Sentencing in federal criminal cases – whether they are a result of a plea or a verdict – are set by the judge. Character letters for a judge requesting a lower sentence for a defendant are a mainstay of federal criminal cases. This is because most federal judges limit the number live witnesses, but will receive and review almost any number of support or character letters. 

The Goal of a Character Letter 

A character letter to a judge should establish your credibility, paint a full picture of the defendant and be respectful, among other things. Here’s nine tips for writing the most persuasive character letter possible. 

Tip 1 for a Character Letter for a Judge: Establish Credibility 

First, it should inform the judge how the author of the letter knows the defendant. Use the first paragraph to build credibility and answer the following questions: 

1. How long have you known the person?
2. How did you come to know the person – professionally, family, as a community member, etc? 
3. If you know the person professionally, this is a good place to add your position or role that allowed you to get to know the defendant.

Tip 2 for a Character Letter for a Judge: Avoid Landmines 

The biggest mistake a letter writer can make is to either detract from the defendant’s acceptance of responsibility or the jury’s verdict. Avoid phrases like “this is not like him” or “he pleaded guilty to get a better sentence and not because he was guilty.” Instead, this paragraph should include something along the lines of:

1. I respect a jury has found _____ guilty of __________. I am writing to offer a more complete picture of who ________ is. 
2. I know ___________ has pleaded guilty to ___________. I am writing to offer a glimpse of who _____ is, and that is someone who is far more than the offense he/she pled guilty to. 

You can even add something along the lines of, “I know the Federal Sentencing Guidelines, although not mandatory, provide the court with recommendations, and I realize how significant the possible sentence could be. I hope that you will find ____’s life and work to warrant a low sentence.”

Tip 3 for a Character Letter for a Judge: Tell a Story

You have established how you know the defendant and you’ve expressed respect for the court and the sentencing process. Now comes the most important part: What are you going to tell the judge that will stand out in his or her mind? How do you convey that the defendant is much more than a “defendant?” The best way to do this is to tell a story about the defendant. Give specific examples. For example, instead of saying the defendant is generous and kind-hearted, give the judge an example of an instance when the defendant showed these attributes. Instead of saying the defendant is the sole provider for this family, give detailed examples of how the defendant legitimately provided for his family in the past.

Tip 4 for a Character Letter for a Judge: Paint the Full Picture

Always keep in mind the picture you are painting for the judge and use the character letters strategically to paint that picture completely. For example, consider using one family member, one professional connection, and one from a church or civic organization as a bare minimum. 

Tip 5 for a Character Letter to a Judge: Always Include Verifiable Information

Remember the judge will have judicial clerks who will have time to verify any letters the judge wishes to have verified. Always include an address block with your letter, in the following format:

Name 

Mailing Address 

Phone Number 

Email Address

Providing the court with your contact information will make the letter easily verifiable, should the court wish to do so. 

Tip 6 for a Character Letter to the Judge: Check with the Attorney 

Every court is going to have different filing requirements. All the letters should be sent to the defense attorney and not the court directly. Most courts will accept letters on 8.5 x 11 standard letter-sized paper. Most courts will accept copies of electronically delivered letters, but be sure to check with the attorney first. Remember that judges read hundreds of letters. The easier you make it for the judge to read, the most likely the judge will be able to focus on the message you are trying to convey. For most people, a typed letter is more legible than a handwritten one. You can always add a personal touch by delivering a letter with an ink signature on the letter – but remember some judges will only see the scanned electronic copy of the letter. Letters from young children are an exception – where the handwriting may actually make the letter more powerful – the judge will know the letter came directly from the child.

Tip 7 for a Character Letter to the Judge: How to Address the Judge 

You can address the judge to “The Honorable First Name Last Name” or “Judge First Name Last Name” or “Judge Last Name.” It is redundant to say “Honorable Judge” so use either “Judge” or “Honorable.” 

Tip 8 for a Character Letter to the Judge: Don’t Worry about the Reference Line or Court’s Address

While you can include identifiers like the Court’s address, the reference line, the case number etc, the reality is that all the letters should be delivered the defense attorney. The attorney, in turn, will make sure the letter get to the court and filed into the correct case. 

