<h3><a href="FAQ.shtml">Criminal Law</a></h3>

DWI

Remember when you are being investigated or questioned by a law enforcement agency relating to a possible criminal charge, REMEMBER.

The law enforcement agency may not have enough evidence to charge you with a crime, and they hope that during their interview of you that you will by "cooperating" with them give them the evidence albeit unwittingly that they need to charge you with a crime.

If you are contacted by a law enforcement agency that "want to chat with you about such and such" remember they are seeking answers for their own reasons, not for the purposes of proving you "didn't" commit a crime.

With the rare exception, except in the presence of a search warrant, you may refuse the law enforcement officers permission to search you, your home or other premises, and you may refuse to talk with them. If in doubt, advise the officers immediately that you desire to speak with legal counsel before any further questioning or search, or discussion is completed.

Questions that frequently arise in the course of criminal issues.

1. What if I am arrested?

   Perhaps of the most humiliating experiences possible for anyone is the experience of being placed in handcuffs and transported to jail. Despite this shock to your personality, remain calm, and polite, and immediately state that you desire to speak with an attorney and that no matter what the police say or do you do not intend to waive that right.

    

2. The issue of "Reading you your rights" i.e. "Miranda"

    

   A criminal suspect is required to be read the "Miranda" rights, that being a certain notice to you of your right to remain silent and to consult with an attorney. Many people will ask what is the effect on the states case "if" the officer fails to read you the required statement. That area of law is ever evolving. Therefore the essential thought to remember as an accused, is "SPEAK LITTLE OR NOTHING", the "LESS SAID THE BETTER". Seek legal counsel and allow them to "DO THE TALKING".

    

3. When is a lawyer needed in a criminal issue?

    

   Immediately or as soon as you know or even suspect you are being investigated or accused of a crime. The retention of a lawyer as soon as you know you are being investigated allows the attorney to become involved from the beginning, insuring the preservation of your rights and potentially heading off the charges before any are filed or presented to a Grand Jury.

    

4. What is "BAIL" or "BOND"?

    

   In most crimes you will have the right to "bail". The court will set a bail amount which can be satisfied in one of two methods, a) the defendant or someone else posting a cash amount equal to the bail with the clerk of the court to "guarantee" your return for court or b) the bail is for the defendant or someone on his behalf to secures a "bond". In this process, a persons arranges through a bail bonding service to post "bond" to insure the defendants return to court. The bail if its seems to be excessively high can be requested to be lowered but there is no guarantee that the court will or must do that.

    

5. What punishment can I expect?

    

   Crimes in Texas are classified as Misdemeanor or Felony. Within each of those classifications there are sub classes. For instance:

   Class C Misdemeanor may subject the defendant to up to a $500.00 fine with no jail time.

   Class B Misdemeanor may subject the defendant to up to 180 days in jail and or up to a $2,000.00 fine.

   Class A Misdemeanor may subject the defendant up to ONE Year in the county jail, and or up to a $4,000.00 fine.

   If the defendant has prior crimes of misdemeanor or felony classification the punishments listed can be enhanced, that is the fines increased, and the jail time increased.

   Felony Crimes

   State Jail Felony committed while using or exhibiting a deadly weapon after 8/31/94 can result in between two and ten years confinement in prison with an optional fine imposed of up to $10,000.00.

   State Jail Felony committed after 8/31/94 and not involving the use or exhibition of a deadly weapon can result in between 180 days and two years confinement in a state jail facility with an optional $10,000.00 fine.

   Third Degree Felony committed after 8/31/94 can result in between two and ten years confinement in prison and an optional fine of up to $10,000.00.

   Third Degree Felony committed after 8/31/89 but before 9/1/94 can result in from two to ten years in prison or up to 1 year in a community correctional facility with an optional fine of up to $10,000.00.

   Third Degree Felony committed before 9/1/89 may result in confinement in prison from two to ten years and an optional fine of up to $5,000.00.

   Second Degree Felony may result in confinement from two to twenty years in prison and an optional fine of up to $10,000.00.

   First Degree Felony may result in confinement for life or from five to ninety nine years and an optional fine of up to $10,000.00.

   Capital Felony may result in life in prison or the imposition of a sentence of death.

   Felony Crimes in Texas have multiple and complex issues regarding the enhancement of the punishment that would serve to increase the punishment. It would be impossible to cover all the possible combinations of enhanced punishments herein and if you are facing a felony charge and you have committed prior criminal acts, consult an attorney immediately to determine the potential enhancements.

    

6. Can I get Probation?

    

   In some cases if the crime is not of a serious nature, and the defendant is a first time offender, the defendant may be eligible for probation. Probation is classified into two categories, "deferred adjudication" and what is loosely referred to as "straight probation".

    

7. What is "Deferred Adjudication"?

    

   In some cases, if the defendant has not committed prior criminal acts, the defendant may be eligible for the charges to resolve pursuant to a procedure known as "deferred adjudication". In this process, there is imposessome probation terms, generally probation for set period of time, a community service requirement, and a fine and potentially other conditions. Provided the defendant satisfies all the requirements of the probation, then the charges are dismissed. Under this procedure, if the charges are dismissed pursuant to completion of a deferred adjudication procedure, the defendant may honestly state they have never been "convicted" of a crime. The defendant's criminal record will show for the remainder of their life that they were arrested and charged but that there was no final conviction.

    

8. What is a "straight probation"?

    

   If a defendant serves a straight probation, as it is sometimes referred to, the defendant has plead guilty to the charges, and was placed on probation similar to the terms of a deferred adjudication but with significant differences. In the case of a straight probation, the defendant is found guilty of the offense and that guilt will show on their record for the remainder of their life.

    

9. Can a probation be revoked?

    

   A probation whether it is subject to a deferred adjudication procedure or a straight probation, can be revoked. If a defendant fails to complete the terms of their probation, the state can move to revoke the probation.

    

10. What is the effect if the probation is revoked?

     

    If a probation is revoked the effect is distinctly different whether the person was on probation pursuant to a deferred adjudication or on a straight probation.

    In the case of revocation of a probation pursuant to a deferred adjudication, the person is brought before the court and the court may impose at that time a sentence of any range or amount that is within the limits of that type of crime. Therefore the risk if a defendant violates the terms of a deferred adjudication probation are extremely high.

    In the case of revocation of a probation that is a "straight probation" where the defendant pleads guilty, the court upon revocation of that probation can only impose confinement for the remaining term of the probation.   Back To Practice Areas