How will the Corona Virus (COVID-19) Pandemic Effect my Denton County Criminal Case?

The Covid-19 pandemic has certainly changed the way Courts are operating, and the length of time cases are taking to reach a close of any kind.

First, let’s talk about the “start” of a criminal case.  Before the Corona Virus pandemic, the average length of time for a misdemeanor in Denton County to be filed was about 3 to 5 months after arrest.  DWI’s took a bit longer, as there was usually breath and blood tests which had to be analyzed, and the average time for filing these cases was generally between 5 to 10 months.  Occasionally, a case would take over a year, but this was certainly the exception and not the rule.  So, for example, if a person was arrested in January for an Assault or Possession case, we would generally expect to see that case filed between April and June.  A DWI in January would generally be filed between June and October.  Again, these are rough estimates, and there were always exceptions, but this was a good general rule.

Beginning in March of this year, with the outbreak of Covid-19 and the closing of Courts, we are seeing MUCH longer waiting periods.  The 2-year Statute of Limitations (the time limit required to file a misdemeanor charge) is still applicable, but we’re seeing many cases come much closer to that limit.

The Courts have technically remained open throughout this pandemic, but their dockets, and the matters they are handling are extremely limited.  Because of this, there is a MAJOR backlog of cases in just about every courthouse and county throughout the country, including Denton.  In general, larger counties such as Dallas and Harris (Houston) are more affected than smaller ones, with less population.  But there is still a major “backup” in the system, affecting all counties, including Denton.

We’re often asked if this will result in better offers before trial.  Our answer is that it depends on the type of case and facts relating to the charge.  We’re definitely getting better offers is some circumstances, but the DA appears to be holding steady with charges such as DWI, and more serious felonies.  We’re not seeing much of a difference with these, but as with everything, each case is different, and issues which may not have mattered several months ago may result in your attorney being able to negotiate a better result on your behalf.  As far as our trial docket, most trial attorneys have a LOT of cases backed up and set for trial.  The question is when will they go forward.  The Supreme Court has issued an order stating that jury trials may not proceed before September, but it is our belief that we will not see a trial go forward before the end of the year.  One of the major reasons for this is the extreme difficulty that a county will have in summoning jurors for jury duty.  Many will simply refuse to come, and without enough to assemble a potential jury pool, conducting a trial is impossible.  Obviously, this will not be the case forever, but we highly doubt seeing trials go forward this year.  There is an option of filing a Motion for Speedy Trial, which can have both advantages and disadvantages.  People should discuss this option with their attorney, as the facts of the case will significantly affect any decisions which should be made.

As for now, if you have been arrested, understand that it will be some time before your case is actually “filed.”  We will stress that this does not mean people should wait to hire an attorney.  Because of these significant delays, hiring an attorney right after an arrest, before the case works it’s way into the system, can sometimes have advantages.  Your attorney may be able to work out better pre-filing plea-bargain deals should you not want to proceed to trial, and at the very least, the attorney will have more time to investigate your case and explore all defenses.  Some clients have expressed concern that if they hire us now and the case is not filed, they will have wasted their money.  This is not something that our clients need to be concerned with.  We include specific language in our contract that if the charge is not pursued by the state (filed), all or a majority of the fees paid will be refunded to the client.  Each case is different, and we’re available to discuss the details of this with anyone.  But people should not be hesitant to retain an attorney, as they will be protected if the case is not filed.  In addition, since cases are generally taking longer to dispose of (either through a plea-bargain deal or jury trial), we are usually able to offer longer payment plans than normal.  For many, this will allow them to hire an attorney that they otherwise would not have been able to afford.

Remember, every case is different. The information provided herein is only general information, and should not be construed as specific legal advice of any kind.  In addition, this information should not be construed as a substitution of legal counsel from a competent DWI attorney in your specific jurisdiction. 

Please feel free to contact us if you have specific questions or comments about a case in which you are involved.

Ross Law Offices, PC

940-230-2400

www.RossFirm.net

What is Pre-Trial Diversion in Denton County

Denton County has a program wherein a person may be eligible to have their charge Dismissed through a program called Pre-Trial Diversion. Pre-Trial Diversion (or “PTD” as it commonly referred) is the specific name of a probation-like diversionary program offered by the Denton County District Attorneys Office for certain individuals, and certain cases.

