In criminal court proceedings, defendants must knowingly and voluntarily waive their constitutional rights (including right to jury trial, right to cross-examine witnesses, and right to remain silent) when entering a plea bargain, and must understand that plea agreements may include immigration consequences for non-citizens; courts then consider factors like deferred adjudication applications, no-contact orders, and community supervision requirements when determining sentences, with deferred adjudication potentially allowing defendants to avoid a formal conviction if they successfully complete probation conditions.
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Courtroom Shock: Lawyer Under Protective Order From Own Client?Added:
All right, you're charged with a terroristic threat of a public servant or placing the public in fear of serious bodily injury as a third-degree felony.
Range of punishment is anywhere from two to 10 years in prison and up to the $10,000 fine. If you have a plea with the state, the court does not have to follow your plea. If for any reason the court does not follow your plea and gives you more than you bargained for, the fact that you entered a plea will not be used against you and you will be allowed to withdraw your plea. Did you understand? I do.
You have a right to jury trial, a right for you or your attorney to cross-examine and confront any witnesses the state would call and the right to remain silent. Did you understand by entering this plea you are giving up those rights? I do. Did you intend to give up those rights and enter into a plea in this case? I do. Did you understand that the court were to grant your application for deferred adjudication? If for any reason your deferred adjudication were revoked, the court could find you guilty and sentence you up to 10 years in the prison and up to a $10,000 fine. I understand.
Counsel, has your client been able to provide you with any defenses? He has.
Do you believe he has a rational as well as a factual understanding of the charges against him? I do, Judge. Do you believe he's currently competent was legally sane at the time of the offense?
I do. Mr. Allen, has anyone threatened you, coerced you, or placed you in fear to get you to enter the plea? No. No.
>> Has anyone promised you anything other than the plea?
No. Are you satisfied with the way you've been represented? Yes, I have.
Are you a US citizen? I'm sorry, not a US citizen. That's not allowed to be asked anymore. Did you understand by entering this plea you could, if you're not a citizen, you could be deported, not allowed to reenter the United States, or denied naturalization. Did you understand? I do. Court will find that defendant has knowingly and voluntarily waived his right to jury trial. Did you review the plea bargain page with your attorney?
Did you understand it? I did. According to the plea, punishment is to be assessed at 3 years in the prison.
There's a $2,000 fine. State is silent on your application for deferred adjudication.
Uh the state recommends community supervision. Did you understand that to be the plea? I do. Defense? Yes, that's true. State? Yes, ma'am. Did you review the waiver of appeal paragraph with your attorney? Did you understand it and sign it in both places? I did. Did you understand by signing that you're waiving your right to appeal? The only items that can be appealed are written pretrial motions that have been filed, heard, and ruled upon by the court. Did you understand? I do understand. The counts, I believe we Have we had any pretrial motions?
Uh we did have some pretrial motions uh previously in this case, and they've been disposed of. All right.
Outside the agreement, the state is recommending that you community supervision before a term of 5 years.
There'll be a TAP evaluation, 200 hours community service restitution, no contact with Charles Ireland or Mark Medley. Did you understand those are recommendations from the state, and the court does not have to follow those recommendations? I understand. Then to the offenses charged, how do you plead?
Guilty, not guilty, or no contest? No contest. State, any evidence? Yes, Your Honor. State tenders what has been marked State's Exhibit 1 and all attachments.
All right. Did you review the Any objections?
Uh I have no objections to those Those pieces, Judge. Mr. Allen, did you review the waiver and stipulations with your attorney? Did you understand it and sign it in all the appropriate places? I did, Your Honor. Again, did you understand you have a right to jury trial, a right for you or your attorney to cross-examine and confront any witnesses the state will call, and your right to remain silent? I understand.
Did you understand that today the state would be presenting evidence in the form of witnesses, statements, and police reports, but most importantly, there'll be no live testimony. Did you understand? I do.
Court will find that defendant has knowingly and voluntarily waived and consented to stipulation of testimony and stipulations. Court will accept into evidence State's Exhibits 1 and attachments. Court will find there is sufficient evidence to find you guilty.
The court will defer finding of guilt unless you've applied for deferred adjudication. Are you proceeding with sentencing?
Yes, Judge. All right. Anything you wish to say on behalf of your client? Yes, Judge. Uh last night I uh I electronically filed a sentencing memorandum.
Um I think it's been accepted by the court and I wanted to provide it to you along with the attachments. All right.
Any objections to the court reviewing that?
Okay.
All right. Yes.
And so, Judge, um as you can see, um essentially what's uh primary reason and the desire for Mr. Allen is that he uh be able to continue with supervised access to his son, Aiden.
