left those cases behind and turned my law practice toward criminal defense, the work reinvigorated my faith in the law. My clients are now people instead of faceless corporations. Their cases involve their rights, their freedoms, and every case counts. The job keeps me sharp and on my toes. This job fits and I like it.

When you look for your criminal defense lawyer, you should find one that fits. Why is this important you may ask--my criminal case is not like a job or a needing a comfortable shoe? Fit is important because if you are facing criminal charges, no matter what type, the charges are serious. As a result you will undoubtedly have tough decisions to make and will be experiencing a great deal of stress. You will want a lawyer that will work for you to create as many options for you as possible and provide you as much time to consider said options. You will also want your lawyer to help eliminate fear of the unknown--which I believe is a great source of client anxiety that can be greatly reduced by explaining the process through which their case will proceed through the system. To accomplish this process, you and your lawyer will need to be able to communicate and this is where fit comes into play. You and your counsel should be able to see eye to eye so you can clearly understand the options you may have available. The attorney client relationship is just like any other relationship, it has to be built on two-way trust and respect.

In my opinion, it doesn't matter whether your lawyer is flashy or not, but what really matters is whether your lawyer has the ability to take your case to trial if necessary and you fit and feel comfortable with that lawyer. It's your criminal record that's at stake--don't just get a lawyer, get a lawyer that you want.

By Bo Kalabus
bo@kalabuslaw.com
Office: 972-562-7549
24 Hour Jail Release 214-402-4364

Looks like we need to go no further than our own Collin County this week for an off-the-hook DWI story.

Richard Davis Callaway of Plano stood trial the first week of March for his 6th DWI. The trial was a bench trial meaning that the judge would hear the case instead of a jury and render a verdict. The judge would also determine the punishment if he found Mr. Callaway guilty. Following argument, the judge found him guilty and on March 7, 2012 sentenced Mr. Callaway to 40 years in prison.

That's headline grabbing by itself right?!-- 6 DWIs and a 40-year sentence! Well, that's not quite the whole story. Apparently, Mr. Callaway had appeared in court for the start of the trial and heard all of the State's evidence against him. Following the presentation of the evidence, the court took a recess for lunch, from which Mr. Callaway never returned. As provided by law, State District Judge Ray Wheless completed the trial without him. After the 40-year sentence was pronounced, a warrant issued for Callaway's arrest.

Mr. Callaway remained a fugitive from justice until Monday, when he turned himself in. Looks like this strange story has finally come to a close.

By Bo Kalabus
bo@kalabuslaw.com
Office: 972-562-7549
24 Hour Jail Release 214-402-4364

"Look officer, if I could just explain..." Stop right there! Police officers love it when a person they have pulled over or a suspect they are investigating just opens up and starts to talk. The reason the police love it so much when you talk is it saves them a lot of time--because the talking usually results in an admission of guilt from you. "Oh no!" you think, "I would never do something like that!" Trust me, it happens all the time and you don't know the damage you have done to yourself until...you know.

For example, lets say you have just been pulled over by the police and the officer walks up and asks if you know why he is stopping you--almost everyone that has ever been pulled over has heard this. What do you say?--"Well officer, I rolled through that stop sign back there, I'm really sorry, and it will never happen again." Bam, you just admitted you disregarded a stop sign and in the best scenario you will get a ticket for it. The police don't really care if you are sorry, or if this is the first time you have been in trouble.

Let's make it a much worse scenario--let's add that while you made that statement to the officer, he smelled alcohol on your breath. Let's also add the officer thought you rolled through the stop sign, but from where he was parked he could not see you at the intersection because his line of sight of your vehicle was obstructed by trees. Although this is the case, he stops you anyway. Finally, let's add that as a result of your performance on the field sobriety tests you are arrested for DWI.

Continuing with the scenario--you are now facing criminal charges and hire a criminal defense lawyer. That lawyer goes to the scene and looks over the intersection and sees the problem with the officer's line of sight--if the officer did not see you roll the stop sign then he lacked reasonable suspicion based on our example to stop you in the first place. The now excited lawyer files a motion to suppress the stop (because the lawyer has the State right where he wants them) and sets the motion for hearing. This is a big deal because if the lawyer gets the stop thrown out then the case will be over because all evidence obtained after the bad stop would also be tainted. Well, at the hearing the judge and the now shocked lawyer learn all about how you admitted to the police officer that you ran the stop sign. And with that testimony from the police officer (and the in-car video evidence which shows your admission of just how it happened), the judge denies the motion and a great chance to get the case tossed is lost. This may sound extreme to you, but this type of scenario gets played out over and over again.

Every criminal offense has elements to it. It's been my experience that if an officer or detective is asking you questions he/she is fishing for information to meet the requirements of the charged offense. And people fall into the trap just about all the time. Why? Simple--most folks are taught from an early age to respect authority and want to cooperate with the police even though it is to that person's detriment. Why would a person do that?--most people just don't comprehend how serious the trouble is that they are in. Also, the deck is stacked against the individual big time because the police officer is highly trained in questioning, which results most times in people talking themselves into more trouble than they can talk themselves out of.

So if one day you find yourself in a situation where you are being questioned or in a "friendly talk" with a police officer, remember that you have the right to remain silent and I highly recommend you exercise that right.