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

Just What is Proof Beyond Reasonable Doubt in Texas?

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

bo@kalabuslaw.com (email)

www.kalabuslaw.comwww.rosenthalwadas.com

By Bo Kalabus

In Texas, the government has the burden of proof in a criminal case.  What this means is the State of Texas has the burden to prove the Defendant’s guilt beyond a reasonable doubt.  You may wonder just what is the definition of proof beyond a reasonable doubt? Our legislature has not provided us with a definition. Proof beyond a reasonable doubt means whatever you believe it means, but is also the highest burden in the land.  This all makes very little sense without a background on what the burdens of proof are.

The lowest burden of proof in our justice system is reasonable suspicion. A police officer must have a reasonable suspicion a crime has been committed in order to stop/detain an individual.  Reasonable suspicion is defined as “articulable facts” for example like a person’s taillight is broken on their vehicle.

In order to arrest an individual, a police officer needs to hurdle the next legal burden called probable cause.  What probable cause means is the officer possesses sufficiently trustworthy facts to believe that a crime has been committed.  An example here is after stopping someone for speeding, the officer smells alcohol on the person’s breath and conducts field sobriety tests on the person—which they fail—and the officer arrests the person.

Preponderance of the evidence is the next level of proof and usually comes in to play in a civil lawsuit for money damages such as a car wreck case.  What’s interesting about preponderance of the evidence is this burden gives us a picture of the scale of proof because it is defined as 51%–just like this–if you can get the football across the 50 yard line on a football field you win the game.

This brings us to the second highest burden of proof is which is clear and convincing evidence.  Clear and convincing evidence is defined as a strong conviction or belief.  This is the burden that Child Protective Services has to meet to remove children from a household.  It’s also the burden a plaintiff has to meet in a civil action to be awarded punitive damages—damages that are levied against the other party purely as a punishment.

Most people would require a high degree of certainty before he or she would be willing to declare that a child should be removed from a family home. Proof beyond reasonable doubt in a criminal matter is even higher than that!  Remember there has to be “proof” beyond reasonable doubt.  Proof.  Proof is evidence and the government must have this evidence.

Perhaps our legislature will one day provide us with a definition of proof beyond reasonable doubt. Until that happens it remains undefined, yet it is the highest burden in the land.

FAQs About Possession of Marijuana in Texas

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

UnknownPossession of Marijuana FAQ

Q: What does possession really mean?

A: The Texas Penal Code Section 1.07(39) defines “possession” as “actual care, custody, control, or management.” In other words, the State has to prove that someone was in actual care, custody, control, or management of the marijuana not just that someone was merely in close proximity to the drugs.

Q: What exactly is considered marijuana?

A: The legal definition of marijuana is defined in the Texas Health and Safety Code. Marijuana is in its own category and for the purposes of marijuana possession, is defined as any Cannabis sativa plant, whether it is growing or not, the seeds of the plant and any preparation of the plant such as a joint or a package containing dried and shredded buds.

Q: How serious is a possession of marijuana charge?

A: It depends. Possession of marijuana is at least a misdemeanor criminal charge under Texas law. Though most minor marijuana possession cases can be dealt with effectively, more serious charges with larger quantities or intent to sell are extremely serious charges.

Q: What are the laws and penalties regarding marijuana possession?

A: As follows:

Weight Classification Penalty

*2 ounces or less
Class B misdemeanor
Not more than 180 days in a county jail and/or a fine of not more than $2,000

*More than 2 ounces, but less than 4 ounces
Class A misdemeanor
Not more than 1 year in a county jail and/or a fine of not more than $4,000

*More than 4 ounces, but less than 5 pounds
State jail felony
180 days to 2 years in a state jail and/or a fine of not more than $10,000

*More than 5 pounds, but less than 50 pounds
Third-degree felony
2 to 10 years in a state prison and/or a fine of not more than $10,000

*More than 50 pounds, but less than 2,000
Second-degree felony
2 to 20 years in a state prison and/or a fine of not more than $10,000

*More than 2,000 pounds
Enhanced first-degree felony
5 to 99 years and a fine of not more than $50,000

Q: Does having a possession of marijuana conviction on my record affect my driver’s license?

A: Yes, you can be sentenced to a suspended driver’s license for up to six months following a conviction on any violation of the Texas Controlled Substances Act, which includes possession of marijuana.

What are the laws and penalties regarding marijuana possession?

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

In my practice I am asked on a frequent basis what are the penalties regarding marijuana possession?

Marijuana-1114-thumb-200x282-thumb-200x282-thumb-200x282The penalties for marijuana possession are as follows:

Weight Classification Penalty

2 ounces or less: Class B misdemeanor; Not more than 180 days in a county jail and/or a fine of not more than $2,000.

More than 2 ounces, but less than 4 ounces: Class A misdemeanor; Not more than 1 year in a county jail and/or a fine of not more than $4,000.

More than 4 ounces, but less than 5 pounds: State jail felony; 180 days to 2 years in a state jail and/or a fine of not more than $10,000.