Um as you can see in in the attachments there, um the civil trial court uh did uh understand that Mr. Allen would have supervised access to his son both in San Antonio as well as North Texas.
Um additionally, we do know that on the 22nd we received a letter from Thomas Lovelace, an update letter regarding bond conditions.
Uh that letter uh also attached have the uh Center for Healthcare Services uh finding that they had met with Ronald Allen to complete an intake for mental health services and that he hadn't met criteria for qualifying mental health diagnoses at that time.
The the largest thing that matters the most to Mr. Allen and his family is that uh that his GPS permit him to be monitored. That's fine if if that's what the court desires, uh but he would like to be able to move freely about the state uh to be able to uh see his son from time to time, attend his father's services, and help his mother maintain his father's properties.
Um And so, that is the primary thing. We totally agree with no contact with either Michael Ireland or or Mark Medley. That's That's new to me. Uh but we He's fine He's staying away from that man, too. Uh, based upon the judge's notes that you presented to the court, those are people that are listed under the protective order.
And there's a third person, it appears Well, there are two other people it appears to be either this is Gallegos and then they have Ramirez. And Ramirez is listed as the amicus attorney.
>> Okay, Judge. Those are not Those are other litigants that were also in the judge's notes. Ms. Gallegos is actually here in the court and she's the custody lawyer for Mr. Allen.
>> saying, based the judge's notes that you gave me, they have these people listed underneath protective order.
Uh, Judge, I don't think that's accurate at all. I think that's being misread right now because I mean, that's the only way I can read it because and the reason why I'm saying that's the only way I can read it is because it lists Medley, it says protective order, and then indented right underneath, it says M.
Medley, which is the state has outside this room and they're asking for a no contact order with that person, with Charles Ireland, and then they have someone by the name of Gallegos and Ramirez.
Right. And >> And then right after it says that it has protective order, then right after it mentions those three names, then again it says two year protective order granted as to I believe that's the mother of the >> mother's name. Yes, Mrs. Allen. Yes. But But the There is no protective order granted in that order regarding Mark Medley, regarding any of those people.
The only one that has a protective order granted against is the mother of the child that we're we're talking about here. Ms. Gallegos is here and she hasn't asked for a protective order and we know that the amicus doesn't have a protective order, either. Okay, so this is what I'm going to do.
Uh, I've taken your plea.
And if somebody can tender to the court whatever the orders are on the civil side, I'll review those because those judges notes that were handed to me appear that there's a no contact order. And I think you want to have those Right.
Exactly. You know, know for sure whether it is or not because otherwise you may be violating orders over there.
>> Absolutely. Absolutely. Black and white.
So, what we're going to do is uh I've taken your plea.
If you all are waving PSI, won't set it for a PSI. We'll just come back when I'm back. I'm going to be gone the first week of September because I have to go to a judicial conference. Have to keep up my educational courses.
And then the second week I have jury duty and I can't have other people go to jury duty and sacrifice their work, but I'm not willing to do the same. So, I have jury duty that week.
So, it'll have to be the third week in September and that'll give everybody a chance and perhaps a chance for you to speak with the state with regards to all the names that they have listed outside the agreement cuz they have Medley listed as a no contact person, too. Well, and and absolutely and and we understand that Mr. Medley called and asked for that kind of could be added to this order.
Um, that's that's my understanding from my discussions and my review of the state's file.
Um, but you know, I I think the the reason you see this line that says protective order plus merits uh is because that is what this the topic of the entire um and what you're seeing here is actually the litigants that are um are the attorneys representing each of these litigants. The best way to discover what that's what that means is Yes. the judge. I just have one one request.
We have services for my father in September, I mean September 5th. And I'm on the >> Go to the services. Yes, thank you.
Thank you, absolutely.
>> Oh, but here's the thing about going to those services.
And and state I've overstepped my bounds. Do you have any objections to his going to his father's services?
All right. So, what your attorney will need to do is I will print here a page with an order, and I will do the style, and you all need to write down your agreement. Okay. Okay. All right?
>> Absolutely, thank you. So, you're welcome. So, Ms. Ferguson Yes.
when can we bring this back, and when it come back, I will need specifically what what the judge is saying on the civil side. Yes.
>> So, that this could a little bit be in harmony. Absolutely, I agree.
Um I can do the 16th.
All right, the 16th. Is that enough time for you counsel to have everything ready?
