Top 5 Mistakes People Make When Arrested in Dallas and Collin Counties

By Bo Kalabus
www.rosenthalwadas.com;
b.kalabus@rosenthalwadas.com
24-hour Jail Release: 214-402-4364

1) Talking

Usually immediately following an arrest comes an investigation. Remember always that a person charged with a crime has the right to remain silent. Giving an investigator details about the alleged crime may ultimately hurt their case for a variety of reasons. For example, due to the emotional nature of the event a person may say something they don’t necessarily mean that can hurt them in the long run for being taken out of context, or the person may admit to something that they did not do. Not matter how much a person thinks-“I got this” they don’t.

2) Not consulting with an attorney

Things will happen quickly in a criminal investigation. Having competent legal counsel by your side from the beginning will assure that the arrested person’s rights are protected and vital evidence is saved. For example, in a assault case, the arrested person might actually be the victim instead of the aggressor and the person can provide evidence of it in the form of injuries they sustained. A competent attorney will make sure those injuries are documented in photographs before they are healed.

3) Ignoring the case

Being arrested is a humiliating and horrible experience. But, you can’t sit by and think it will go away by itself. If left alone, the situation will worsen significantly because the District Attorney’s office will not ignore the case. The DA has an aggressive unit of prosecutors that will want to seek the highest punishment available against a person charged with AFV.  The prosecutor is playing with house money and they want to get a conviction. The longer a person waits the more rights and opportunities are lost. Before long, the person will have painted themselves into a corner with little or no options available.

4) Making a quick decision

As with any decision for a defendant involved in a criminal case, speed hurts. Usually rushing to get a bad memory behind you can be a very bad strategy for a criminal case. Attitudes regarding the arrest can change over time and usually the best outcomes occur deep into the defense of a case.

 

5) Don’t Panic

An arrest for any crime is an extremely traumatic event. A person has stress over concerns for their spouse, children, job, and anxiety from fear of the unknown. I understand this and will provide you with as many options for your case as we can under the circumstances.

What You Need to Know About Assault Family Violence Charges in Collin/Dallas Counties

By Bo Kalabus
www.rosenthalwadas.com;
b.kalabus@rosenthalwadas.com
24-hour Jail Release: 214-402-4364

What is Family Violence?

Family violence as defined under the family code is “an act by a member of a family or household against another member of the family or household that is intended to result in physical harm, bodily injury, assault, or sexual assault or that is a threat that reasonably places the member in fear of imminent physical harm, bodily injury, assault, or sexual assault, but does not include defensive measures to protect oneself.” Tex. Fam. Code § 71.004.

Why do I need a lawyer for my AFV case?

An affirmative finding of family violence (AFV) on your record will drastically change your life. This type of case should be taken seriously and defended aggressively considering the impact of a negative outcome can be incredibly far-reaching.

Why am I playing with fire if I represent myself?

In a criminal case, the AFV will be used as tool by the State to enhance an assault charge. Taking an AFV on your record will cut your rights as a U.S. citizen cut in half.

Also, you can never seal your criminal record even if you successfully complete deferred adjudication probation on a case involving family violence. The prosecutor won’t share this piece of information with you if you are representing yourself.

I still don’t understand….what are the consequences of an AFV conviction?

  • You can never be named as the “managing conservator” of a child in any divorce action or action requiring the placement of a child.
  • You can never adopt a child under Texas law.
  • You can never posses or transport a firearm or ammunition under federal law.
  • Moreover, if you have been convicted of AFV, if, at any time in the future you are charged with an assault against a family member or a member of your household or a person who qualifies under Texas law as a person with whom you have a “dating relationship”, that assault can be filed as a third degree felony offense regardless of the degree of physical injury.

Will the case go away if the victim does not want to press charges?

No, the State of Texas will still go forward with the case even if the victim does not. The State will subpoena a reluctant victim to trial to testify and any other witnesses to alleged assault.

What You Need To Know About The Deep Lung Device/Ignition Interlock in Collin County

By Bo Kalabus
www.rosenthalwadas.com;
b.kalabus@rosenthalwadas.com
24-hour Jail Release: 214-402-4364

To start with, an Ignition Interlock or Deep Lung Device (DLD) is a portable machine that is installed on the vehicle to prevent the car from starting if it detects alcohol in the driver’s system. In order to start a vehicle with a DLD, the driver must blow into the DLD and the driver’s blood alcohol concentration (BAC) must be below .030. As long as the driver’s BAC is below .030 the car will start. The DLD also requires the driver to blow into the machine every 20 minutes while operating the vehicle, or the car will shut down. Having a deep lung device on your vehicle is a rude awaking.