Tip 9 for a Character Letter to the Judge: Know Your Ask

Most federal defendants are not going to be eligible for probation. Check with the defense attorney before making statements like “nothing good can be accomplished by sending ______ to prison.” Instead, end your letter with the same credibility you built at the beginning of the letter by making a reasonable request – whether that is asking for a minimum sentence or even a sentence under the recommended guideline range.

Example Format for a Character Letter to the Judge

Curious how our attorneys can help you reach your goals in a federal criminal case? Call us today at (817) 203-2220.

The post Character Letter for a Judge: 9 Essential Tips for an Effective Letter appeared first on Varghese Summersett PLLC | Fort Worth Criminal Defense Attorneys.

Expunctions Texas

It goes without saying that any criminal arrest, charge or disposition, no matter how favorable, can adversely impact your future.  A criminal record may prevent you from getting into the college of your choice, applying for your dream job, or even closing a deal on a new house.  It is important to understand your options. Were you charged with a criminal offense that resulted in a dismissal, a completed pre-trial diversion program, a successfully disposed of deferred adjudication probation, or a reduction to a lesser offense?  If so, you may be eligible for an expunction or nondisclosure to ensure your criminal record is kept private. New laws passed in 2015 also entitle certain individuals who have been to jail or received probation.

Expunctions vs. Nondisclosures in Texas

An expunction order requires the destruction of all records of an offense, while a nondisclosure only prevents the Texas Department of Public Safety and other law enforcement agencies from releasing arrest and case information to anyone other than another law enforcement agency or certain specifically enumerated agencies.

If you are eligible for an expunction and follow all the proper procedures, an expunction must be granted in your case. However, if you are eligible for a nondisclosure and follow all the proper procedures, the judge has the discretion to grant or deny your petition for a nondisclosure.

How Long Does it Take to Get an Expunction or Nondisclosure Once You are Eligible?

Once a petition has been filed to have your record sealed or expunged, the court will address the petition. This may take anywhere from a couple of weeks to a couple of months. Occasionally, the judge will want to have a prove-up hearing which could further delay the process. Once an expunction or non-disclosure order is signed by a judge, you should expect for it to take four to six months before the records are completely sealed or expunged. Why the delay?  Texas DPS, the primary clearinghouse for criminal records, is at least four months behind in processing orders. These orders must also be processed by a number of private and public entities, which inevitably takes longer than you would expect.

Am I Eligible for an Expunction in Texas?

In Texas, Chapter 55 of the Code of Criminal Procedure allows for expunctions of certain criminal offenses. Categories of offenses that may be eligible for expunction include:

• Most felonies and misdemeanors that were dismissed outright;
• Cases where an individual was found not guilty at trial;
• Class C offenses that were dismissed after successful completion of deferred adjudication community supervision;
• Most misdemeanor and felony offenses where a person was arrested but never charged, if a required waiting period has passed;
• Convictions, including offenses where the individual did time or was on straight probation, if the offense has been pardoned; and
• Cases where the prosecutor recommends the case is expunged.

What if You are Found ‘Not Guilty’ on One of Multiple Charges?

Generally, if a person is arrested on multiple charges and at least one of the charges result in a conviction, the conviction will prevent an expunction of the underlying arrest. An opinion issued by the Court of Appeals in Dallas serves as a reminder that there are exceptions to this general premise in certain circumstances.

In Texas v. T.S.N., the defendant was arrested for two offenses from two different dates at the same time. The first of the two offenses was a misdemeanor theft charge. The second of the two offenses was an aggravated assault with a deadly weapon charge. The defendant pled guilty to theft and was convicted. The defendant pled not guilty to the assault charge and was acquitted.

The defendant filed a motion to expunge the record of the assault after being found not guilty. The prosecutor opposed the motion for expunction because the defendant was convicted for at least one of the offenses for which she was arrested. The trial court ruled in favor of the expunction and the State appealed the decision to allow the expunction.

The State’s argument, and one that is commonly made by prosecutors, is that Article 55.01 (the expunction statute) is an arrest-based statute and that records concerning one charge cannot be expunged absent a showing that both charges are eligible for expunction.

While it is true that 55.01(c) does not allow for expunctions after acquittal of one charge when the person was convicted for, or remains subject to prosecution for, an offense arising out of the same criminal episode, there is no such restriction if the offenses did not take place in the same criminal episode.

