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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.

Proof beyond reasonable doubt is the highest legal burden in the land.  Now just what does than mean?  To find out, fleck here:

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 second year in a row. See Bo’s Profile here. To learn about the Super Lawyer selection process, go here.

Check out this short video to see:

My approach to the defense of a DWI case

If you are facing an assault family violence case, the consequences of an negative outcome can change your life forever.  To learn more-click here

Interesting little video from a Tennessee DUI/DWI checkpoint stop.  Check out the video here.

Beware, this weekend is a “No Refusal”/”Zero Tolerance” weekend in Dallas and Collin Counties.  Read more about it here.

The short answer is Yes!  Read more here

Check this out:

http://www.collincountycriminallawyers.com/2013/06/should-pilots-take-the-breath.html

The RIGHT Way to Handle a Police Stop – YouTube

The acting is compelling and rich, but the point comes across….

By Bo Kalabus

bo@kalabuslaw.com

Office: 972-562-7549

Collin County 24 Hour Jail Release 214-402-4364

“But I’ve never been in trouble before, doesn’t that count for something??!!”  I hear this statement/question a lot in my practice from a person accused of a crime.  I also hear “But my son/daughter has never been in trouble before–that’s going to help right?”  Unfortunately, in most cases the answer might be difficult to take.

Take for example, a person named Jack who is about 50 years old.  Jack is on the fast track to make equity partner at his law firm where he has worked for the past 25 years.  He has a loving wife and three boys-one of which just graduated from college.  Jack has also been a model citizen during his life and has no criminal record.  On the way back home from his son’s graduation party, Jack in a hurry to return home and respond to a few high pressure work e-mails, is speeding about 10 miles an hour over the limit on the toll road in Frisco.

Jack catches the attention of a DPS Trooper patrolling the toll road.  The Trooper sees Jack’s vehicle speed is over the limit on his radar and pulls Jack over.  The Trooper smells alcohol and within 45 seconds of talking with Jack, the Trooper asks if Jack has had anything to drink.   Jack, being honest, responds that he’s “had a few beers at his son’s graduation party.”  Jack is asked to step out of the car and after a less than stellar performance on the field sobriety tests, Jack is arrested on charges of DWI.  At the police station Jack consents to a breath test because he has nothing to hide, and he respects authority.  The test shows that Jack’s blood alcohol is above the legal limit.

This is about the time I hear Jack say –“But I’ve never been in trouble before that will count for something right?”–during his consultation with me in my office.  Jack is not eligible for the Pre Trial Diversion Program (PTD) (a great Collin County program that allows a first time offender the opportunity to enter a program that will give the offender the opportunity to get the charge off his record) because a DWI is a category of crime that is not allowed into PTD.  Jack is now in a situation where all of his hard work in life and prior good criminal record will have no impact on whether he is guilty or innocent of DWI.  The pending charge will surely stress his home life and may put his career advancement in jeopardy among other things.  Jack will ultimately have to face the decision of taking a plea deal and being convicted or setting the case for trial and taking his chances of whether a jury will find him innocent or not.

A case like the example above is very tough for some people to understand and I don’t blame them.  Essentially, life and a good criminal record can get turned on its head in one evening and it can be tough to comprehend.  Now, a good background or lack of a criminal record does have its time and place to be heard about.  Unfortunately, it’s after a judge or jury has found a defendant guilty and that defendant is now convicted of the crime.  The proceeding then goes into the punishment phase of the trial.  The prior good behavior will then become part of the evidence and be weighed to determine the jail time served or probation.

By Bo Kalabus bo@kalabuslaw.com

Office: 972-562-7549

24 Hour Jail Release 214-402-4364

The client was arrested for walking away from a junked-out vehicle that the police found marijuana, bags, and seeds.  This sounds like serious trouble for my client right?  It sure is a perfect example of being in the wrong place at the wrong time right?  Well, things began to unravel for the State of Texas from this point forward.  First, the arresting agency initially thought the amount of marijuana seized was slightly over 4 ounces, which would have been a felony level offense.  However, upon a proper weighing of the drug, the amount actually obtained was 3.74 ounces, which qualified the offense as a Class A misdemeanor–the highest level of misdemeanor punishable up to 1 year in jail and a $4,000 fine.
Next, on the eve of trial, in response to a pending motion to suppress the marijuana based on an illegal search, the prosecutor agreed to reduce the Class A charge to a Class C misdemeanor paraphernalia charge.  Finally, my client received deferred adjudication on this charge as part of the negotiation.  This essentially reduced the offense to the equivalent of a traffic ticket.  And following a 6 month non-reporting probation period (basically just keep your nose clean during the probation period), my client will be able to get the charge off his record–just like it never happened.
So what potentially was thought to be a felony drug charge, was filed as a high level   misdemeanor, and ended as something my client can expunge off his record as if it never happened.  As you can expect, my client was relieved and very pleased with the result.