If person accused of DWI is released from jail via a writ bond, a mechanism in Collin County that a allows a person’s bond to be set if they have not seen a magistrate judge, that person will have a hearing before a Collin County Court At Law judge within 10 days to determine whether a DLD will be installed as a condition of bond. At the hearing the judge will consider:

  • The person’s driving record and see if there have been any prior alcohol related offenses;
  • Has there been an accident;
  • Is the person’s blood alcohol level above a .15; and
  • Is this a person’s second DWI offense

Even if you have never been in trouble before, DWI consequences can be political in nature. With this being the case, judges are more inclined to have the DLD installed as a condition of bond out of necessity for public safety.

If the person’s blood alcohol content (BAC) is above a .15, or this is the person’s second DWI, Texas law requires that the judge require an installation of a DLD. If there was an accident, the judge certainly has discretion to order the installation of the DLD if he/she it is in the best interest of the public.

If a DLD has not been installed as a condition of a person’s bond, it may be added later as a condition of their DWI probation. For example, if a person’s BAC is above .15, Texas law requires a DLD to be installed on the person’s vehicle for at least half the length of their probation. Also, in some situations, a DLD is required as a condition for the person’s occupational driver’s license.

The expense of a DLD adds up as well. The device costs about $100 to install and about $80 a month after that. These costs are approximates as they change over time. Also, a person is required to return to the installer at least once a month to have the device calibrated. Failure to have the device calibrated could result in forfeiture of the person’s bond, which means a return trip to jail.

How Social Media Can Hurt You in a Criminal Case

By Bo Kalabus
www.rosenthalwadas.com;
b.kalabus@rosenthalwadas.com
24-hour Jail Release: 214-402-4364

If you have a pending criminal case, or if you believe you may be under criminal investigation in Texas, you have to appreciate just how powerful social media sites like Facebook and Twitter can be on the outcome of your case (or investigation) before it even gets started.

Social media first became popular to young people years ago and now just about everyone is connecting online in some way. You can usually find out some basic information about a person you have just met by searching their name on Facebook. Prosecutors and investigators understand this and will do the same thing. What does you Facebook wall or Twitter page say about what type of person you are?

To help keep yourself away from potential social media legal issues, you must first understand how social media posts can impact you in criminal cases.

It’s possible the words you write and pictures or videos you post can prove damaging in criminal cases. Although it may seem harmless at first, these communications become important when posts demonstrate you did or said something at the time it was posted. The quote will be there good or bad with no context. For example, if you post on Facebook how angry you are at a person and the next day you are in a fight with them and get arrested for assault, the State may use your quote to show your state of mind to try to prove you were the aggressor. Here are some other examples I commonly see in my practice

  • Descriptions and announcements of behavior
           Threats, anger, depression, “wanting to get hammered”, bragging about crimes, etc.
  •  Descriptions or photos of drug use, paraphernalia, or other instruments of criminal activity
          Drugs, illegally obtained firearms, and other illegal weapons
  • Statements or images that place you at a given location
         Checking in at bars (or multiple bars) at a specific times, or pictures of drinking—usually not good evidence in DWIs cases-especially if you are bond for a DWI      charge.
  •  Images or descriptions that implicate you in more serious crimes or illegal activity
         Pictures of you with large amounts of drugs, stolen property, or firearms.

Although you may believe these thoughts or pictures are protected from public view based on what you have selected in your account’s privacy settings; however, the settings guarantee nothing. Facebook and other platforms actively participate with law enforcement to reveal “protected” information. Never assume information you put online isn’t accessible to those who might be investigating you for evidence of criminal activity.

Top 5 Reasons You Should Never Agree to a Police Search -Even if you think you have nothing to hide

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

Whether or not you ever break the law, you should be prepared to protect yourself and your property just in case police become suspicious of you. Remember, this is one situation in life where you cannot un-ring the bell so to speak. Let’s take a look at one of the most commonly misunderstood legal situations a citizen can encounter: a police officer asking to search your belongings. Most people automatically give consent when police ask to perform a search. However, I recommend saying “no” to police searches, and here are some reasons why:

  1. It’s your right under the Constitution

The 4th Amendment to the U.S. Constitution protects us against unreasonable searches and seizures. Unless police have strong evidence, what is often called “Probable Cause” to believe you’re involved in criminal activity, they need your permission to perform a search of you or your property.

You have the right to refuse random police searches anywhere and anytime, so long as you aren’t crossing a border checkpoint or entering a secure facility like an airport. Don’t be shy about standing up for your own rights, especially when police are looking for evidence that could put you behind bars. Remember, if this situation no one else is going to assert your rights for you—it’s up to you.

  1. Refusing a search benefits you if you end up in court

It’s always possible that police might search you anyway when you refuse to give consent, but that’s no reason to say, “yes” to the search.  In this type of situation you have to plan for the long run. Basically, if there’s any chance of evidence being found, agreeing to a search is like committing legal suicide, because it kills your case before you even get to court. One you let the police in and they find evidence, it is literally impossible to keep that evidence out at trial.

