Articles Posted in Texas

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972 562 7549

rosenthalwadas.com

Who is Erdman, and why should you care?  Erdman is a case decided by the Texas Court of Criminal Appeals nearly two decades ago and has been the law of the land in Texas for that period of time. 

The Erdman case established that police officers who have arrested a Driving While Intoxicated suspect may not provide so called ” extra statutory” information concerning the consequences of  refusal to submit to a breath test.  In plain terms,  The Erdman court explained that police are required by law to inform suspects about the legal consequences of refusal – nothing more and nothing less. 

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When someone has been charged with a criminal offense, at some point the decision must be made to plead guilty or exercise one’s right to a jury trial.  This statement is true in most criminal cases.  I say most,  because some criminal cases are dismissed by the prosecutor before trial or plea.

The decision to enter a guilty plea or insist on one’s right to  a trial is a very important one for one’s future.  There are a number of factors that go into the decision to accept a plea bargain offer or .  The decision is very case specific and can’t be made until a lawyer thoroughly investigates the facts of the case, including speaking to the witnesses where possible, and fully understands the law applicable to the case.  Other important but somewhat intangible considerations involve the defense lawyer.  Does he or she practice in the county in which the charge is pending?  Does the lawyer know the practices of the particular court in which the case is pending?  Has the lawyer tried this type of case before and is he or she familiar with the sorts of punishments are common for thus type of offense.

It is not possible for your lawyer to advise you as to whether you should try the case or accept a plea bargain offer unless the attorney has the information I discussed above, as well as a realistic grasp of what sorts of outcomes are reasonably likely in the case pending against the client.  An inexperienced attorney is not going to know whether a particular plea bargain offer is “good” or “bad.” 

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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.

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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.

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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. 

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972-548-7167

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.

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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.

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