Collin County Criminal Lawyers Blog

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

Call for Immediate Jail Release 214-402-4364

Getting a phone call in the middle of the night and learning that you have a family member or friend in jail is an unnerving experience. If you have landed on this webpage, I bet you have had a very recent conversation with the jail staff or the bond desk that says your family member/friend may need a attorney writ bond and this frustrated you further because you have also found out that you can't get them out of jail because they have to see the judge to have their bond set and this won't happen until the next morning, or later due to a holiday. If this is the case I can help you--call 214-402-4364 for immediate jail release.

What's A Writ Bond or an Attorney Bond?

An attorney writ bond (short for writ of habeas corpus--which means produce the body) works because it is a mechanism that triggers an immediate cash bond for certain misdemeanor arrests in Collin County. The bonds are $350 for Class B misdemeanors and $500 for Class A misdemeanors and all DWI misdemeanors.

Who's Eligible for an Attorney Writ Bond?

Class B Misdemeanors
Class A Misdemeanors
These are usually DWI, Theft, and Possession cases

Cases NOT Eligible for Attorney Writ Bonds:

Class C Misdemeanors--traffic tickets
Felony cases
Family Violence cases

For a more detailed description of how a writ bond or attorney bond works go here.

When you hire me, your loved one not only gets out of jail, but also benefits and variety service from representation you would expect from a full service criminal defense firm with strong roots in Collin County. To see a video on how I handle DWI case preparation go here. To go to the firm website go here.

bo@kalabuslaw.com

www.kalabuslaw.com
www.rosenthalwadas.com

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

The client was pulled over on a report of reckless driving that was made via a 911 call to police dispatch by another driver. When the officer came up on my client her driving looked pretty good prior to the stop save for one swerve into the other lane. When the officer came up to my client's window, he took her driver's license and asked her numerous questions. After contact with my client, the officer noticed she had watery eyes, but did not smell of alcohol. The officer went back to his police car and commented to his fellow officer on the open microphone in the vehicle that he did not think my client had been drinking. After that statement, the officer went on to continue his investigation by conducting the field sobriety tests, which ultimately lead to my client's arrest.

I urged a Motion to Suppress the vehicle stop because of the comment the officer made that he did not think my client had been drinking. The officer's primary reason for the stop was to investigate the reckless driving charge. After the arresting officer had a chance to speak to my client and not see any real signs of intoxication--as evidenced by his comment--I argued that his reason for the traffic stop was over and the officer lacked reasonable suspicion to continue a DWI investigation. Following arguments, the judge granted the Motion. With the reason for the stop now moot, we proceeded to a bench trial before the judge that found my client not guilty.

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.

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

This is a really interesting point in the law. If the police see you speeding, swerving, or committing any other traffic offense, the officer has reasonable suspicion to pull you over, write you a ticket and send you on you way. The officer can also, check your driver's license, check to see if you have auto insurance, and run your license to see if you have any outstanding warrants.

The law on the stop scenario above is very clear in the law. An investigative detention (like a traffic stop) must be temporary and last no longer than is necessary to effectuate the purpose of the stop. Similarly, the investigative methods employed should be the least intrusive means reasonably available to verify or dispel the officer's suspicion in a short period of time. It's the state's burden to demonstrate that the seizure it seeks to justify on the basis of a reasonable suspicion was sufficiently limited in scope and duration to satisfy the conditions of an investigative seizure. See Florida v. Royer, U.S. 491 (1983).

Where this gets tricky is if the officer sees your vehicle swerving at night and pulls you over. The officer gets the car window and starts talking to you and he smells alcohol, sees you have bloodshot eyes, which he considers clues of intoxication. Now at this point the officer may have developed additional reasonable suspicion to get you out of the vehicle to perform field sobriety tests in addition to the stop for swerving. Another scenario might be you are pulled for speeding. As the officer approaches the vehicle, he sees a bag of marijuana on the seat next to you. You guessed it--the officer has reasonable suspicion to arrest you for possession of marijuana.

Reasonable suspicion exists when, based on the totality of the circumstances, the officer has specific, articulable facts that, when combined with rational inferences from those facts, would lead him to reasonably conclude that a particular person is, has been, or soon will be engaged in criminal activity. This is an objective standard that disregards any subjective intent of the officer making the stop and looks solely to whether there exists an objective basis for the stop. The facts relied upon to support a conclusion of reasonable suspicion must amount to something more than an inchoate and general suspicion or hunch.