More than 5 pounds, but less than 50 pounds: Third-degree felony; 2 to 10 years in a state prison and/or a fine of not more than $10,000

More than 50 pounds, but less than 2,000: Second-degree felony ; 2 to 20 years in a state prison and/or a fine of not more than $10,000

More than 2,000 pounds: Enhanced first-degree felony; 5 to 99 years and a fine of not more than $50,000

A Recent Case Win–Evading the Police Case Dismissed

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

In addition to my retained clients, I also take court appointed clients in certain counties, to help citizens that can’t afford a lawyer from waiving their rights if they are facing criminal charges. I think it helps me keep things in perspective and it’s a great way to give back to the community. It can be difficult work at times, but it can be extremely rewarding, such as the case here. This particular client was accused of evading the police. But as always, there is more to the story.
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The client had been on probation for another charge out of Gregg County for a period of 8 years. He had two years to go on the probation and had since been living in the Metroplex area. Following his move to the area, he turned his life around from the trouble he had been in when he was young. He was employed and doing well. He was also doing well on probation and staying out of trouble, except that he needed to finish a class as a condition to probation that he had not yet finished.

The day of incident started like any other day with the client going to work. Following work the client had planned to check in with his probation officer, then hit the grocery store before going home. He never made it to the grocery store. When checking in with his probation officer, he was greeted with a “You did not finish the class in time as a condition to your probation. You are going to spend the next 10 years in a box!” Of course the box meant prison! Imagine that–you have served 8 years of probation, got your life back on track, and just like that you have someone taunting you with your freedom. My client was then told that there was a warrant for his arrest and they were going to take him away right there. Of course my client went into a full blown panic and started running for the door. The police caught him and apprehended him in the parking lot.

Instead of just letting Gregg County take my client to decide the issue of the probation revocation, where he was facing 10 years prison time, the Metroplex county decided to charge him with evading for running from the probation officer where he could face up to one year in jail. The evading charge would first have to be prosecuted here in the Metroplex County first before he could go on to Gregg County where his ultimate fate on the 10 years in prison would be decided.

As you can imagine, the client had very limited financial means and was sitting in jail unable to post a bond when I was appointed to represent him. The client had to wait in jail for 30 days until the case was filed–with the Metroplex County footing the bill for this. Once a person gets this kind of jail back time credit, it is very tempting for the person to take any of deal for time served to just get out of jail. The big issue with this approach is it would have been another conviction on his record. I encouraged my client to stand his ground, because I thought we could make something happen if we hung in there on his case.

Once the case was filed, I focused on the issue of whether the client was truly under arrest at the time–you can’t evade if you aren’t really under arrest. Following negotiations with the prosecuting attorney, who really saw the bigger picture, the State dismissed the case against my client.

Sometimes it really pays to stand your ground. Instead of an evading conviction on his record, my client has the case dismissed and has the opportunity to clear the charge from his record. As you can imagine, my client was relieved and very pleased with the result.

A Recent Case Win–DA Reduces Greater than 0.15 BAC DWI Class A Misdemeanor to a Class B Misdemeanor.

214-402-4364-Writ Bond Hotline
bo@kalabuslaw.com
www.rosenthalwadas.com
www.kalabuslaw.com
Office: 972-562-7549

My client was arrested for DWI following a traffic stop. A subsequent blood test alleged my client’s blood alcohol level (BAC) at the time of the test was .217, which resulted in my client being charged with a first offense DWI with a BAC higher than 0.15 (keep in mind the legal limit is .08). Under current law, if a person’s BAC is above a 0.15, the charge is elevated to a Class A misdemeanor which enhances the punishment range to a fine from $0 to $4,000 and from 0 days to 1 year in jail (which may be probated) regardless of whether it is a first offense. The charge also requires that a person have a deep lung device (DLD) installed on their car for the length of probation. The DLD is a portable breathalyzer that a person will need to blow into before they can start their car.

The “0.15 BAC and above” enhancement also has significant impact on the surcharges that DPS will levy on a person following a DWI conviction. If a person’s BAC is above 0.15, then the surcharge to maintain a driver’s license will be $2,000 a year for a three-year period following the conviction.

I went to work on the case, investigating the facts to gain what leverage we could to negotiate with the prosecutor. After several weeks of hard work on the case I was able to identify some weaknesses in the blood analysis. As a result, the prosecutor agreed to lower the charges from the greater than 0.15 BAC Class A misdemeanor level to a Class B misdemeanor, or a DWI below 0.15 BAC offense level. This reduction was significant considering it dropped the potential punishment range down to a fine that would range from $0 to $2,000 and from 72 hours to 180 days in jail (which was be probated in this case). Better yet, the client will not have to pay $6,000 in DPS surcharges that would have followed the conviction.

As you can expect, my client was relieved and very pleased with the result.

Am I Eligible for Deferred Adjudication?

214-402-4364-Writ Bond Hotline
bo@kalabuslaw.com
www.rosenthalwadas.com
www.kalabuslaw.com
Office: 972-562-7549

It all depends on the offense charged and the individual’s criminal history. There are several offenses where individuals are barred by law from receiving deferred adjudication. The majority of these offenses involve intoxication crimes. Specifically statutorily offenses under chapter 49 of the Texas Penal Code which are DWI, boating while intoxicated, flying while intoxicated, intoxication manslaughter, etc. A defendant is eligible for deferred if he or she has been charged with most any other offense.