Uh yes, of course, Judge. Um And and and I want you to know that uh the the the civil court is waiting for the outcome of this case All right. in order to make their orders. And that's that's one of the reasons Ms. Gallegos is here. She >> All right, Ms. Gallegos, if we can go off the record. Ms. Gallegos, if you'll come up. All right. Hello, how are you doing? Good to see you. Haven't seen you.
>> Good to see you. Uh so, anyway, it appears the documentation that I've received that has the judge's notes >> Mhm. the the way it's written, it appears that you're a part of the protective order. Um Bentley is a part of the protective order. So, if I if the court can get crap clarification from the judge Okay. on that side about who is really included in the protective order, and what they are doing with the visitation, that would be greatly appreciated. Okay, we have a conference call um next week, and then we will be looking to get it entered. We are hoping to obviously view it as soon as possible. And we will try to meet your deadline of the 16th.
And I'll let the other attorneys know if not um Do we need to I send an email to Mr. Ortiz? No, I mean so just I'll just need that information before the 16th. So if you all can get the judge to if you all want to you can have the judge email me. Say this is who's a part of the protective order or if there's a document Can you pass me that sheet of paper? Or if there's a document that tells me uh this is the part of protective order because the way the judge's notes are written it's so Okay.
Oh, you know what? I'm sorry. I need to add this.
So normally on the civil side Mr. Medley is first because he's the petitioner. My regard is me. I represented the respondent and then Anna Ramirez was the amicus. And then it goes The reason why I I say that is because in the plea bargain agreement even though it's outside their plea bargain agreement Medley is mentioned. I'm sorry. Can I have that printout one more time? Oh, I don't know. So that's why I need clarification because the way that's written in the judge's notes as you can see it has a title protective order. Then it has a list of three people. Then underneath that list then it comes back with a two-year protective order. So it seems as though those are the people that he has a protective order against.
So I would prefer that he know. I would prefer that I know and probation knows.
So I'm going to say those two-year protective order granted as to Mrs. L.
Yeah.
But above it it says protective order.
So if you all will fill in the dates for him please.
And what you all have agreed on as far as his ability to go to his father's services. So that sheet of paper if you can just put in the agreed times where he can travel for his father's services.
Okay, I'll do that now. All right. And if you all will confirm that, and then we will come back. Norma, you said the 16th? Yes, ma'am.
All right, so we'll come back on September 16th, and at that time, I will enter my order.
And we're back on the record, Cindy.
And counsel, it's the court's understanding you're waiving PSI and TAP evaluation. I would. All right, so thank you. Thank you, judge. All right, thank you. Thanks so much. I appreciate it.
And thank you for dressing appropriately for court.
>> Absolutely, absolutely.
>> All right, and you're not excused until you sign the reset form, okay?
Absolutely, thank you.
>> Thank you, judge. All right, thank you.
Perfect.
This is for sentencing, correct?
Yes, judge. Uh, we were here previously when there was some ambiguity regarding uh a protective order that had not been entered Mhm.
uh with the civil court.
And now we have a copy of that protective order.
I'll step Tiffany Allen.
All right, state, have you had a chance to review that?
Copy as well. All right, so the court is calling uh 2025 CR007563, state versus Ronald Lamar Allen. Can I have parties announced for the record?
State.
Ronald W. Fisher for the case.
And you are Mr. Allen? Yes, I'm Ronald Allen. All right, so you entered a plea.
Uh both parties agreed to waive the PSI report according to the plea.
Um the state was silent on your application for deferred adjudication.
The court did request from the state, does he have any other priors?
All right, so um court understands that sometimes custody issues divorce issues can be very chaotic and emotional.
Uh what I'm going to tell you, Mr. Allen, is I can grant your application for deferred adjudication.
And I've told you this before, but I want you to internalize what I'm saying.
If, for some reason, I grant your application for deferred adjudication and a motion to revoke for were filed, if everything were determined to be true, you could potentially go to prison for 10 years.
If I were not to grant your application for deferred adjudication and follow the state's request that your punishment be assessed at 3 years with a length of 5 years, if for any reason a motion to revoke for file were filed, you would be limited to 3 years in the prison.
So, this is up to you.
Do you want deferred adjudication or do you want a felony conviction? Deferred.
All right. So, I'm going to grant his application for deferred adjudication.
The term deferred adjudication is going to be for 5 years.
There's going to be regular reporting by Zoom or in person.
Regular random UAs.
Proof of employment within 30 days.
No employment as a home health care provider or with minors.
There's going to be 200 hours of community supervision restitution. I'm going to order parenting classes.
Once that's completed, the court will deem the community service hours satisfied.
Now, with regards to uh the no contact order.
