Recent Blog Posts
What Is an Affidavit of Non-Prosecution (ANP) and How Does It Affect a Criminal Case?
Many Collin County criminal cases start with someone contacting the police and filing a report. This is a common occurrence in family violence cases–someone tells the police their partner assaulted them. After some time has passed, however, the accuser may not wish to go forward with criminal prosecution. Maybe the person made up the whole thing. Or perhaps they simply want to put the incident “behind them” and avoid testifying at a public trial. A person in that situation may be able to file an affidavit of non-prosecution.
Can the Alleged Victim of a Criminal Case Drop the Charges?
There is a misconception among many people that an accuser can simply “drop the charges,”. Many think that ends the criminal case against the defendant. But that is not how the criminal justice system operates. In a civil case, a plaintiff may voluntarily dismiss his or her lawsuit against the defendant. In contrast, a criminal case is handled by the District Attorney, not the accuser. The DA is the legal representative of the State of Texas. Once a case is in the system, it is up to the DA to decide whether or not to proceed.
What Is Deferred Prosecution for Juveniles?
Texas Family Code 53.03 governs “deferred prosecution”. It is a very common outcome in juvenile cases. Deferred prosecution essentially dismisses the charges in exchange for serving probation. When entering a deferred prosecution deal with the prosecutors, the juvenile doesn’t even have to admit guilt. The juvenile is attempting to complete probation while the case against them is paused. The court will dismiss the case against the juvenile if they successfully complete probation.
The beauty of Deferred Prosecution is if the juvenile violates the terms the case against them is merely unabated (or un-paused). It proceeds normally as if the deferred prosecution never happened. This is different from deferred adjudication in the adult system. A violation would result only in increased punishment and the defendant wouldn’t have the ability to contest the original underlying case.
Fireworks in Collin County, Texas
With the Fourth of July coming up next week, we pulled some facts together about shooting off fireworks in Collin County.
Can I shoot off my own fireworks in Collin County?
Use and possession of fireworks is allowed, but only in the unincorporated areas of Collin County. In other words, as long as you are not within the city limits of any town in Collin County, feel free to have your own fireworks-related fun. Just be careful, because fireworks can turn dangerous in a hurry and without any warning.
Also, it is important to respect the rights of others. Loud or dangerous conduct can disturb others and land you in trouble with the sheriff’s department. Also remember that fireworks and alcohol do not mix. Texas Penal Code § 49.02 (Public Intoxication) makes it a crime to be intoxicated to the extent that you are a danger to yourself or others.
What about in the city limits?
Every major city in Collin County prohibits not only the use of fireworks, but their possession by local ordinance. Fines can be up to $2,000 for violations.
How Long Will it Take for My Case to Get Filed in Court?
If you or a loved one has ever been arrested and charged with a crime, you may find yourself wondering, “When will this nightmare be over?” Unfortunately, you will find that much of the criminal justice system fits the old saying, “Hurry up, and wait!” So, what can you expect?
How long you wait depends, in part, on what type of case you have. Is it a case of Driving While Intoxicated where a blood sample was taken? Or a case involving drugs? Or a case where physical evidence was collected by the police department? If you answered “yes,” to any of these questions, then you will typically wait several months before the state-funded crime lab tests the items in your case and issues its report.
Once the police department has the test results (if any), it will forward all of the information in your case – police report, witness statements, laboratory reports – to the District Attorney’s Office.
If your case is a misdemeanor, it will be assigned to an Assistant District Attorney in the department called “Intake.” That attorney will review your case and decide if your case gets filed. Depending on the backlog of cases, it may take weeks, or months, for that attorney to make a filing decision. In some instances, that attorney might return the case to the police agency that submitted it “for more information.” If that is the case, the wait will take longer.
Sanction Levels for Juvenile Offenders
When your child gets arrested, you may hear about different “sanction levels.” That is because the State of Texas has made an effort to make sure juveniles face consequences that are uniform across the state. Judges are given a lot of “wiggle room” in determining punishment for different offenses, but these sanction levels provide a good reference for how other children in similar circumstances are punished. Most judges in Texas are focused not only on punishment, but also on making sure your child gets the services that he or she needs to ensure that delinquent behavior doesn’t happen again. Each sanction level is listed under Texas Family Code Chapter 59.
Sanction level one is the lowest sanction, usually given to those juveniles with runaway and truancy issues. Sanction level one may require counseling for these offenses.
Sanction level two usually corresponds to certain Class A and Class B Misdemeanors (theft up to $1500/shoplifting, criminal mischief, and possession of marijuana, for example). This level puts the juvenile in Deferred Prosecution for 3-6 months. The deferred prosecution program is essentially where a juvenile is placed on probation in exchange for a dismissal of the case, as long as they do everything they are supposed to while on probation.