The Court of Appeals in Dallas examined the expunction statute closely and determined that a person who is acquitted for an offense is entitled to an expunction even if he was arrested for another offense at the same time and that offense resulted in a conviction, as long as the offense for which he was convicted did not arise out of the same criminal episode.

This case highlights the need to contact an expunction attorney if you believe you may be eligible for an expunction of your records. Second, for practicing attorneys it is important to seek findings of “not guilty” from judges or juries for counts or charges that do not arise out of the same criminal episode. Third, for practicing criminal defense attorneys, this case is an important reminder to pursue what you believe to be a proper reading of a statute even when the prosecution seems to have an analogous argument that has carried the day in other cases.

Video: What’s the Difference Between an Expunction and Nondisclosure in Texas?

Can I Deny an Offense if it was Expunged in Texas?

Once an expunction order is final, an individual may deny the existence of the arrest and the expunction on applications, including for employment, school or the military. The person may even deny in a civil proceeding under oath the arrest and the existence of the expunction order. Only in a criminal proceeding must a person acknowledge the expunction order by stating the matter has been expunged.

What is a Nondisclosure in Texas?

Government Code Subchapter F allows for individuals who have successfully completed deferred adjudication community supervision for Class B misdemeanors, Class A misdemeanors, or felony offenses to have their records sealed through an Order of Nondisclosure.

Am I eligible for an Order of Nondisclosure in Texas?

You may be eligible for an order of nondisclosure if you received a dismissal of your case after deferred adjudication of a Class A or Class B misdemeanor or a non-exempt felony offense. You cannot receive a nondisclosure if you picked up a new criminal offense (other than a ticket) after you received deferred adjudication on the offense you wish to have nondisclosed. You cannot receive a nondisclosure if you have ever been convicted of an exempted offense.

What Offenses are Exempted from Receiving Orders of Nondisclosure in Texas?

• Any offense requiring registration as a sex offender
• Aggravated Kidnapping
• Murder
• Capital Murder
• Injury to a Child, Elderly, or Disabled
• Abandoning or Endangering a Child
• Violations of Court Orders in Family Violence Cases
• Stalking
• Any family violence case

Can You Get a Nondisclosure after Straight Probation in Texas?

There are generally two kinds of Community Supervision in Texas. The first is “Straight Probation” and the second is “Deferred Adjudication.” The difference between Straight Probation and Deferred Adjudication is that there is a finding of guilt (in other words, a conviction) if you are placed on Straight Probation. There is no finding of guilt or a conviction if you are placed on Deferred Adjudication and successfully complete the terms of your community supervision.

Until recently, a person could not get a nondisclosure after Straight Probation in Texas, even if they successfully completed the terms of their Community Supervision. Under newly enacted Government Code Section 411.073, certain individuals who successfully completed misdemeanor Straight Probation for an offense that took place on or after September 1, 2015 may be able to get a nondisclosure of their criminal record – in other words, have their record sealed.

A nondisclosure in Texas is the legal mechanism used to seal a person’s criminal history so that no one other than law enforcement agencies or a state license agencies have access to the record. To obtain a nondisclosure, a petition for nondisclosure must be prepared and filed with the state. The state then has an opportunity to request a hearing. The court will determine if granting the nondisclosure is in the best interest of justice, and if so grant an order prohibiting the disclosure of the criminal record.

What are the Requirements for Getting a Nondisclosure after Straight Probation?

• The offense took place on or after September 1, 2015.
• The offense was not a DWI or other intoxication-related offense or engaging in organized crime.
• The defendant had not been convicted or placed on deferred adjudication for any offense other than a fine-only traffic violation after being sentenced on the misdemeanor for which the non-disclosure is being sought.
• The defendant must have successfully completed probation.
• The defendant cannot have been placed on convicted or placed on community supervision at any time for any offense other than a traffic offense that was punishable by a fine only.

What are the Waiting Periods?