If you refuse a search, however, the officer will have to prove in court that there was probable cause to do a warrantless search. This will give your lawyer something to work with and a good chance to win your case, but this only works if you said “no” to the search—once the toothpaste comes out of the tube, it’s very difficult to put it back in.

  1. Saying “no” never felt so good—and it can prevent a search

I know refusing searches works because the police talk about it in passing in court at hearing on other matters. The reality is that police routinely ask for permission to search when they have absolutely no evidence of an actual crime. If you can take a deep breath and remain calm and say “no”, there’s a good chance the police will relent, because it’s a waste of time to do searches that won’t hold up in court anyway.

  1. Searches waste time and may damage your property

Do you have time to sit around while police rifle through your belongings? Police often spend 30 minutes or more on vehicle searches and even longer searching homes. And I’ve seen cases where the police really dismantle things and the police will not put everything back together for you when they are finished either. If you waive your 4th Amendment rights by agreeing to be searched, you will have few legal options if any when property is damaged or missing after the search.

  1. You never know what they’ll find till you know

Are you 100 percent certain there’s nothing illegal in your home or vehicle? You just can’t be too sure. The scenarios are endless–A joint roach could stick to your shoe on the street and wind up on the floorboard. A careless friend, or family member could have dropped a baggie of cocaine behind the seat. Try telling the police you are a nice guy and it isn’t yours, and they’ll just laugh and say “sure it isn’t hero” and tell you to put your hands behind your back. If you agreed to the search, you can’t challenge the evidence and possession (care, custody, and control of the contraband) can be hard to overcome if the contraband is located in your vehicle for example. But if you’re innocent and you refused the search, your lawyer has a decent shot to win the case.

Remember that knowing your rights will help you protect yourself, but no amount of preparation can guarantee a good outcome in a bad situation. Your attitude and your choices before, during, and after the encounter will usually matter more than your knowledge of the law. Stay calm no matter what happens and be polite.

Please spread the word on this information, you will never know when you or a friend will need it. Trying to repair the damage on the back end is darn near impossible—what you don’t know will hurt you.

Expect No Refusal Weekends This 2015 Holiday Season for Dallas and Collin Counties

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

This holiday season drivers will be under even more scrutiny from the local police since the holidays will be declared a “No Refusal Weekend”, or a “Zero Tolerance Weekend.”

What a “no refusal”/”zero tolerance” weekend means is if you get pulled over on suspicion of drunken 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, 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.

Stay safe my friends and have a great holiday season.

McKinney Texas Cop Pulls Gun on Black Kids at Pool Party

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

The McKinney, Texas officer placed on leave after pulling his gun on unarmed teenagers has been identified as as Corporal Eric Casebolt.  See horrific video here:

 https://youtu.be/bpWP8aMcOo8

 

Writ Bonds – Immediate Jail Release: 214-402-4364

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

Recent Case Win: Dallas 5th Court of Appeals Reverses Collin County Trial Court Conviction

By Bo Kalabus
Writ Bond 24-Hotline 214-402-4364
www.kalabuslaw.com
www.rosenthalwadas.com
Office 972-562-7549

Last October I participated in oral arguments before the 5th Court of Appeals in Dallas on a case regarding the constitutionality of a mandatory blood draw taken from my client without without his consent or a warrant under Chapter 724 of the Texas Transportation Code following an arrest for DWI with an accident.

My argument centered on the lack of exigent circumstances (an exception to the warrant requirement) that existed in the facts on the night in question, the ease with which the arresting officer could have obtained a search warrant, and the implied consent statute (724) does not take into account the totality of the circumstances regarding exigency. In short, the way my client’s blood was taken violated his 4th amendment rights.

The Court of Appeals agreed, issuing a lengthy 26 page opinion last February holding that my client’s constitutional rights were violated when his blood was drawn without a warrant. More specifically:

1) the trial court erred by concluding that based on the totality of the circumstances, exigency was met and the warrantless mandatory blood draw performed on my client was constitutional; and
2) the taking of my client’s blood without a warrant under Chapter 724 of the Texas Transportation Code was a violation of my client’s 4th Amendment rights and the results of the blood test should have been excluded.

It’s been a long road for my client-the original hearing to exclude the blood before the Collin County trial court took place in July of 2013, but the results have been worth it. I have enjoyed being on the leading edge of shaping the law regarding warrantless blood draw issues that have followed the Supreme Court’s 2013 ruling in McNeeley v. Missouri.

Texas Super Lawyer

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

Bo Kalabus was named a Texas Super Lawyer for the third year in a row. See Bo’s Profile here.