To be eligible, a person must not have criminal history of any kind (most Class C offenses and Juvenile matters will not affect the person’s eligibility), and must never have participated in a diversion-type program in any county before. Additionally, the alleged offense must be a “lower-level offense.” Generally, felonies and more serious misdemeanor charges will not be considered for the Pre-Trial Diversion program.

Advantages of the PTD program

The most important advantage of being submitted for, accepted, and completing the Denton County Pre-Trial Diversion program is that upon completion of the program, the charge will be officially Dismissed by the District Attorney. This will allow the person to then file for an Expunction and have all records relating to the arrest and charge permanently destroyed.

Who can and cannot Apply for the PTD program

Common charges wherein a person’s attorney may petition the Court for consideration into this program include:

– Possession of Marijuana

– Theft

– Criminal Mischief

– Criminal Trespass

– Prostitution

– Evading Arrest (on foot)

– Reckless Driving

Common examples of charges which will not be considered for PTD include:

– DWI

– Assault

– Weapons charges

– Delivery of Substance charges

– Most Felonies

** Please note that neither of these lists are in any way exhaustive, and there are always exceptions to the eligibility guidelines for this program. It is important to note that an attorney is required for consideration into this program, as the DA will not begin the application without counsel filing the proper paperwork and beginning the process. In addition, during the application and consideration process for PTD, there will be several steps where an attorney is necessary. An experienced defense attorney will walk a person through this process, and assist them at every step. They will assist the

person with the paperwork he or she must complete, and prepare and assist them for the interview which will be conducted by the probation department. It is important to have a local attorney who has dealt with the processes specific to Denton County in order to ensure everything runs as it should. Tony Ross and Ross Law Offices have extensive experience with the Pre-Trial Diversion program, and will ensure that every case which may be eligible for the program is handled appropriately. Our office is located across from the Courthouse in Denton, and we thoroughly know every step necessary to provide every advantage to the people we represent.

Remember, every case is different. The information provided herein is only general information, and should not be construed as specific legal advice of any kind. In addition, this information should not be construed as a substitution of legal counsel from a competent DWI attorney in your specific jurisdiction.

Please feel free to contact us if you have specific questions or comments about a case in which you are involved.

Ross Law Offices, PC

940-230-2400 www.RossFirm.net

Texas Ends Driver Responsibility Program

A recent article from the Dallas Observer highlighted the news that Texas Governor Greg Abott signed a bill putting the program to the sword Sept. 1, clearing the path for about 1.5 million Texans to regain their driver’s licenses by ending the Texas Driver Responsibility Program.

John Ross of Ross Law Offices said in a recent Facebook post

A horrible state surcharge program is finally over. This will stop the endless cycle of surcharges and suspensions for tens of thousands of Texas drivers every year. Everything from minor ticket surcharges to extremely excessive, DWI surcharges totaling several thousand dollars is being cut. Good job by Texas in ending this ridiculous money-grabbing scheme.

The program imposed surcharges on Texas drivers who did things like driving without a license or driving under the influence. The surcharges were imposed on top of standard fines and ranged from $250 per year for three years for driving with an invalid license to $2,000 per year for three years for a DWI in which the driver is caught with a blood alcohol level of 0.16 — twice the legal limit — or higher. Drivers who accumulated too many points on their licenses for moving violations or moving violations resulting in a crash were also subject to surcharges.

While the surcharges were nuisances to everyone who had to pay them, they amounted to financial quicksand for Texas’ most vulnerable residents. People would get a ticket and then keep accumulating fines, keeping their license suspended and making them vulnerable to additional tickets and fines.

The Driver Responsibility Program has forced thousands of Texans to pay for their liberty, which is no justice at all. Suspending someone’s license only further removes them from the workforce, leaving them without money to pay additional fees,” said Terri Burke, the executive director for the ACLU of Texas. “With partners across the state, the ACLU of Texas has worked for years to end this program. This is a major step in our quest to create a criminal justice system for Texas that is not only smarter but more just, particularly for those most affected by systemic hardship.”

Thanks to the program ending, more than 630,000 people will immediately be eligible to have their driver’s licenses reinstated, because they have no fees or suspensions that stem from something other than the DRP, according to the Texas ACLU. About 350,000 people will be able to get their licenses back after paying a reinstatement fee and a further 400,000 will be able to drive legally if they can resolve their non-DRP-related suspensions. Any remaining surcharges owed by drivers forced to enroll in the program will be wiped out on Sept. 1, the bill’s effective date.