The next hurdle is whether the District Attorney (DA) will be willing to offer deferred. The prosecutor assigned to the case makes this decision on a case-by-case basis. Some of the factors the prosecutor will consider are: the defendant’s criminal history, the nature of the crime, was it a violent offense, was a deadly weapon involved, were there any injuries etc. An experienced attorney can help convince the prosecutor to offer deferred adjudication by exposing weaknesses in the prosecutor’s case.

Texas Legislature Cracks Down on Regulation of Internet Mugshot Publishers

214-402-4364-Writ Bond Hotline
bo@kalabuslaw.com
www.rosenthalwadas.com
www.kalabuslaw.com
Office: 972-562-7549

Starting September 1, 2013, there is new law regarding the publishing of mugshots and associated information on the Internet. The new “mugshot law” certainly highlights why you need to hire a competent lawyer to handle your expunction or nondisclosure to make sure the mugshot businesses remove your mugshot and booking information from the web. This is because the new law does not place the burden on the mugshot business to remove or correct any of your information–unless they receive notice from you first. Now, let’s go over a little background on how we got here.

images.jpegThe mugshot publishing industry is an Internet niche of private businesses that publish mugshots of individuals arrested by law enforcement agencies. This industry has exploded over the past few years. In fact, it has been reported that more than 60 new mugshot websites have been created in a two-year period ending in March 2013. As can be imagined, this growth has in turn spawned the Internet mugshot removal industry, which is a niche industry of businesses that charge a fee to have the mugshot removed from one or more websites.

The mugshots and the arrested individual’s information are published regardless of whether or not the person has been found guilty or not guilty of the crime they were arrested for. Because of this and that many of the online websites charge fees to remove mugshots and arrest profiles, the industry has become increasingly controversial. Some sites may remove information for free if the person is able to show proof that they were found not guilty, or that the charges were dropped. Typically sites will charge a fee regardless of the disposition of the case. This controversy has led some state legislatures to propose bills to regulate the industry.

Texas is one of those states enacting legislation on September 1, 2013 in an effort to regulate the websites and to provide relief to individuals that were found not guilty of the crimes they were accused of. During its 2013 legislative session, the Texas State Senate passed two bills regulating the businesses that publish mugshots and accept payment to remove the information. It now requires the business to publish a mailing address, e-mail address, or a fax number to allow people to contact the business. Any individual may contact the business disputing the accuracy of the information being published by the business. The business has 45 days to respond, in writing, about the dispute and the results of its investigation into the dispute. The bill also forbids these businesses from publishing the arrest records of anyone who has not been convicted and establishes a fine for those businesses that do so. And these fines add up if a person has had a criminal offense expunged or nondisclosed from their record and the business continues to publish the mugshot following notice of the expunction or nondisclosure to the tune of $500 a day. Also, if a person who prevails in a lawsuit against the business may recover court costs and attorney’s fees.

214-402-4364 – Writ Bonds – Immediate Jail Release in Collin County

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

Need a Writ Bond?
Need an Attorney Bond?

If you have a friend or a loved one that has been arrested in McKinney, Plano, Frisco, or some of the smaller municipalities in Collin County, the jail staff may have informed you that you need a writ bond or attorney bond. I can help you get the writ bond filed in the in the proper place to have your friend or family member released from the jail.

A writ bond is an instrument that will trigger an immediate cash bond for most misdemeanor arrests in Collin County where individuals have not had a bond set yet. The cash bonds will be $350 for Class B misdemeanors and $500 for Class A misdemeanors and all DWI misdemeanors.

Writ Bonds will work for release in most misdemeanor cases:

Class B Misdemeanors
Class A Misdemeanors
These are usually DWI, theft, and minor drug possession cases

Writ Bond will not work for the following cases:

Class C Misdemeanors–specifically traffic tickets
Felony cases
Family Violence
Assault

If you have been told you need a writ bond call, 214-402-4364.

Writ Bond – Need one? I Can Help

214-402-4364 – Immediate Jail Release

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

Need a Writ Bond?
Need an Attorney Bond?

A writ bond (or attorney bond) is an instrument that will trigger an immediate cash bond for certain misdemeanor arrests in Collin County where individuals have not had a bond set. A magistrate judge will set the bond during a process call an arraignment hearing; however, in Collin County the magistrate judge only has arraignment in the mornings and it is easy to miss if the arrested individual is not booked in yet. That means the arrested person will be sitting in jail 24 additional hours before they can have the bond set. The bonds are $350 for Class B misdemeanors and $500 for Class A misdemeanors and all DWI misdemeanors.

Cases where a person is entitled to a Writ Bonds:

Class B Misdemeanors
Class A Misdemeanors
These are usually DWI, theft, and minor possession cases

Cases where a person IS NOT entitled to a Writ Bond:

Class C Misdemeanors–specifically traffic tickets
Felony cases
Family Violence
Assault

For a more detailed description of a writ bond and the writ bond process, go here.