FAQs

We recommend that you have a lawyer for all major decisions you make in your life and with criminal defense, where your freedom is at stake, hiring a lawyer is paramount. Even before an indictment comes back from a grand jury, we recommend you takeevery step to protect your freedom. Never make a statement to a law enforcement agency without a lawyer. Never go in “just to talk”. If you even have to ask the question “Do I need a lawyer” the answer is you probably do need a lawyer.

Everyone is innocent until proven guilty, however, if you know that you did the alleged crime then all is not lost. A lawyer may be able to get the case dismissed due to many legal technicalities, through a suppression of evidence hearing or an examining trial. If there aren't any legal technicalities for dismissal, a lawyer will construct a legal defense on your behalf, or negotiate a better plea deal due to the bargaining power that comes with strong legal representation. In essence, always hire a lawyer.

An indictment, known as an information if the alleged crime is a misdemeanor, is a charging instrument that alleges there is enough probable cause that the defendant may be guilty of the alleged offense

We see this often in movies and television shows when the suspect is told they have to be read their rights, however, Miranda warnings, also known as “my rights” are to be read before they interrogate someone who is in custody. Statements made before you are read your rights may be suppressed, volunteered statements or excited utterances may still be used against you, but the entire case will not be automatically dismissed.

Police can generally search under 2 different situations when the search is incident to an arrest or through a search warrant. Incident to arrest means that police can search your person and what is generally in your surrounding area or under your care, custody, and control at the time of arrest. A search warrant allows law enforcement to generally search only what is in the scope of the warrant itself, but if something is in plain view during the search it may still be used as admissible evidence. 

Plain view is paraphernalia or an object that is not concealed, obstructed, or can be seen with reasonable means.

Yes, a car that was legally impounded and towed is subject to be searched by police. However, police can not impound a vehicle for the sole reason to search the vehicle without a warrant.

Each case is different and there is no set time frame for any case. Criminal cases can remain open anywhere between a few months to a few years. The availability of evidence, lab reports, depositions, witness availability, plea offers, co-defendants etc. are all factors that can affect the duration of a case.

The majority of criminal cases do not go to trial due to a myriad of factors. The charges may be dropped, dismissed, reduced, or a plea agreement is reached. In the state court, upwards of 90% of cases do not make it to trial.

If you received a dismissal, a not guilty, or successfully completed a deferred probation you can get your record sealed. If you were arrested and never charged you may also need to seal your arrest record, as arrests may also show up on an employer background check.

No. do not speak with police without having first consulted with an attorney. Even if you are innocent, the police can take what you say out of context or even worse, you may make a mistake because you are nervous and now you are charged despite your innocence. The police can lie, trick, and manipulate you into a confession, so do not ever talk to police alone.

A misdemeanor is a less serious crime and comes with less severe punishment and fines. A misdemeanor can not exceed a year in county jail, however, a punishment for a felony can be upwards of the death penalty or life imprisonment.

Class A misdemeanors are punishable by up to one year in jail, a fine of up to $4,000, or both jail time and a fine

Class B misdemeanors are punishable by up to 180 days in jail, a fine of as much as $2,000, or both

Class C misdemeanors are punishable by a fine of up to $500. There is no jail time for a Class C misdemeanor.

- State Jail felonies are punishable by up to 2 years in county jail, and a fine of up to $10,000

- 3rd Degree Felonies are punishable by serving 2 to 10 years in the Texas Department of Criminal Justice, and a fine of up to $10,000

- 2nd Degree Felonies are punishable by serving 2 to 20 years in the Texas Department of Criminal Justice, and a fine of up to $10,000

- 1st Degree Felonies are punishable by serving 5 to 99 years in the Texas Department of Criminal Justice, and a fine of up to $10,000

- Capital Felonies are punishable by death or serving life in prison without the possibility of parole or death.

America is built on a federalist system in that the United States Government can make and enforce laws, while each individual state can make and enforce its own laws as long as they are not repugnant to law of the United States Government. A crime is generally federally linked if it involves interstate transactions, if the crime happens on federal property, or if the crime involves federal funding such as Medicaid.

• Arrest
• Arraignment
• Preliminary Hearings
• Preliminary court settings
• Trial
• Sentencing
• Appeal

The first thing you do is hire an attorney. An attorney can advise you on the types of bonds you can make and in some cases even have the warrant pulled. Contact an attorney immediately, and do not let a warrant interfere with your freedom and finances.