So, state, you requested a no contact with Charles Ireland, and I believe that's his former attorney. Yes, judge.
All right. So, there will be a no contact order with Charles Ireland. If your attorney has any type of paperwork uh or documents and you wish to have those documents, you'll need to have your new attorney reach out to them to obtain those documents. You are not to make contact with that attorney. You're not to go to that attorney's office. Do you understand? Absolutely. And then, uh, Mark Mentley, who is Mark Mentley?
He is the attorney of her, Tiffany Allen.
So, we had discussed judge that we had originally asked for no contact order.
However, in the PO itself, it asked that Mr. Mentley be the the the broker between communication. So, we would just ask that the side of the court, if they're willing to honor, I'm sorry, excuse me, order no harmful or injurious contact.
What I'm going to order is I'm going to order there's to be no contact with Tiffany Allen or Mark Mentley outside of legal communications.
So, your contact with Tiffany Allen is to be through her attorney and no one else. Do you understand? Absolutely.
So, and I'm sorry, let me change that.
And and the reason why I say no contact with Tiffany Allen outside of legal, um, contact is because if you have a court hearing, and it's on the civil side, I'm sure she's going to be there.
So, if it's your contact with Tiffany Allen can only be with court hearings or mediations. Do you understand?
So, um, there's to be no contact with Tiffany Allen uh, outside of legal hearings.
And for the court, legal hearings mean court hearings, mediations, and then there is to be no contact with Mark Mentley outside of legal hearings as well.
So, with Mark Metley, you can email him as long as it's uh for legal reasons. Do you understand? Right, but yeah. Okay.
Now, is there any other no contact orders that's being requested?
Yes, ma'am.
Right. So, his his communication with Tiffany Allen is limited to through his attorney. Either through his attorney and they have a co-parenting app that they use. Yes, either through his attorney or through Mark Metley or in court. And then, State, do you have any objections to him having contact with her through the app? No, your honor. Through the parenting app?
Okay. And I'll add uh probation and also he can contact her through the parenting app.
And are you in Bexar County? Yes.
There's going to be field visits one time per month until further notice.
And there is going to be anger management.
Uh probation, is there anything else?
State, is there anything else?
All right. And there will be a $2,000 fine and that will be probated. Is there anything else you need from the court in order to be successful?
No, ma'am.
Counsel?
Judge, uh one question for me. Uh will Mr. Allen be free to move about the state um in light of these uh home visits because they do have a property in Rockport and he does have an upcoming upcoming funeral services that we handed to the court hearing. Well, with regards to funeral services, as previously said, you know, and I believe I filed a motion I mean I signed an order, he's allowed to go to funeral services, but outside of that, if he's planning on leaving the county, he'll need to request that from probation and I'll review it and see if it's appropriate.
And just confirm with the state on anything that is unrelated to his going to the funeral service, which I've already ruled upon.
All right, did you review the trial court certification of defendant's rights to appeal with your attorney? Did you understand it and sign it?
Yes. All right, because this is a plea bargain agreement, because I filed at your plea bargain agreement and because you waived your right to appeal, you do not have the court's permission to appeal. Do you understand? Yes, sir. All right, we can go off the record. So, here on out, everything that you do, you need to ask yourself, could this potentially result in me going to prison for 10 years? If the answer is yes, don't do it. If the answer is maybe, don't do it. If you have a question about a condition and you're unsure whether or not you're going to be violating it, pick up the phone and call your probation officer, okay? Um I'm wearing a GPS monitor. When does that uh take not take effect? I mean, uh What will end up happening with regards to your GPS monitor, I'm going to see how you do on that. Uh probation.
With the GPS monitor.
State, do you still want him on GPS?
Uh your honor, I understand he's had no violations as of October 23rd.
Probation, do you want him to continue on GPS?
Yes, being that there's no violation, no.
All right, so this is what the court is going to order.
The court will order removal of his GPS by Friday. You'll need to notify all the persons who have the no contact order that the GPS is going to be removed on Friday.
And if there's a violation, then it's not going to be removed. You understand? Yes, sir. All right, thank you.
Judge, I I'm sorry. I have one last thing. Uh uh we did previously sign an order regarding uh funeral services on September 30th. Mhm. Uh the uh client has informed me and his family has informed me that there's a typo in that and I've conferred with the state.
I filed a motion uh to amend the agreed order and the state agrees that we can change that uh from the 30th to the 20th.
All right.
Thank you, thank you, Judge.
>> and you need to give a copy of that to probation.
>> I will.
All right, is there anything else?
No, Judge. Thank you. All right, thank you.
Thank you, Judge. You're welcome.
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