Dumping the plan, which went into effect in 2003, also gets the state off a legal hook. Equal Justice Under Law, a civil rights advocacy group, sued the state to stop the program in December, alleging that it violated the U.S. Constitution’s Equal Protection clause by denying vulnerable Texans a vital credential.

“This unfair license suspension scheme particularly targets Texas’ most impoverished residents, who are often unaware additional charges are owed under the DRP,” Phil Telfeyan, the lead attorney in a lawsuit seeking to end the program and executive director of Equal Justice Under Law, said at the time. “Individuals who cannot pay will often lose their job and their home — becoming homeless — for a minor ticket that wealthier drivers simply pay and forget.”

Denton Motorcyclist Leads Police On Chase For Drug Crimes

Denton Motorcyclist Leads Police On Chase For Drug Crimes

Denton police found a man with marijuana, THC extract and a digital scale Sunday after the man crashed his motorcycle during a short pursuit near the intersection of West University Drive and Fulton Street, according to Denton police spokesman Bryan Cose.

THC (tetrahydrocannabinol) extract is a concentrated form of the chemical properties found in marijuana.

At about 3:50 a.m. Sunday, a patrol sergeant noticed the 20-year-old suspect’s motorcycle didn’t have a license plate. The motorcycle pulled into a gas station, so the officer pulled in to inquire about the missing plate, Cose said.

The man then got back on his motorcycle and rode eastbound on University Drive as the officer attempted to make a traffic stop. The officer stopped chasing the vehicle after the motorcycle reached a high rate of speed on West University Drive, Cose said.

When the rider attempted to make a U-turn on University at Fulton Street, he lost control and crashed, fleeing on foot. Cose said police caught up to the suspect and found the drugs.

The man was taken to Denton City Jail on charges of evading arrest with a vehicle, possession of a controlled substance and possession of marijuana.

Other reports

2000 block of Stockbridge Road — A 30-year-old woman attempted to stab her boyfriend with a knife Sunday as a neighbor tried to break up their fight, according to Denton police spokesman Bryan Cose.

He said police were called to the disturbance at about 11:30 p.m. Sunday. The man said the fight started because he came home late.

Cose said the neighbor was able to take the knife away from the woman before she grabbed a second knife. The neighbor was eventually able to talk the woman into putting the second knife down, Cose said.

She was arrested on a charge of aggravated assault with a deadly weapon, as well as several outstanding Denton police warrants.

West Congress and Carroll Boulevard — Denton police found a 22-year-old man in a drainage ditch on Sunday after the man fled from a stolen car involved in a hit-and-run crash, according to a police report.

Witnesses said two men fled from the scene of a hit-and-run around 5 p.m., and police later determined the vehicle they ran from was stolen, the report said.

One occupant was found in the nearby ditch, and he was taken to Denton City Jail on a charge of evading arrest. The man also had an outstanding speeding warrant.

600 block of Wainwright Street — Someone called police Sunday because a homeless man threw coffee on another homeless man near a downtown warehouse, the caller said.

Police spoke with the 39-year-old male victim around 9:30 a.m. and took a report. No arrests were made.

Click here to read the full article on Denton Record-Chronicle

__________________________________________________________

John Anthony Ross, Jr., or “Tony” as he is known among friends and colleagues, is a Top-Rated criminal defense attorney, who specializes solely in criminal defense law. This means that no matter how large or small your case may be, we have the knowledge and experience to help you.

Ross Law Offices is different from other firms. Each and every one of Mr. Ross’s clients is a top priority, and our primary goal is to give that client the time and attention they need and deserve. Once retained, you will be working directly with Mr. Ross. Mr. Ross personally handles every docket setting, court hearing, pre-trial motion, DA consultation, client status meeting, and any other aspect which may arise with your case, including jury trial. At Ross Law Offices, we believe that most prospective clients are seeking a truly qualified attorney who will take the time to devote the necessary effort and expertise to their case, no matter how large or small. When you work with our firm, you will not be working with an associate, intern, or assistant at any time. You will be working with Mr. Ross, directly. We encourage prospective clients to do their research before hiring an attorney. Meet with the attorney IN PERSON and ask questions. Speak with courthouse staff, other lawyers in the community, and our previous clients you may know. Review Mr. Ross’s AVVO rating of Superb (10 out of 10), and read our clients’ testimonials and reviews. Roughly 80% of the firm’s clients come from referrals and word-of-mouth advertising.

Contact us today. An initial consultation and assessment of your case is always free.