Since there is no bright line rule on the when the officer develops reasonable suspicion, it's an area where a defense to a criminal case can be mounted especially if the officer can not back up his reasonable suspicion with articulable facts or inferences to support his continued detention of you on the roadside.

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

"What is K2 and is it legal?" I hear these questions quite often in my line of work.

The stock definition of K2 is that it is a psychoactive designer drug made up of natural herbs that are sprayed with synthetic chemicals. When the mix is done correctly, when consumed the drug mimics the effects of cannabis (marijuana). The mixture is best known on the street as K2 or Spice. The goal of both of these products is to mimic, not copy the effects of cannabis. However, K2/Spice may synthetic cannabinoids, which has a similar effect on the body as cannabinoids naturally found in cannabis, such as THC. These products first became available in the early 2000s so they have been out about 10 years.

Research is now showing that these products might be trouble for the consumer. In short, the studies that are coming available are focusing on the role of synthetic cannabis and psychosis. In some of the case studies, the psychosis and be quite long term. The synthetic cannabis may also trigger a chronic psychotic disorder among certain individuals such as those with a family history of mental illness.

As I have mentioned in the past K2 is not legal in Collin County or anywhere else in Texas. In 2011, the Texas Legislature made K2/Spice illegal in Texas. The same punishments apply to K2/Spice that apply to possession of marijuana charges.

If you find yourself facing possession of K2/Spice charges, you should contact a lawyer to help you defend your case.

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

Please be careful celebrating this holiday season. If you are going to holiday parties, football watching parties, etc., and enjoying some holiday cheer. Please remember to turn over those keys to a sober driver or call a taxi. Trust me, I deal with DWI cases day in and day out in my practice and the risk is simply not worth it. There is just too much to risk and lose by being arrested for a DWI. During the holiday season, the odds really turn against you because the big holiday weekends are usually "no refusal weekend." You can bet that that the big holiday weekends this year will be a "no refusal" weekends or holidays for Dallas and Collin Counties.

"No refusal" is that if you get pulled over on suspicion of DWI you will be given the option of providing a breath or blood sample. If you refuse to provide a sample, a warrant will be secured to take a blood sample to measure your blood alcohol concentration (BAC) and the results will be used against you at your trial. On no refusal weekends or holidays there are judges on call 24 hours a day to sign these "blood" warrants.

Don't get caught up in this! Turn over the keys or call a cab. It's just not worth it. Enjoy your holiday season, but please be safe.

By Bo Kalabus
bo@kalabuslaw.com
www.rosenthalwadas.com
www.kalabuslaw.com

Office: 972-562-7549
24 Hour Jail Release 214-402-4364

The client was arrested for the offense of theft. The charge, based on the facts of the case, was a Class B misdemeanor--punishable up to 180 days in jail and a $2,000 fine. The client had never been in trouble before and did not have a criminal record. The client, I believe would have easily qualified for the Collin County pre-trial diversion program. Pre-trial diversion in Collin County is an excellent opportunity to keep a mistake from getting on your record--see here
Unfortunately, the client lived out of town, and one of the requirements of pre-trial diversion is monthly reporting in Collin County, which my client would be unable to do because of school.

I went to work on the case to see if there would be another way to get the same result for the client without having to do the pre-trial diversion program. I began negotiating with the prosecutors and was able to get them to agree that if my client satisfied certain conditions, the State would reduce the charges to a Class C misdemeanor theft charge with deferred adjudication. This reduction of the offense made it the equivalent of a traffic ticket--a Class C misdemeanor is punishable by up to a $500 fine and no jail time.

Following a 6-month non-reporting probation period (just stay out of trouble) and a waiting period, my client will be able to get the charge off his record because of the deferred disposition of the case. Getting a charge like this reduced to a Class C level offense is critical because you can remove a Class C deferred adjudication offense off your record, but you can't remove a Class B misdemeanor deferred from your record completely, so this reduction resulted in huge relief for my young client.

What started as a serious case with serious consequences for my client's criminal record ended up as something he can expunge off his record--as if the arrest had never happened. As you can expect, my client was very relieved and very happy with the result.

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

According to numerous reports, Cowboys WR Dez Bryant has come to an agreement with the Dallas County District Attorney's (DA) office to get his case dismissed. If you recall, Mr. Bryant was arrested back in July of this year for a domestic charge with his mother being the victim.(Dallas Morning News story here) The case was charged as a Class A misdemeanor, which carries a range of punishment up to 1 year in jail and up to a $4,000 fine.

