Were you arrested or charged with a crime in McKinney, Texas? If so, you need an experienced McKinney criminal defense lawyer from Rosenthal Kalabus & Therrian to help you with your case. Getting arrested can completely change your life and negatively impact your relationships. Whether you’re facing charges for DWI, assault, or prostitution, you can depend on our experienced legal team to build a solid defense and work hard to get your charges reduced or dropped.
If we have to go to trial, we’ll use our skills and resources to aggressively argue our case in court and convince the jury that we’re innocent beyond a reasonable doubt. Our McKinney criminal defense attorneys believe in pursuing justice for our clients. Everyone is innocent until proven guilty, and we want to ensure you receive fair treatment throughout your case. To find out how a criminal defense attorney in McKinney can help, call (972) 369-0577 for a consultation.
Our Practice Areas
We can successfully represent clients charged with a variety of misdemeanor and criminal offenses, such as:
- Assault/aggravated assault
- CPS cases
- Domestic violence
- Drug offenses
- DWI/alcohol offenses
- Expunction
- Federal firearms violations
- Injury to a child/family violence
- Juvenile law
- Marijuana possession
- Nondisclosures
- Probation violations
- Sex crimes
- Theft/Burglary
- White collar crimes
- Sentence appeals
Why Choose Rosenthal Kalabus & Therrian?
At Rosenthal Kalabus & Therrian, our McKinney criminal defense attorneys have experience in crimes ranging from misdemeanors to felonies. Some of the legal professionals at our firm previously worked as prosecutors. Our knowledge and experience of arguments made on the prosecution’s side can help us develop the best defense for your case.
We know you’re feeling overwhelmed with the possibility of going to jail. You don’t want to lose your job, disappoint your family, and live the rest of your life with a tarnished reputation. Being wrongfully accused of a serious crime is unfair. We will investigate the circumstances surrounding your arrest and law enforcement’s collection of evidence to find unjust practices that might dismiss your case.
We don’t want to see you suffer the consequences of a crime you didn’t commit. It’s up to the prosecutors to prove to the jury that you committed the offense beyond a reasonable doubt. It will be up to us to raise doubt among the jurors by contradicting the opposing side’s physical evidence, witness testimony, and arguments.
We respect the criminal justice system and all individuals arrested, charged, and convicted people responsible for committing an unlawful act. Our McKinney criminal defense attorneys want to ensure everyone involved is honest and treats you fairly. You deserve to tell your side of the story so the wrong person doesn’t go to jail.
What Should I Do If I’m Arrested?
Even those arrested for a crime have rights, and it’s up to the police to preserve your rights during the arrest and interrogation. Any violation of those rights could result in the court dismissing the charges against you. You should and shouldn’t do certain things after a cop arrests you.
- Don’t say anything. If you get arrested, you have the right to remain silent, and you should. Don’t try to convince the arresting officer that you’re innocent. You could end up saying something that makes your situation worse. If you’re innocent, you might make a statement that could get twisted and used against you later. If you’re guilty, you could implicate yourself in the crime. The only statement you should make is that you want to speak to a lawyer.
- Be respectful. The people in law enforcement have a job to do. If they catch you committing a crime or believe you committed a crime, they will arrest you. Don’t make a scene. Stay quiet, be respectful, and don’t try to resist the arrest or run away.
- Don’t allow a search. When a police officer arrests you, they’re allowed to perform a limited search of the area where they arrested you if they don’t have a search warrant. If they come to your home without a search warrant, they can look for accomplices and seize any visible evidence of a crime in the immediate area where the arrest took place. They’re not allowed to perform a more thorough search without a warrant. If a cop pulls you over while driving and arrests you, they can search for weapons or anything that could harm them. However, they can’t perform a general search of your car unless there’s probable cause that contraband or evidence of a crime exists.
- Stay calm. A lot of people will panic when an officer places them in handcuffs. It’s crucial that you remain calm and don’t let your emotions influence your actions. If you become aggressive with the arresting officer or try to run away, that could lead to additional charges against you.
- Hire a McKinney criminal defense attorney. Even if you don’t already have an attorney, you have the right to one. You can contact one once you say you want to speak with a lawyer. If you can’t afford one, let the officer know that you want a public defender provided for you. Once you retain an attorney, they should be there when law enforcement questions you.
What’s the Difference Between a Misdemeanor and a Felony?
If you commit a non-violent offense in Texas, you will typically get charged with a misdemeanor. A non-violent crime is an illegal act that doesn’t result in bodily harm to another person. Different offenses receive different punishments that range from a small fine to time in jail.
There are three misdemeanor charges classifications: class A, class B, and class C. The penalties you face depend on the class of your offense. Under Texas law, the various charges considered to be a misdemeanor include:
- DWI (first and second offense)
- Prostitution
- Minor drug possession
- Theft
- Assault
- Unlawful possession of a weapon
- Carjacking
- Indecent exposure
For some, the sentence can range from a few days behind bars to several months or a year. Others can plea for a more lenient punishment, such as probation or community service.