There is a two-year waiting period for:

• Abuse of Corpse
• Advertising for Placement of a Child
• Assault
• Attack on Assistance Animal
• Certain Bond Violations in Family Violence Cases
• Cockfighting
• Cruelty to Animals
• Destruction of Flag
• Discharge of Firearm in Municipality having over 100,000
• Disorderly Conduct
• Disrupting Meeting or Procession
• Dogfighting
• Electronic Transmission of Certain Visual Material Depicting Minor
• Enticing a Child
• False Alarm or Report
• Funeral Service Disruption
• Harassment
• Harboring a Runaway
• Hoax Bombs
• Illumination of Aircraft by Intense Light (Laser)
• Indecent Exposure
• Interference with Emergency Call
• Making Firearm Accessible to Minor
• Obscene Display or Distribution
• Obstruction of a Highway
• Possession of a Prohibited Weapon
• Promotion of Prostitution
• Prostitution
• Public Lewdness
• Riot
• Sale, Distribution, or Display of Harmful Material to Minor
• Silent or Abusive 911 Calls
• Unlawful Carrying of a Weapon
• Unlawful Disclosure of Intimate Visual Material
• Unlawful Restraint
• Unlawful Transfer of Certain Weapons
• Voyeurism

Can I Deny a Prior Offense if it was Nondisclosed in Texas?

Generally, if you have an offense that has been nondisclosed, you are no longer required to disclose it. However, there are agencies for which nondisclosure orders do not apply.

What Agencies have Access to a Nondisclosed Offense?

• Law enforcement agencies
• State Board of Educator Certification
• School districts, charter schools, private schools, regional education service centers, commercial transportation companies, or education shared service arrangements;
• Texas State Board of Medical Examiners
• Texas School for the Blind and Visually Impaired;
• Texas Board of Law Examiners;
• State Bar of Texas;
• District court regarding a petition for name change
• Texas School for the Deaf;
• Department of Family and Protective Services;
• Texas Youth Commission;
• Department of Assistive and Rehabilitative Services;
• Department of State Health Services, a local mental health service, a local mental retardation authority, or a community center providing services to persons with mental illness or retardation;
• Texas Private Security Board;
• Municipal or volunteer fire department;
• Board of Nurse Examiners;
• Safehouse providing shelter to children in harmful situations
• Public or nonprofit hospital or hospital district;
• Texas Juvenile Probation Commission;
• Securities commissioner, the banking commissioner, the savings and loan commissioner, or the credit union commissioner;
• Texas State Board of Public Accountancy;
• Texas Department of Licensing and Regulation;
• Health and Human Services Commission; and
• Department of Aging and Disability Services.

What are the Waiting Periods for Filing Petitions of Nondisclosure?

• Second anniversary after dismissal and discharge for the following offenses:
  • Trafficking of persons,
  • Sexual offenses,
  • Assaultive offenses,
  • Offenses against the family,
  • Disorderly conduct, and
  • Weapons cases.
• Immediately after successful completion of probation for other misdemeanors.
• Five years after dismissal and discharge of felony offenses.

Was My Class C Offense Deferred or Was it a Conviction?

If the fine you paid was categorized as a fine, then it was a conviction. If it was categorized as a “special assessment,” then you received deferred adjudication. If you were charged in Texas and are interested in finding out if a Class C offense you paid for can be expunged, contact Varghese Summersett PLLC.

In Tarrant County, and in many other counties across the state, cases are sometimes reduced to Class C offenses. For example, let’s say you were arrested for Theft $50-500 but your case was ultimately disposed of as a Class C Theft under $50, after you paid a special assessment and you successfully completed your deferred term. Once you are done, your case is dismissed. However, a background check will still show that you were arrested for Theft $50-500. An expunction would remove the arrest from your record completely.

Can I Get a Record of a DWI Sealed?

If Texas, if you pled guilty or “no contest” to a DWI charge, the law only allows for two forms of punishment: jail time or straight probation.  A recent change in law allows for the nondisclosure of first-time DWIs.

Can you get DWI Expunctions in Texas?

As of September 1, 2017, Texas law allows for the retroactive nondisclosure, but not expunction, of first-time DWI cases.

My Case was Dismissed. Do I have a Criminal Record?

A common myth is that once your case is dismissed, it is no longer on your record. A criminal background check will still show your arrest. These records may affect a person’s ability to get a job, secure loans, or find a place to live. Arrests and dispositions get reported to the Texas Department of Public Safety. The information is then disseminated to third-party data services like publicdata.com. If your case has been dismissed for any reason, contact Varghese Summersett PLLC to see if your criminal record can be sealed.

I Received Deferred Adjudication. Do I have a Criminal Record?

