Arrested? Now What?

If you've been arrested, you should: 

~ Remain silent: You have the right to remain silent until you have an attorney present.

~ Ask for a lawyer: You have the right to an attorney. You should call a criminal lawyer as soon as possible, before you talk to the police or are booked into jail. 

~ Don't resist: In most cases, you don't have the right to resist arrest. 

~ Don't volunteer information: Don't give any information to the police beyond your name, address, and phone number. 

~ Write down information: Try to remember or write down the arresting officer's name and badge number. 

~ Ask for a phone call: You have the right to make a local phone call. The police can't listen to a call to your lawyer, but they can listen to calls to anyone else. 

~ Don't consent to a search: You usually don't have to consent to a search. 

~ Don't give your phone passcode: You don't have to give your phone passcode to the police. 

As the threat of criminal prosecution and a lengthy license suspension hangs over your head, it can be difficult to know where to turn and whom to trust. If you’re charged with a criminal offense, I can help you through the legal process, from assessing evidence to representing you at trial. I will scrutinize your case’s specifics using my knowledge of local laws, aim to challenge the prosecution’s evidence, seek to minimize potential penalties, and protect your rights.

While your situation may seem dire, it is important to know that there is hope. If you have been charged with a criminal offense, I can advocate on your behalf and fight to reduce your charges, have them sealed, or, when possible, have them dismissed.

Following an arrest for a criminal charge, the defendant is taken to jail for processing. This process may include:

• Fingerprinting

• Mugshot

• Collecting personal information

• Inventory of personal belongings

• Medical evaluation

• Booking into a jail cell

This process may extend to, and occasionally exceed, 24 hours.

During this phase, the defendant will appear before a magistrate judge. The judge is responsible for setting bond amounts and other conditions of release. 

Court proceedings in a criminal case involve multiple steps, including:

• The arrest

• Booking

• Initial appearance

• Posting bond

• Administrative license suspension

• Pretrial motions

• Plea bargaining

• Trial

• Sentencing

Comprehending each step becomes significant.

These court sessions involve:

• Arraignment

• Motions-based pretrial proceedings

• Plea deals

• A jury trial

It’s important to realize that misdemeanor cases are typically managed through plea bargaining and involve less time for discovery and trial preparation. After being released from jail, it typically takes 8-10 months to resolve a criminal case.

A criminal defense lawyer has a significant role in your criminal case. Their responsibilities include:

• Assessing the specifics of your case

• Building a strong defense strategy

• Representing you in court proceedings to fight for your rights and seek the best possible outcome.

When evaluating a case, criminal defense lawyers review the details and evidence, understand the charges against the defendant, and identify any procedural errors or questionable evidence that could be challenged. This process plays a key role in constructing a solid defense, which includes thoroughly examining the evidence, and ensuring that your rights were upheld during the police investigation.

A criminal defense lawyer evaluates your case by considering various factors such as the circumstances surrounding the arrest, the investigation, and other evidence to be presented in court. 

Early case assessment is significant as it allows for a thorough evaluation of legal liability and potential costs at the outset of the case. It aids in comprehending all facets of the litigation and can aid in preventing reoffending and managing addiction or dependence. Criminal defense lawyers also take into account factors such as the attorney’s experience, practice areas, reputation, and legal costs when evaluating a case.

Constructing a solid defense in a criminal case demands a comprehensive understanding of the law and meticulous attention to detail. A criminal defense lawyer can contest the credibility of evidence by:

• Revealing contradictions within witness testimony

• Scrutinizing the narrative for discrepancies between claims and facts

• Analyzing data for errors and biases

Furthermore, a criminal defense lawyer can utilize typical errors made by police officers in criminal cases, such as improper reasons for stopping a driver, errors in the arrest process, and failures in obtaining a search warrant. These issues are often subject to litigation and can substantially impact the result of a case.

In court proceedings, a criminal defense lawyer:

• Advocates on behalf of the client

• Presents the defense’s case

• Cross-examines witnesses

• Argues legal points

The ultimate goal is to achieve a dismissal or reduction of charges and minimize potential penalties.

The specific duties of a criminal defense lawyer in the context of court proceedings encompass:

• Representing and advising clients facing criminal charges

• Ensuring the integrity of the trial process

• Possessing a comprehensive understanding of the charges and pertinent legal statutes

• Pinpointing vulnerabilities in the prosecution’s case

• Formulating defense strategies to advocate for the client.

Contesting evidence and safeguarding your rights are key aspects of a criminal defense. This involves confronting all witnesses and challenging all evidence presented in the case.

Established police protocols during an arrest involve the transportation of individuals to the local jail or police station, their booking, and placement in a holding cell until the initial hearing.

However, the police can make mistakes. Typical breaches during an arrest encompass:

• Not adhering to established procedures

• Violations of search and seizure rights

Failure to adhere to proper procedures during an arrest may result in the court excluding the collected evidence, which could potentially lead to the dismissal of the charges.

Plea bargaining in the context of criminal cases involves a negotiated agreement between the prosecution and the defense to settle a criminal case without proceeding to trial. The potential advantages of this process may include mitigated penalties, such as decreased fines and reduced incarceration, or a downgraded charge to a lesser offense, which can prevent a conviction from being recorded on one’s criminal history.

A criminal defense lawyer can offer assistance in plea bargaining through negotiation with the prosecution to secure a plea bargain agreement, which may lead to decreased penalties for the defendant. They may present mitigating evidence, contest the prosecution’s case, or emphasize legal errors and procedural matters to impact a favorable plea bargain result.

Alternative sentencing options such as probation or community service may be available in your case, depending on the specifics of your case and the court’s discretion. Probation is a substitute sentencing option in criminal cases that encompasses community supervision, enabling individuals convicted of a criminal offense to fulfill their sentence outside of incarceration.

I hold the belief that client communication and support form key elements of a successful criminal defense. This includes providing you direct attorney access and ongoing support and guidance throughout the entire legal process.

As my client, you can expect the following benefits:

• Direct access to me, not an intern

• Clear and effective communication throughout the legal process

• Timely exchange of information

• Addressing concerns or questions promptly

Having direct access to an attorney in a criminal case ensures effective communication and a smoother legal process.

Having direct access to your attorney is key in amassing all the necessary information and evidence to build a solid defense strategy, tailor-made to the specifics of your case.

I believe in providing ongoing support and guidance throughout the entire legal process and treating my clients with respect and care. Ongoing support from a criminal defense lawyer involves managing the specifics of your case and coordinating essential services like substance abuse therapy, mental health counseling, and educational classes.

How I Can Help You:

Being charged with a criminal offense in Texas can be a stressful and life-altering experience. However, understanding the legal process, knowing your rights, having a competent criminal defense lawyer, and being aware of potential penalties and alternative sentencing options can make the process less daunting and help you navigate this challenging situation more effectively.

When you hire me, I will appraise your case, construct a solid defense, and advocate for your rights in court. I have substantial litigation experience, having successfully conducted over 100 jury trials in various cases. This impressive track record is a key factor in my strong reputation in criminal defense cases.

I treat my clients with respect and care and make them feel like part of my family. I fight hard against prosecutors on behalf of my clients. 

I understand that good people sometimes find themselves in difficult circumstances. Do not make the mistake of leaving your future in the care of an inexperienced public defender. Let me put my experience and vast legal knowledge to work for you so that you can achieve much-needed peace of mind during this uncertain time.

Call me at 210-971-4888 or contact me online to get started. Initial consultations are always free.