Recent Case Win-Reduction Granted on Possession of Marijuana case by Bo Kalabus

214-402-4364-Writ Bond Hotline; bo@kalabuslaw.com

www.rosenthalwadas.comwww.kalabuslaw.com

Office: 972-562-7549

The client was arrested for allegedly having possession of marijuana.  The State of Texas believed it had a relatively easy case to prove.  My client was charged with a Class B misdemeanor, which is punishable up to 180 days in jail and a $2,000 fine.

After working on the case to develop some of the issues that were helpful to her defense and as a result I was able to gain leverage in negotiations and prosecutor agreed to reduce the Class B charge to a Class C misdemeanor paraphernalia charge with deferred adjudication.  This essentially reduced the offense to the equivalent of a traffic ticket.  And following a 6-month probation period (basically just keep your nose clean during the probation period), my client will be able to get the charge off her record—just like it never happened.  Moreover, the 6-month probation period is the non-reporting type of probation (basically just keep your nose clean during the probation period), which saves my client the fees associated with reporting probation.  My client not only saved the money on fees, she also saved valuable time since she does not have to meet with a probation officer on a monthly basis.  This reduction was a huge relief for my client and she was pleased with the result.

Recent Case Win-Reduction Granted on Theft Case by Bo Kalabus

214-402-4364–24Hour Jail Release

By Bo Kalabus; bo@kalabuslaw.com;

www.rosenthalwadas.com; www.kalabuslaw.com

Office: 972-562-7549 24

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 facts of the case were not very good for my client. Plus the client was on parole after doing a stint in jail for felony theft.

I went to work on the case to see if there would be another way to approach the case instead going to trial, which based on the evidence did not look very promising for a good result. It always pays to listen to the client, so I interviewed her extensively and through our discussions I discovered that she had a very difficult emotional past. However, my client realized that she needed to make a change in her life and started going to counseling. As my client started turning her life around, I began negotiating with the prosecutors and was able to get the State to agree that if my client satisfied certain conditions, the State would reduce the charge to a Class C misdemeanor level offense with deferred adjudication. This reduction of the offense made the original theft charge 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 period of non-reporting probation (just stay out of trouble) my client will be able to get the charge off her record. 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 client that has worked very hard at getting her life back on track.

Dallas Judge Charged With Family Violence–Interesting Story Developing

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

bo@kalabuslaw.com (email) www.kalabuslaw.com; www.rosenthalwadas.com

State District Judge Carlos Cortez was arrested and charged with family violence assault for allegedly choking his girlfriend, leaning her over the edge of the balcony at his Uptown condominium, and threatening to kill her this last week.  Judge Cortez has filed a motion challenging the allegations in an effort to remove the emergency protective order placed against him after the incident.  In the motion, Judge Cortez argues that his girlfriend was highly intoxicated and tried to kill herself by attempting to jump off the balcony of which he stopped her from doing so.  Full story HERE.

Writ Bond-Immediate Jail Release

214-402-4364-24 Hour Jail Release

By Bo Kalabus; bo@kalabuslaw.com; Office: 972-562-7549

Need an Attorney Bond?  Need a Writ Bond?

Call for Immediate Jail Release 214-402-4364

An attorney writ bond works as a mechanism to trigger an immediate cash bond for certain misdemeanor arrests in Collin County where individuals have not had a bond set because they have not seen the judge yet.  The bonds are $350 for Class B misdemeanors and $500 for Class A misdemeanors and all DWI misdemeanors.

Attorney Writ Bonds Work For:

Class B Misdemeanors

Class A Misdemeanors

These are usually DWI, Theft, and Drug Possession cases

Attorney Writ Bonds Will Not Work For:

Class C Misdemeanors—traffic tickets

Felony cases

Family Violence cases

What You Need to Know About DWI No Refusal/Zero Tolerance in Collin/Dallas Counties This Holiday Season

By Bo Kalabus; bo@kalabuslaw.com; Office: 972-562-7549

www.kalabuslaw.com

www.rosenthalwadas.com

Take my advice: make the taxi companies or Uber some money this holiday season.  Actually, anytime you are out drinking is a good time to call for a ride home—there’s just too much to risk.

This holiday season, however, drivers will be under even more scrutiny from the local police since it will be a “No Refusal Christmas/New Year’s”, or a “Zero Tolerance Holiday Season”

What “no refusal”/”zero tolerance” means is that if you get pulled over on suspicion of drinking and driving you will be given the option of providing a breath or blood sample.  If you refuse to provide a sample, the police will secure a warrant to take a blood sample to measure your blood alcohol concentration (BAC) and of course these results will be used against you at your trial.

Expecting a heavy flow of warrants this holiday season, there will be judges on call at all hours of the night to sign the search warrants for the blood draws.  In short, the police will get the evidence they want to build the best case against you, so beware.

Be smart and have a safe holiday season!

What You Need to Know About Vehicle Searches

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

I am often asked under what circumstances the police are allowed to search a car. Most of the questions center on searches made following stops for speeding or other traffic code violations. Usually a warrant is required to search your property. An automobile, however, is an entirely different animal then say a house, for example. There is an exception to the warrant requirement for automobiles. The main rationale for having the warrant exception is since cars are mobile, and they could depart before an officer can get a warrant from a judge to search the vehicle. Another thought behind the exception is that since cars are regulated by state laws, and are also on public streets, drivers should have a reduced expectation of privacy compared to their homes.

The automobile exception to the warrant requirement has two parts:
1. If the police have probable cause that the car contains something illegal like a prohibited weapon or drugs, then they may search the car. One circumstance I hear most often is an officer after approaching a vehicle smells marijuana from the inside of the car and that triggers the probable cause for the search. Under this part of the exception, the officer can only search the part of the car where what he is looking for may be found. So if a police officer pulls a driver over for speeding and smells marijuana, he may search the entire car for the drug, including any containers like the center counsel, glove box, or purses. But if he has probable cause to believe that you have an illegal knife in the car, he could only search where the knife could be hidden and not, say, in a pack of cigarettes.

2. If an officer makes a lawful arrest of the driver of the car, he may make a warrantless search of the passenger compartment of the car. This is called a search incident to arrest.
Keep in mind an officer may always search your car without a warrant if you consent to the search. Sometimes police will pose the question with the implication that you do not have the legal right to refuse. However, you can always refuse to consent. Another approach is the officer may tell you that if you cooperate with him and consent, things will be easier on you, but in reality nothing could be further from the truth.

Also, if you are being arrested following a traffic stop, your car could be towed and searched pursuant to an inventory search. The police department has to have a policy regarding how to conduct an inventory search. The rationale behind an inventory search is to protect the police from claims property was stolen or lost down the road. The inventory search is not supposed to be a rouse to allow police to rummage through a car, however, police can go through your car to create an inventory.

My Favorite Video on How to Refuse a Police Search

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

See my favorite all time video on how to refuse a search. Of course, the acting is not the draw here, but the message is outstanding. Remember, only you can assert your rights and you should.