Even if you successfully complete deferred adjudication community supervision and your case was dismissed (referred to as a DM13), it will still appear on your criminal record.  It is important that the court enter a finding of “Not Guilty” on the greater charge.  Then, you will need to call Varghese Summersett PLLC, about a non-disclosure order for arrest and disposition of the lesser charge.

Can I Get an Expunction if I have signed a Waiver of Expunction?

Individuals sometimes sign waivers of expunctions at the time of the plea. If you have signed a waiver of expunction, the road to getting an expunction becomes much more difficult. Still, there are often avenues for expunctions to be granted. It is important that you call an expunction attorney who is familiar with the expunction laws in Texas and the procedures for filing an expunction even in cases where a waiver of expunction was signed.

Contact Us

Varghese Summersett PLLC provides expunctions and nondisclosures for clients in Tarrant County, Dallas County, Denton County, Collin County, and Johnson County. Call 817-203-2220 today for a complimentary strategy session. You can also contact us online.

The post Expunctions Texas | Nondisclosures | Sealing Criminal Records (2018) appeared first on Varghese Summersett PLLC | Fort Worth Criminal Defense Attorneys.

The Court of Criminal Appeals handed down a decision this week that revisits the significance of furtive gestures in establishing probable cause. In Marcopoulos v. State, the Court ruled that quickly leaving a bar that was known drug establishment coupled with furtive movements once the officer initiated a traffic stop was not sufficient to establish probable cause to search the vehicle.

The Background

While surveilling a bar that was well-known narcotics spot, an undercover officer witnessed Andreas Marcopoulos enter the bar for less than five minutes and leave. Finding this suspicious, the undercover officer followed him and radioed for uniformed officers to follow Marcopoulos.

Officers observed Marcopoulos make “furtive gestures” around the center console of the vehicle and the uniformed officer initiated a traffic stop after Marcopoulos failed to signal a lane change. Marcopoulos was arrested for the traffic violation. His vehicle was searched based on probable cause stemming from the officers’ observations. Two baggies of cocaine were found near the center console. Officers found a third cocaine “baggie” in Marcopoulos’ wallet.

Automobile Exception to Search Warrants

Officers may search a vehicle based on the “automobile exception,” which in relevant part, provides that an officer needs probable cause to believe a vehicle contains contraband to conduct a warrantless stop. “Probable cause” is met when there is a “fair probability” of finding contraband or evidence during a search. In determining whether the probability is fair, courts consider factual and practical considerations of everyday life and take into account the totality of all surrounding circumstances.

Challenging the Search of the Vehicle

Marcopoulos filed a motion to suppress the baggies as evidence arguing they were derived from an improper search. The trial court denied the motion and Marcopoulos appealed. The intermediate appellate court upheld the search under the “automobile exception” to the Fourth Amendment warrant requirement, reasoning that Marcopoulos’ “repeated history of going to a place . . . known for selling narcotics, his uncommonly short time spent at a bar, and his furtive gestures when he noticed a patrol car behind him” were sufficient to create probable cause to search the vehicle.

Court of Criminal Appeals on Furtive Gestures

On December 20, 2017, the Texas Court of Criminal Appeals found the combination of Marcopoulos’ “furtive gestures” paired with his short amount of time spent at a bar known for narcotics activity, was not sufficient to create probable cause to search the vehicle. The Court held “furtive gestures” must be coupled with “suspicious circumstances” that link directly to criminal activity in order to establish probable cause. Neither officer witnessed Marcopoulos engage in a drug deal, possess drugs or paraphernalia, or pursue the purchase of drugs while visiting the bar. Additionally, neither officer could link Marcopoulos’ “furtive gestures” to drugs or paraphernalia before conducting the search. No baggies were seen until the search was conducted and neither officer noted additional indicators or evidence that would directly link Marcopoulos’ movements to drug possession. Further, his furtive gestures were not a response to being pulled over, but merely a response to police presence. Therefore, Marcopoulos’ furtive gestures could not be directly and linked to drug possession before officers conducted a search, and any evidence obtained from the improper search should have been suppressed by the trial court.

The post Court of Criminal Appeals on Furtive Gestures appeared first on Varghese Summersett PLLC | Fort Worth Criminal Defense Attorneys.