Bo Kalabus bo@kalabuslaw.com

(972) 562-7549

24 hour Jail Release (214) 402-4364

If the criminal justice system in Collin County has a bread and butter type of case it would definitely be a DWI.  This is an easy conclusion to draw when you consider that there are over 4,000 DWI misdemeanor cases currently pending in Collin County.   The next closest misdemeanor case in volume is theft and that is a very distant 2,500 or so currently pending cases.

In short, if you have been charged with DWI in Collin County, you are certainly not alone.  However, there is certainly no strength in numbers as the old saying goes and a DWI is no laughing matter.  A DWI case carries strong criminal penalties and can impact your driver’s license status.   In fact, a DWI is actually two cases in one.  The first is a civil action brought by DPS that could impact your driver’s license through a suspension.  The second is the criminal action brought by the State of Texas that could impact your freedom though jail time or reporting probation.

The first question folks usually have following a DWI arrest is what type of impact a DWI will have on their driver’s license.   On a typical DWI 1st a person’s driver’s license could be suspended from 90 to 180 days depending on the facts the case.  If the license is suspended that person may be eligible for a occupational driver’s license that allows them to drive for up to 12 hours a day during the suspension period.

The second question folks have is what type of criminal penalties are they looking at.  Again, on a typical DWI 1st where a person’s blood alcohol concentration is below a .15, the penalty is a fine from $0 to $2,000 and from 72 hours to 180 days in jail (which may be probated).  If a person’s blood alcohol concentration is above a .15, the penalty is enhanced to a fine from $0 to $4,000 and from 72 hours to 1 year in jail (again, which may be probated).

As you can see a DWI case has a great many moving parts.  This is not the type of case you want to face without experienced DWI legal counsel.

bo@kalabuslaw.com

972-562-7549

214-402-4364 (24 hour jail release)

The client was pulled over for failing to signal a lane change in the early morning hours of the busy 4th of July weekend.  Once at the driver’s side window, the police officer smelled the odor of alcohol beverage, asked the client to step out of the vehicle, and began to administer field sobriety tests.  The client performed well on the tests, but consented to a blood test that revealed a .11 blood alcohol content–the legal limit in Texas is .08.  Seems like a certain conviction for the State of Texas right?

On the surface perhaps, but at trial following jury selection I urged a Motion to Suppress the vehicle stop because the police officer’s in-car video recording did not show my client’s vehicle at the time of the alleged no signal lane change due to a hill the vehicles were going over at the time–the client crested the hill in the middle lane and descended out of camera view; next, the police officer crests the hill and my client’s vehicle comes back into view and he’s in the right hand lane–we never see him change lanes and argued that neither could the police officer.   Following arguments, the judge granted the Motion.  With the reason for the stop now moot, the State of Texas dismissed the case against my client.

In the final analysis, this was a rushed decision to pull the client over.  The evidence at the hearing on the Motion to Suppress just did not support the reason for the vehicle stop and the case dismissed.  The client was relieved and very pleased with the result.

bo@kalabuslaw.com

972-562-7549

Collin County 24 hour jail release 214-402-4364

My client was arrested following a violent struggle with her ex-husband.  The client had gone over to her former residence to remove some belongings when a fight with her ex-husband ensued.  During the struggle my client was hit in the face and kicked in the back.  Breaking away from her ex-husband’s grasp she grabbed a broken piece from a plate to hold off him off.  As the struggle continued, she struck him in the chest and sliced open his hand in several places as he tried to grab the shard of plate out of her hand.  Police came and interviewed the ex-husband and my client.  Several days later, my client was arrested and later indicted for aggravated assault with a deadly weapon family violence–and facing from 2-10 years in jail (a 2nd degree felony).

The arrest sent shock waves through my client’s life–quite simply, life, as she had known it was over.  Within a few weeks she was fired from her teaching job and a letter of investigation was placed in her file making her unemployable as a teacher.  Furthermore, while case was pending her chances of retaining sole custody of her children was remote.

On the surface perhaps, this seems like an open and shut case of family violence for the State of Texas, or at best a risky trial for my client based on a theory of self-defense.  But as our investigation into the case facts progressed we were able to develop enough evidence and leverage to convince the District Attorney that my client was not the aggressor, but in fact the victim.

The case was pending for over six months, but after much negotiation, the State of Texas dismissed the case outright.  My client was much relieved and very pleased with the result.