What Happens After My Case is Filed in Court?
Perhaps you or a loved one have endured an arrest and a long wait to see if a case would be filed against you. Then, you receive a notice to appear in court. You may be wondering: What happens now? How long will this take? What can I expect from this process?
First, resolving your case can take some time. Be prepared for this from the beginning. Although it can happen, it is rare that everything is handled at your first court appearance. You can expect this process to go on for several months.
Second, it is always wise to have legal counsel with you every step of the way. If you have not already hired an attorney, now is the time to do so. Your attorney will want to be involved in your case from the very beginning. It is important that you feel comfortable with the attorney you hire, because you will spend many months working together.
Third, appear at your very first court date. This first court date is called your “First Appearance.” This is an order – your appearance is not optional. If you do not appear, a warrant can be issued for your arrest.
Getting Caught With Weed – Collin County vs. Dallas County
What happens if you get caught with weed in Texas depends on the amount of marijuana with which you are caught and the city you are in.
In Dallas County, if you are caught with less than 4 oz. of weed, the police no longer have to take you to jail due to a Cite and Release program that was instated December 2017. Instead, you could be fingerprinted and then given a court summons.
This does not change the potential punishment range for the offense, instead only avoids the initial arrest. The purpose of this change is to free up officers in the field so that they can handle offenses that are more serious. The law benefits the arrestee by allowing them to go home the same day of the offense instead of spending the night in jail. The punishment range is still the same if an arrestee is convicted of the offense.
When using the Cite and Release law, Dallas police officers must determine two things:
- Where the arrestee lives
- Whether the arrestee has any warrants
How Do I Get My Child Out of Juvenile Detention?
Can I bond my child out of juvenile detention?
The short answer is, “No.” Unlike a criminal case, you cannot post bond on a juvenile case. This is just one of the many ways that a juvenile case is different from an adult criminal case.
You will soon discover many purposeful differences between the juvenile and the adult system, including the terms that are used. For instance, your child is not arrested, but detained. Additionally, the court will refer to your child as a juvenile respondent, not a defendant. These terms reflect the goal of the juvenile justice system – to treat children differently — because they are children, not miniature adults.
The first step after your child is detained is to attend his or her juvenile detention hearing. Texas Family Code Section 54.01(a) requires that a detention hearing must be conducted no later than the second working day after the juvenile is taken into custody. If your child is detained on a Friday or Saturday, then the hearing will be conducted on the next working day after detention.
July 4th — the “No Refusal” Holiday
As the Fourth of July looms, counties across Texas are preparing for another “No Refusal” week(end). What this means for drivers arrested for Driving While Intoxicated is that even if you refuse a breath or a blood test, an officer may very likely seek a warrant for your blood.
Texas has what is called the “implied consent” law. Don’t remember this from your driver’s education handbook? That’s not unusual – most people don’t. What this means is that as part of your agreement with the State to receive your driver’s license, you impliedly consent to give a breath or a blood test if requested by an officer if you are suspected of DWI. Of course, you can refuse, but be aware that carries with it some penalties, including the suspension of your license and the fact that your refusal may be used as evidence against you in a court of law.
On a “No Refusal” weekend, officers have judges standing by, ready to sign off on warrants to take your blood if you refuse a breath or blood test. Officers are required to provide sufficient information for a judge to make a finding of probable cause from the face of the warrant. Do errors sometimes happen? Of course. An attorney will be able to later examine that warrant to see if all the proper protocol was followed, and if not, to try to suppress that evidence (meaning it can’t be used against you in court). But if the warrant is solid and protocol was followed, the State may have another piece of evidence against you.
The New DIC-24 and DIC-23
To reflect changes made to the Texas Transportation Code effective September 1, 2011, the state Department of Public Safety has amended both the DIC 23 and DIC 24 (as well as the 54).
The DIC 24 is a document that is more commonly known as the statutory warning. It is a script that Texas police officers are required to read to Driving While Intoxicated suspects prior to requesting a breath or blood sample. Essentially, it informs the suspect of their statutory rights, and the consequences of refusing to submit to the request for breath or blood. The new form includes language explaining to the suspect that if he or she refuses to submit, the officer may request that a judge issue a search warrant for the person’s blood.
Similarly, the document known as the DIC 23 has also been amended to reflect new legislative changes. The DIC 23 will no longer need to be sworn to by a notary.
Contact the Criminal Defense Attorneys at the Texas Defense Firm for Help Today
If you’ve been charged with a crime in McKinney or Dallas and need legal help, contact our skilled criminal defense attorneys at Texas Defense Firm. Schedule a confidential consultation today to discuss your case and protect your rights.