It’s no surprise that certain crimes spike around the holidays. Increased alcohol consumption, as well as financial and emotional stress, sometimes cause people to do things they wouldn’t ordinarily do. Like drink too much and then drive, or get into a fight with a loved one, or shoplift. Unfortunately, a poor decision now can have an impact long after the holidays are over. Here’s a look at five common holiday crimes that can turn Christmas cheer into holiday tears.

Driving While Intoxicated

During the holiday season, there is no shortage of celebrations and parties where libations flow freely. Police often step up DWI enforcement during this time of year, putting more officers on the roads and implementing No-Refusal programs. To be sure, police will be looking for any reason to stop motorists, like having a taillight out or failing to use a turn signal.

A DWI arrest or DUI can ruin an otherwise festive evening. It’s important to make a plan to get home safely before the festivities start. Lining up a DD, calling a cab, renting a hotel room, or contacting Uber, Lyft or SoberRides.org are all good options for those who plan to imbibe outside their home over the holidays. If you do get pulled over and have been drinking, remember your rights – including your right to remain silent and your right to refuse sobriety tests.

Shoplifting

When people can’t afford to buy their loved ones’ gifts or provide a special holiday meal, they sometimes resort to shoplifting. They may rationalize their actions by thinking taking a doll for Little Susie for Christmas is much different than, say, stealing a shirt for a party. Of course, there are also people who shoplift to fill some sort of emotional void or for the thrill of it. Regardless of the reason, it’s important to remember that retailers hire extra staff or security guards over the holiday season, which increases the shoplifter’s chance of getting caught. According to consumerist.com, the items people shoplift the most over the holidays include:

• Electronic accessories (like cellphone cases)
• Leather clothing
• Electronics
• Accessories
• Winter clothing
• Meat and seafood
• Alcohol
• Perfume and cologne
• Children’s Toys
• Gourmet Chocolate

If you are contemplating shoplifting, it’s important to keep in mind that you won’t be able to provide for or help your loved ones at all if you’re locked up. If you are struggling to provide for your family or friends over the holidays, there are a number of organizations that can help, such as the Salvation Army, the Goodfellow Fund and Toys For Tots.

Family Violence

Family gatherings can bring out the best in people, but they also may bring out bad memories or experiences that could lead to heated arguments and physical altercations between loved ones. Money problems and alcohol often exacerbate the situation. It is not uncommon for people to be arrested for getting into a physical confrontation with a family member over the holidays, such a child, spouse, or in-law. Oftentimes, when cooler heads prevail the next day, the alleged victim wants the charges dropped, but it’s not that easy. In fact, many prosecutor’s offices have a “no drop” police when it comes to cases alleging assault family violence.

It’s important to understand that allegations of family violence are incredibly serious even at the lowest levels, which can range from a Class C ticket all the way up to a first-degree felony. Try and keep stress in check during the holidays and avoiding “snapping” at others. Think before you speak or walk away if you feel your anger rising. Refrain or cut back on drinking.

Package Theft

You can’t turn on the news during the holidays without hearing of another incident of package theft. This seems to have become the crime du jour over the holidays. Swiping packages off porches or doorsteps is a crime of opportunity, but it can carry serious penalties – both at the state and federal level. For example, mail theft — taking a letter, a package delivered by mail carrier, or a package left in a designated area — could lead to a fine and confinement for up to five years in federal prison. These days, more porch pirates are getting caught and arrested due to the implementation of surveillance cameras and bait packages with GPS trackers.

Packages sitting on a door steps can be tempting, but think about the consequences of getting caught stealing. Spending the holidays in handcuffs is not fun, plus the amount you will likely pay to bond out of jail and hire an attorney to defend you is probably a lot more than the unknown contents of a box.

Burglary

Home and car burglaries typically increase during the holidays. Shopping bags or gifts left in vehicles can be tempting for an opportunistic thief. Likewise, a beautifully decorated tree in front of a window with presents all around attracts more than just children. Burglaries this time of year are often of the smash-and-grab variety. Burglary charges can be very serious – no matter what time of year – leading to steep fines and possible jail time. Not to mention, homeowners have the right to protect their property, including using deadly force. Many burglars have found out the hard way that the risk did not outweigh the reward.

Contact Us

If you or a loved one is arrested over the holiday season, contact an experienced lawyer as soon as possible. Our team of Fort Worth criminal defense attorneys have decades of experience and a proven track record of success. We can help you navigate this difficult time. Call today for a complimentary strategy session. During this call we will:

• Discuss the facts of your case;
• Discuss the legal issues involved, including the direct and collateral consequences of the allegation; and
• Discuss the defenses that apply to your plan and in general terms discuss our approach to your case.