If law enforcement charges you with a felony in Texas, the penalties become more serious. Felonies involve violent or illegal acts that lead to injury, financial harm, or death to a victim or multiple victims. The penalties that come with a felony conviction are typically expensive fines and time served in federal prison.
Some of the charges considered to be a felony include:
- Rape
- Aggravated robbery
- Manslaughter
- Sexual assault
- Child sex trafficking
- DWI (third offense)
- Solicitation of a minor
- Possession of child pornography
- Drug possession over a specific amount
What Happens During a Criminal Defense Trial?
During your arraignment, which is the first appearance of a judge, you will plead to the charges against you. Our McKinney criminal defense attorneys will advise you to plead not guilty. This will allow Rosenthal Kalabus & Therrian plenty of time to prepare your case for trial. At the time of your plea, the judge will set bail and schedule your next court appearance.
We will work to convince prosecutors to drop or reduce your charges
We will then meet with the prosecutor to discuss the case. During this meeting, we will try to show why the charges against you are unlawful. If the facts about the prosecution’s arguments are weak, we can use that to leverage a plea deal. We might be able to agree to a lesser charge or reduced sentence. If we can’t reach a plea agreement or believe the case against you is weak, we will proceed with trial proceedings.
Our attorneys will be by your side every step of the way
Depending on the crime and details relevant to the case, the trial phase could last just a couple of months or up to a couple of years. The McKinney criminal defense attorneys from Rosenthal Kalabus & Therrian will carefully select jurors, gather evidence that proves your innocence, and provide a solid alibi for your whereabouts during the crime.
While we’re preparing our side, the prosecutor will also prepare their side. They will gather video surveillance, witness testimony, forensic results, and other evidence to show the jury that you’re guilty.
Once both sides finish presenting all their evidence in court and make closing arguments, the jury will need to deliberate and decide whose side they believe. When they reach a unanimous verdict, they will announce whether or not they find you guilty. The judge will sentence you based on federal or state guidelines set for certain convictions. They will also consider your criminal background, the severity of the crime, and other various factors.
Appeals and Post-Conviction Relief After a Criminal Trial
A conviction is not the end of your criminal case, as Texas offers numerous appeals and post-conviction relief options. Our team has extensive experience on both sides of criminal trials and can assist with appealing a wrongful conviction.
Appeals Process Explained:
Mistakes in a trial can lead to unfair outcomes. If you believe an error occurred during your trial, an appeal is the way to challenge this. However, remember that appeals are based on errors made during a trial. You cannot retry the basic facts of your case.
After the verdict, you have 30 days to file a notice of appeal, making swift action crucial. Once you file the appeal, you and your attorney can present evidence of any errors to an appellate court.
Navigating Post-Conviction Relief:
Beyond direct appeals, you can also pursue post-conviction relief. This path addresses rights violations or errors in the trial affecting the verdict. One form is the writ of habeas corpus, which allows you to highlight issues like ineffective counsel or new evidence. Additionally, defendants can use motions to highlight trial errors or to adjust sentences that might breach legal limits.
The Power of Expert Representation:
The Rosenthal Kalabus & Therrian team shines in appeals and post-conviction cases. By thoroughly reviewing evidence and trial records, we can work to identify errors or unearth new evidence that could alter your case’s outcome.
In short, a seasoned criminal defense attorney can be your beacon of hope if you’ve suffered an unjust conviction. With expertise in appeals and post-conviction avenues, they’ll navigate the intricate legal processes to pursue the justice you deserve.
Speak to a McKinney Criminal Defense Attorney Today
If you or your loved one need a lawyer to help with the charges brought against you in McKinney, you should contact us immediately for a confidential consultation. One of our dedicated attorneys will meet with you to discuss your case and explain the legal road ahead. We will let you know your options and advise your best decision.
You deserve legal representation while you’re facing misdemeanor or felony charges. You won’t be alone in this fight with a criminal defense lawyer in McKinney on your side. We will work diligently and efficiently to find holes in the prosecutor’s case so the result is a not-guilty verdict.
Don’t let the fate of your future rest in the hands of an overworked and underpaid public defender. We can provide the one-on-one attention you deserve. You’ll be our top priority when you hire us, and we won’t back down until we get the charges against you reduced or dropped. Call us at (972) 369-0577 to schedule your consultation, and let us help you protect your rights, freedom, and reputation.
McKinney Criminal Defense Resources
McKinney Police Department
2200 Taylor-Burk Dr.
McKinney, TX 75071
(972) 547-2700
https://www.mckinneytexas.org/166/Police
Collin County Sheriff’s Office
4300 Community Ave.
McKinney, TX 75071
(972) 547-5100
http://www.collincountytx.gov/sheriff