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What are common outcomes in this type of criminal
defense case:
- My first step is to review the file and investigate
your case to determine if there are grounds
for dismissal or if the facts appear favorable
for a trial.
- The first alternative to a trial is called
deferred adjudication. Under a deferred agreement,
you will generally serve a period of community
supervision with community service and a fine.
After the term has ended and the conditions
completed, the case will be dismissed.
- Finally there is the straight plea that could
involve probation, fines or jail time.
WE WILL WORK TOGETHER TO DETERMINE
THE BEST OPTION FOR YOU
BASED ON THE FACTS OF THE CASE AND YOUR PARTICULAR
NEEDS
DWI:
- You have fifteen days (15) from the date of
arrest to protect your driver's license.
- A DWI conviction will cost you $3000 ($1000
x 3 years) in DPS surcharges in order to keep
your driver's license.
- A DWI conviction stays on your record and
a second DWI conviction requires mandatory jail
time, whether it is 20 days or 20 years after
the first conviction.
Sex Crimes:
- I highly recommend that you contact a defense
attorney as soon as any allegation or claim
of sexual assault against an adult or child
is made against you.
- These are serious charges and they usually
take time to investigate and resolve. It is
important that you find an attorney who is easy
to communicate with and one who understands
the additional pressures this type of allegation
puts on your life.
- After finding an attorney you're comfortable
with, refer all law enforcement agencies to
your attorney. DO NOT TALK TO THEM ALONE
Someone I know has been arrested, what should
we do?
The first thing to do is work on getting the
individual released from jail as soon as possible.
The second important thing to consider is the
individual should protect their rights by not
making any statements to anyone, except their
attorney.
Once They Read Me My Rights, Can They Still
Ask Me Questions?
Once you've "lawyered up," as the police
say, they can only ask you questions if you voluntarily
waive the right to have your attorney present
for any questioning.
If I've been accused of DWI, should I take
the breath test or attempt the Field Sobriety
Tests?
If you've had anything to drink, even if you believe
you are sober, I recommend that you refuse to
take the breath test or perform the Field Sobriety
Tests. Your driver's license may be suspended
for refusing the breath test, but I believe you
will be protecting yourself from inaccurate equipment
and subjective analysis under the FST.
What Is Bail And How Is It Set?
Bail is allowed in virtually all cases, including
felonies. The amount of bail is set by the judge.
Its sole legal purpose is to guarantee the defendant's
appearance in court for later proceedings. Your
bond amount is set at the Probable Cause hearing.
Appear at all hearings. If you have any doubt,
go to Court so a new warrant is not issued for
your arrest for failing to appear.
If you fail to appear, your bail will be forfeited
and a new warrant will be issued for your arrest.
For traffic citations, officers at the jail may
be able to accept bail. If you cannot post or
put up the bail, you will be kept in custody.
The judge is required to consider not only the
seriousness of the offense charged against the
defendant, but also the defendant's ability to
raise money to make bail, in setting the amount.
Bail may not be set so high as to punish a defendant
by keeping him in jail pending his trial.
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