 

Denton Police Find 38 Pounds of Marijuana

Denton Police Find 38 Pounds of Marijuana In Home With Children

The parents of a child who was found unattended Wednesday morning were arrested after police found just more than 38 pounds of marijuana products in their home, according to the couple’s arrest affidavit.

Enrique Castillo, 26, and his girlfriend Regina Thomas, 28, both were charged with manufacture or delivery of a controlled substance greater than 400 grams.

Denton police initially were dispatched to a welfare concern call about 10:30 a.m. in the 3900 block of Redstone Drive. A neighbor found the couple’s child walking down the sidewalk with a pitbull-mix puppy, the affidavit said.

When police arrived, the child had soiled his diaper and wasn’t wearing shoes, police said.

Denton police eventually found the nearby home where the child lived and contacted the father, Castillo.

He told police he left the child alone to watch television when he went to the restroom for 15 minutes.

He said he didn’t know the child left the home. Police said they observed bruising on the child, which Castillo said was from the child playing.

He told police the child tends to fall.

During their investigation, Denton police saw a water pipe (bong) and a jar filled with what they believed to be marijuana on the living room table. The affidavit said the child easily could have reached the items if he were left alone in the area.

Police then called Child Protective Services and the child’s mother, Thomas.

Both Thomas and Castillo gave police permission to search their house, and police found what they described as a marijuana grow room in the home, along with at least eight jars filled with a combined 37 1/2 pounds of marijuana wax, the affidavit said.

Marijuana wax is a highly concentrated form of marijuana. It can have up to eight times more concentration of tetrahydrocannabinol (THC), which is the chemical compound in marijuana responsible for the euphoric high. It typically is the color of honey with a consistency of soft wax.

Police also found multiple bongs, nine cookies baked with marijuana wax in the kitchen and two rifles in the master bedroom. The marijuana originally found on the living room table weighed close to seven ounces, the affidavit said.

Thomas later admitted to making the cookies, the affidavit states.

Castillo claimed he ingests the marijuana wax nearly every day “to prevent cancer and other illnesses,” the affidavit said.

Child Protective Services took custody of the child and documented the incident. The couple were taken to Denton City Jail in lieu of a $20,000 bail for each suspect.

Other reports

3900 block of Monte Verde Way — An 18-year-old woman was arrested Wednesday after her 17-year-old girlfriend accused her of grabbing her arms, neck and legs to keep her from leaving a bedroom, Denton police spokesman Bryan Cose said.

Earlier in the day, an argument started over one of the females potentially cheating on the other, Cose said. As the woman tried to stop the younger girl from leaving the room, the girl hit her in the face to escape, police said.

The girl called police about 11 p.m., and the 18-year-old was taken to the Denton City Jail on charges of unlawful restraint and assault family violence. The 17-year-old had minor bumps, bruises and scratches, Cose said.

1200 block of West Oak Street — A 70-year-old man reported his wife for stealing credit cards and $150 from his wallet Wednesday because “he does not believe that his money is community property,” according to a police report.

The man said this is the second time his wife has stolen from him. He called police at 12:41 p.m., but no arrests were made.

Roundup

From 7 a.m. Wednesday to 7 a.m. Thursday:

Click here to read the full article on Denton Record-Chronicle

__________________________________________________________

John Anthony Ross, Jr., or “Tony” as he is known among friends and colleagues, is a Top-Rated criminal defense attorney, who specializes solely in criminal defense law. This means that no matter how large or small your case may be, we have the knowledge and experience to help you.

Ross Law Offices is different from other firms. Each and every one of Mr. Ross’s clients is a top priority, and our primary goal is to give that client the time and attention they need and deserve. Once retained, you will be working directly with Mr. Ross. Mr. Ross personally handles every docket setting, court hearing, pre-trial motion, DA consultation, client status meeting, and any other aspect which may arise with your case, including jury trial. At Ross Law Offices, we believe that most prospective clients are seeking a truly qualified attorney who will take the time to devote the necessary effort and expertise to their case, no matter how large or small. When you work with our firm, you will not be working with an associate, intern, or assistant at any time. You will be working with Mr. Ross, directly. We encourage prospective clients to do their research before hiring an attorney. Meet with the attorney IN PERSON and ask questions. Speak with courthouse staff, other lawyers in the community, and our previous clients you may know. Review Mr. Ross’s AVVO rating of Superb (10 out of 10), and read our clients’ testimonials and reviews. Roughly 80% of the firm’s clients come from referrals and word-of-mouth advertising.

Contact us today. An initial consultation and assessment of your case is always free.

 

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