Articles Posted in Collin County

Published on:

rosenthalwadas.com

972 562 7549

A recent decision of the U.S. Court of Appeals for the Fifth Circuit raised some eyebrows in Federal criminal law circles.  In the case of U.S. v. Rodriguez – Escareno, ___F.3d___, 2012 WL5200190 (5th Cir. Oct. 23, 2012)  the Court vacated and remanded for resentencing,  on a plain error standard, where the District Court imposed a 16 level enhancement for defendant’s previous conviction for a “drug trafficking offense.”

Mr. Rodriguez – Escareno was indicted by a federal Grand Jury for the crime of  Illegal Reentry, and he plead guilty to the charge.  In the Federal system, when an indicted person pleads guilty, a Presentence Investigation Report (PSR)  is prepared.  One of the matters that the PSR addresses is the existence of prior convictions.  Mr. Rosdriguez – Escareno was previously convicted of a conspiracy to distribute methamphetamine. The PSR determined that Rodriguez-Escareno’s previous crime was a “drug trafficking offense,” which permitted the application of a 16-level enhancement under U.S.S.G. § 2L1.2(b)(1)(A)(i).  On the surface, it seems obvious that a drug conspiracy withing the meaning of the Federal criminal statute will be considered a drug trafficking offense within the meaning of the U.S. Sentencing Guidelines; at least that is what everyone in Mr. Rodriguez – Escareno’s case appeared to believe.

Published on:

24 hour jail release. Call 214 995 8513 for immediate assistance.

If your loved one has been arrested in Plano or Frisco, you may have been informed by the jail staff that you need a writ bond, sometimes called an attorney bond. I can assist you in obtaining immediate release for your friend or family member by filing a so called “writ bond” with the proper authorities.

When someone is arrested in Plano or Frisco, they are typically taken to the city jail before they are eventually transferred to the County detention center in McKinney. The arrested person will not be released until they can post a bond. There is often a considerable delay between the time a person is arrested and the time a bond is set.

Published on:

The jury trial is the cornerstone of our criminal justice system. It is the forum where my client’s future is often on the line. Jury trials are the method by which people accused of crimes can have their day in court and put the state to its proof. Every person accused of a crime is entitled to a jury trial where the state will be required to prove every element of the alleged crime beyond a reasonable doubt.

An important aspect of representing people in court against a criminal charge is the decision to enter a plea of guilty or to exercise one’s right to a jury trial. That decision is unique to each case and depends on many factors.

Recently, my client and I decided to try her Driving While Intoxicated case in Collin County. Because the client’s blood was drawn unlawfully it was excluded from evidence. As the trial unfolded the evidence simply did not persuade the jury and the client was found not guilty. The jurors did the right thing, consistent with their oath to follow the law, and the client was pleased with the outcome.

Published on:

Derk Wadas

24 hour jail release phone number 214 995 8513

Recently, there was a short lived policy that prohibited attorneys from filing writ bonds for clients in Collin county who were arrested for DWI, 2nd offense or a DWI with a breath test result of .15 or higher. 

Published on:

972 369 0577

Derk Wadas

The  Federal Drug Conspiracy laws establish a so called “mandatory minimum” of a certain number of years in prison upon conviction and sentencing. depending upon the amount of drugs involved.  For example, 5-40 years in prison with a minimum of five or 10 years to Life in prison   Essentially, it means that if one is convicted of a dug conspiracy, one is required to serve the mandatory minimum without regard to applicable sentence under the U.S. Sentencing Guidelines

Is the mandatory minimum really “mandatory.”  For many, the answer is clearly, no.  There are several mechanisms built into the law that allow people to avoid, in some cases, the mandatory minimum requirements.

Published on:

972 369 0577

Derk Wadas

People charged with a criminal offense in Collin County Texas are naturally concerned with the amount of time it will take to resolve the matter, so they may address the matter at hand and move on with their life.   I am often asked questions about what to expect, generally, in terms of time, court appearances, etc.   I am going to break this up into two sections:  after arrest and before the first court date.  Part two will address the process after the case is filed or indicted.

Published on:

One of the questions I am often asked is “am I entitled to a bond on a probation revocation?”  The answer to that questions depends upon the type of probation.  In a deferred adjudication situation, one is entitled to a bond.  On ordinary communtiy supervision probation, one is not entitled to a bond setting, though in practice bonds are sometimes set. 

There are essentially two different types of probation, often called community supervision.

The first type is known as deferred adjudication.  In a deferred adjudication situation, a person is placed on community supervision with no finding, or “adjudication” of guilt.  If a person successfully completes deferred adjudication, the case is dismissed and the person avoids a conviction.  If the person is accused of violating one or more conditions of deferred adjudication community supervsion, the person’s supervison officer may file what is known as a Petition to Adjudicate.  When a Petition to Adjudicate is filed, a warrant for the person’s arrest is issued.  In Collin County, judges will sometimes set a bond amount when the warrant issues on a Petition to Adjudicate.