Call: (817) 203-2220

You can also contact us online:

The post Five Common Holiday Crimes to Watch Out For appeared first on Varghese Summersett PLLC | Fort Worth Criminal Defense Attorneys.

Possession of marijuana, in any form, is still illegal in Texas. The “cite and release” legislation that was passed in 2007 does not eliminate the possibility of jail time as punishment. It merely gives officers the ability to cite a person — or give them a summons to appear in court at a later date — to resolve the charge against them.

Even though the cite and release law has been on the books for a decade, few Texas cities and counties have actually implemented cite and release programs — but the list is growing.

On Friday, Dallas officials will begin a cite and release program, encouraging officers to cite and release, rather than arrest, people in possession of less than four ounces of marijuana in most circumstances. Houston, Austin and San Antonio are among large cities with similar programs in place.

Cite and Release for Misdemeanor Marijuana Charges

Cite and release does not decriminalize marijuana possession. Individuals who receive a summons and are released at the scene for a marijuana charge could still end up behind bars. If convicted, the punishment range for any usable amount of marijuana begins at a Class B misdemeanor and goes up to a first-degree felony, based on the amount of marijuana the police find. This means for even the lowest level marijuana charge, jail time is still a possibility.

There are no “fine-only” or ticketable offenses for having a usable amount of marijuana, although possession of drug paraphernalia is a Class C misdemeanor.

Cite and Release in Texas

Citing and releasing individuals accused of certain misdemeanors, including marijuana possession, has been an option since September 1, 2007, when the Texas Code of Criminal Procedure Article 14.06 (c) allowed officers to use cite and release for individuals who:

1. lived in the county where the offense occurred
2. and is charged with:

• Possession of Marijuana under 2 Ounces (Class B)
• Possession of Marijuana between 2 and 4 Ounces (Class A)
• Possession of a Substance in Penalty Group 2-A under Two Ounces (Class B)
• Possession of a Substance in Penalty Group 2-A Two to Four Ounces (Class A)
• Criminal Mischief $100-750 (Class B)
• Graffiti $100-750 (Class B)
• Graffiti $750-2500 (Class A)
• Theft $100-750 (Class B)
• Theft $750-2500 (Class A)
• Theft of Services $100-750 (Class B)
• Theft of Services $750-2500 (Class A)
• Contraband in a Correctional Facility by an Employee or Volunteer
• Driving While License Invalid

Although the legislature has authorized cite and release for all the offenses listed above for a decade, individuals accused of these offenses continue to be arrested in most counties throughout the state. Individuals do not have a right to be cited and released – instead, the officer has the discretion to cite and release them. Additionally, even counties that have adopted cite and release policies largely focus on cite and release for misdemeanor amounts of marijuana.

Fiscally conservative counties, through the leadership of their elected district attorneys, cooperation of local law enforcement, and approval of county commissioners, have been embracing cite and release to better use the financial resources that are spent on booking, housing, and arraigning individuals charged with these offenses before the cases ever get to court. By taking advantage of this law, cities use their resources to house individuals charged with more serious crimes.

Again, cite and release does not reduce the possible sentence for any offense, including jail time. Cite and release is not available for any felony offense or for any violent offense. Possession of marijuana under two ounces is still punishable by up to 180 days in jail and up to a $2,000 fine. Possession of marijuana between two and four ounces is still punishable by up to one year in jail and a $4,000 fine.

This week, Dallas County joins the small, but growing, list of counties in Texas that have implemented cite and release policies. Other counties include Harris County, Travis County, and Bexar County. It will be interesting to see if cite and release continues to gain momentum in Texas.

Contact us

Call us at (817) 203-2220 for a complimentary strategy session. Our team of former prosecutors and Board Certified Criminal Lawyers are here to help. During this call we will:

• Discuss the facts of your case;
• Discuss the legal issues involved, including the direct and collateral consequences of the allegation; and
• Discuss the defenses that apply to your plan and in general terms discuss our approach to your case.

You can also contact us online:

The post What is Cite and Release? Cite and Release in Texas appeared first on Varghese Summersett PLLC | Fort Worth Criminal Defense Attorneys.