Mr. Bryant's lawyer and the Dallas County DA have worked out a conditional dismissal, which is a popular alternative to defend an assault family violence case and avoid prosecution. There are two ways to look at the agreement: 1) the Dallas DA has given Mr. Bryant an incredible opportunity to get the case dismissed and eventually have the arrest expunged from his record; or 2) the Dallas DA has given Mr. Bryant just enough rope to hang himself. You be the judge, the details of the conditional dismissal are as follows:

Mr. Bryant must participate in intensive weekly individual counseling for one year with a professional counselor that is approved by the DA's Office. This counseling must also encompass 12 sessions of anger management. Mr. Bryant must also submit monthly progress reports to the DA's office from his counselor. Upon successful completion of the Anger Management portion, as well as active productive participation for the remaining sessions of counseling, and if Mr. Bryant commits no new offenses, which includes strict compliance with the requirements of Mr. Bryant's Occupational Driver's License, the District Attorney agrees to dismiss the case. If Mr. Bryant fails to meet one of the requirements of this agreement, he will be prosecuted for the original offense.

The next court date for the matter is December 15, 2012. At this court appearance, Mr. Bryant (or counsel appearing on behalf of Mr. Bryant) will appear and must have proof of Mr. Bryant's participation in Intensive Individual Counseling with an approved provider.

As you can see, the dismissal is not a guarantee by a long shot. It's not impossible, but Mr. Bryant will have his work cut out for him by sticking with the counseling and staying out of trouble.

By Bo Kalabus
bo@kalabuslaw.com
www.rosenthalwadas.com
www.kalabuslaw.com

Office: 972-562-7549
24 Hour Jail Release 214-402-4364

The client was arrested for the offense of theft. Unfortunately, this was his second theft offense in a very short period of time. The charge, based on the facts of the case, was a Class B misdemeanor--punishable up to 180 days in jail and a $2,000 fine. The State of Texas believed it had a relatively easy case to prove and based on the facts it did.

I went to work on the case to develop some helpful legal points and my client went to work as well by going to counseling and completing other conditions that would show a change in life choices. After a few months we were able to gain leverage in negotiations due to this good work and prosecutor agreed to reduce the Class B misdemeanor charge to a Class C misdemeanor theft charge. Also, my client received deferred adjudication on this charge as part of the negotiation, which will be very important down the road when it comes time for him to clean up his criminal record. This reduction of the offense made it the equivalent of a traffic ticket--a Class C misdemeanor is punishable by up to a $500 fine and no jail time.

Following a 6-month non-reporting probation period (basically just keep your nose clean during the probation period) and a waiting period, my client will be able to get the charge off his record because of the deferred disposition of the case. This is why the reduction to the Class C level offense is so important--you can remove a Class C deferred off your record, but you can't remove a Class B misdemeanor deferred from your record completely, so this reduction was a huge relief for my client.

So what began for my client as a serious case with serious consequences ended up as something he can expunge off his record--as if the arrest never occurred. As you can expect, my client was relieved and very happy with the result.

bo@kalabuslaw.com
www.kalabuslaw.com
www.rosenthalwadas.com
972-562-7549
214-402-4364 (24 hour jail release)

The client was alleged to have called in a false report of person with a knife threatening another person to 911, which initiated a response from the Plano Police Department. Based on the initial facts in the offense report it looked like a certain conviction for the State of Texas, but the State still has the burden to prove its case at trial.

After listening to a copy of the 911 call my client was alleged to have made while at a neighborhood party, it became very clear that the State was going to have a difficult time proving it was my client's voice on the call--several witnesses would testify my client was intoxicated at the time of the alleged call--the caller's voice had no slurred speech, or other indicators of intoxication. Knowing it would have issues proving that it was my client that made the false call to 911, especially since there were other people present at the party at the time the call was made that could have also made the call, the State ultimately dismissed the case against my client.

In the final analysis, this was a rushed decision to prosecute the case against my client. The State finally realized after negotiation that the evidence just did not support going forward with the case. The client was relieved and very pleased with the result.

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

The client was arrested for burglary of a building along with another person. This was a very serious situation considering the client was young and now staring at a criminal charge that carries State Jail Felony penalties that are a minimum of 180 days to up to 2 years in jail and up to a $10,000 fine. Plus my client was also staring at all the baggage that comes with a felony conviction--no right to vote, no right to carry firearms, no right to buy ammunition, etc. There was no maneuvering room either considering the facts of the case pretty much had my client in a box. This is a pretty heavy burden for anyone to carry, much less a young person that may have suffered from a lapse of judgment due to addiction rather than being destructive in nature.

After several weeks of hard work on the case to gain some leverage to negotiate with the State, 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 deferred adjudication, so no final conviction for the offense if the client completes probation. Better yet, the client will not have her 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.

bo@kalabuslaw.com
www.rosenthalwadas.com
www.kalabuslaw.com

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

The client was pulled over for erratic driving and speeding. Following the field sobriety tests the client was arrested for DWI. The client refused to take the breath test and the officer obtained a search warrant to have the client's blood drawn at a hospital. The resulting blood test revealed a .20 blood alcohol content (BAC)--the legal limit in Texas is .08. This BAC enhanced the offense from a Class B misdemeanor to a Class A misdemeanor carrying stiffer penalties including a deep lung device that would have to be installed on the client's vehicle during probation. The BAC also enhanced the DPS driver's license surcharges from $1,000 a year for 3 years to $2,000 a year for 3 years. This certainly looks like a pickle for the client doesn't it?

Well, when the arresting officer applied for the warrant he neglected to put the time of the stop in his affidavit in support of the warrant. The Texas Court of Criminal Appeals recently addressed the issue of the sufficiency of an affidavit in support of a search warrant for blood in the case of Crider v. State, (November 16, 2011).

The Crider case had similar case facts to my client's case. In Crider, the police officer's affidavit indicated that "[o]n or about 06-06-08" the officer observed the defendant commit the offense of DWI. The magistrate signed the warrant on June 7, 2008 and it was executed soon thereafter. The Court of Criminal Appeals held that in light of the potential 25 hour window between the time the crime could have occurred, and the time the warrant was executed, the information was stale and therefore the affidavit did not establish probable cause that the "evidence of intoxication would be found in appellant's blood at the time the search warrant was issued."

I filed a motion to suppress the blood test in the case under the reasoning in Crider and the motion was granted, which kept the blood results out of the case. As a result of the ruling, the State of Texas had to abandon the enhancement to a Class A misdemeanor. Also, DPS would not be collecting the higher driver's license surcharge. The client was happy with the result.

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

I've blogged before about how difficult probation can be. Probation can be very technical and it can get on top of you before you know it. As I have written before--to survive on probation you have to be organized, disciplined, and have a little bit of luck. People do make it through probation, but for many the road through probation is hard.

Let's say you plead guilty to a possession of marijuana charge in Collin County Texas and were put on probation in the fall of 2011. The deal you took was 90 days jail probated for 12 months and a $600 fine plus court costs. The terms and conditions of your probation were to take a substance abuse evaluation, complete a drug class, submit to random drug checks, and complete 45 hours of community service.

Fast forward to the summer of 2012 with 3 months to go on probation. You forgot to report to your probation officer in May, but no big deal. You are also behind on your community service and payment of your fine and court costs. You meet with your Collin County probation officer the next month in June and the first thing he hits you with is a drug test--which you fail because it was your best friend's birthday last week....And BAM, the probation officer files a motion to revoke your probation for failure to report in May, failed drug test in June, failure to pay fine and court costs, and failure to complete community service.

What happens next?--a warrant will be issued for your arrest and you will have to turn yourself in. If it is a motion to revoke misdemeanor probation, you will be entitled to a bond, so you will have the ability to be bailed out.

The next step will be going to court. This process will mirror the court appearances you had with the original case--you will have a first appearance that will allow your lawyer to take a look at the motion to revoke and the State's punishment recommendation. Yes, get a lawyer. A motion to revoke is a tricky process and I highly recommend you get a lawyer on board to represent you considering the State will most certainly take the position that you have already been given a chance and screwed it up and it will be very difficult for you by yourself to argue otherwise to the prosecutor.

What's going to happen? On a typical motion to revoke, you will either be extended on probation, or you will receive a jail sentence and be done with probation. If you do not like the State's recommendation you can set the motion to revoke for hearing and make the State prove-up the allegations in their motion. Here's the hitch--take the example above--the State need not prove up every allegation in the motion to revoke to win, but only one. If they can prove you failed to report in May, the State has won the motion to revoke. As you can see, there is very little room to maneuver here if your probation is being revoked for legitimate allegations.

After reviewing the facts and negotiating with the State, a lawyer can advise you of your chances of winning the motion to revoke at a hearing. Or perhaps buy you some time to get caught up on the items the State wants to revoke you on to get your probation extended or the get the motion dismissed outright.

Probation revocation is a difficult time. You should have competent counsel review your case that can put the most options on your table based on the specific facts of your case.

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.

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.