A dismissal means the prosecutor has “dropped the charges.” However, the arrest for the allegation is still on your criminal record. An expunction takes everything off your record as if the incident never occurred.
A criminal record may only be expunged under two scenarios: a dismissal or an acquittal (found not guilty). If you plead guilty to a criminal allegation, you cannot get an expunction.
In criminal court, you must always be present and on time or your bond will be forfeited and a warrant will be issued for your arrest. Both the attorney and client must be present in criminal court.
In civil court, folks fight over contracts and money. In criminal court, we are defending folks’ freedom and liberty.
Communications made between the attorney and client in the presence of ONLY the attorney and client are confidential and private.
You should expect your attorney to lay out a defense strategy, obtain all the State’s evidence, go over the evidence with you, guide you with recommendations as to how to counter the State’s evidence and stick by your side.
Lawyers should not belittle you. Our firm philosophy is that we are all on the same team. Loyalty goes a long way.
“He who represents himself has a fool for a client.” -Abraham Lincoln
Anyone may represent themselves, but I highly discourage it. There is a reason a lawyer must spend three intense years in school plus pass a three day exam to become licensed to practice law and that only gets a lawyer to a place where they may start earning experience and making connections. The RIGHT lawyer will benefit you in ways you may have never considered. You get what you pay for.
A client is more helpful in assisting in the defense of his/her case if she is on bond. I tell family members to get the client on bond and then come see me immediately.
While anyone may post a cash bond, I prefer to use a reputable bonding company to get someone out of jail. Call your lawyer for a recommendation if you do not know where to start.
Expunction is available for cases that were either DISMISSED or where the accused was found NOT GUILTY. Until a record is expunged, it still shows the arrest, charge and outcome.
If someone successfully completed a DEFERRED ADJUDICATION probation, there is a tool for getting that removed from the accused’s PUBLIC record, but the Government will always know about the charge. This is different from an expunction where it’s as if it never, ever happened. This is accomplished through a PETITION FOR NON-DISCLOSURE.
For juveniles, folks think their record is automatically sealed when they turn 17 or 18. NOT TRUE. Juveniles MUST go back and SEAL their records to keep it from affecting their futures.
“A person of interest” is a fancy way to say “suspect.” If you become a “person of interest,” call a criminal defense lawyer immediately.
Misdemeanors may be punishable up to 1 year in the county jail, whereas felonies may be punishable up to life in prison or even death in capital cases. Some folks may be eligible for a form of probation in lieu of incarceration.
A felony conviction strips citizens of some privileges and rights such as owning firearms or the ability to vote.
Misdemeanors classified as “crimes of moral turpitude” carry far-reaching consequences such as the inability to sit on a jury or obtain Government licensing such as becoming a real estate agent, certified public accountant (CPA) or even leasing an apartment. Crimes of moral turpitude include theft and prostitution.
Most cases do not go to trial. However, it’s important to have a trial lawyer who is prepared and willing to take your case to trial. A borderline case may be dismissed on the eve of trial if the prosecutor knows the defense attorney has a reputation for taking cases to trial and the prosecutor is not confident the case will get beyond a reasonable doubt at trial. After all, who wants to lose?
If there is no defense and the evidence is stacked against the defendant, the defense and the prosecution may work out a “plea bargain” or agreed punishment that is not only a win/win for both parties and eliminate the need for trial.
Reasonable doubt is not defined by law. It’s individual to each person. However, if parties are fighting over money, the jury would have to believe the evidence by a “preponderance of evidence” or 51% – a tipping of the justice scales – in order to award one of the parties. If the Government wants to terminate a parent’s rights to their child(ren), the jury would have to believe the evidence is “clear and convincing evidence.” When liberty and justice are at stake, the proof must be even greater than that required to terminate a parent’s rights. The evidence must be proven beyond a reasonable doubt. If the Government were trying to take your parental rights from you, how sure would you want them to be about the evidence against you? …and beyond a reasonable doubt is even higher than that.
It is always best to consult an attorney prior to engaging with law enforcement. You may delay meeting with law enforcement to consult with a lawyer first.
If a jury returns a guilty verdict, the Defendant may appeal the case. However, the appellate court reviews the trial court’s legal rulings to ensure the defendant was given a fair trial, but the appellate court does not use the facts of the case at trial to overturn a conviction.
Double jeopardy means a defendant cannot be tried twice for the same offense. Jeopardy attaches once a jury is selected and the jury has taken its oath.
Force should be used in only the minimum amount needed to achieve a legitimate purpose. Police brutality is a direct violation of the laws within the police force. The use of excessive force is also a direct violation of the Fifth and Fourteenth Amendments of the U.S Constitution regarding cruelty and protection of the laws.
Despite what is seen on television, the Miranda rights only come into play during a custodial interrogation. If a defendant is in custody and being questioned by law enforcement, the defendant should have been told his/her rights – Miranda rights.
This year a new law came into effect entitled the Michael Morton Act. This Act provides that the prosecuting attorney must turn over all of the State’s evidence to the defendant and his/her attorney. At our firm, once we have received all of the State’s evidence, we like to bring our clients into the office and go over the evidence with the client as we discuss our defense strategy going forward.
The laws of the State of Texas are uniform from county to county. However, the practices of each county vary. It is always a great idea to have counsel who works on a regular basis in the county in which you are charged. Our lead attorney, JL Carpenter-Rambin, is a former prosecutor from Galveston County, with a strong criminal defense practice in Harris County and reputable professional relationships in Brazoria and Fort Bend Counties.
If you ask for a lawyer but the officer continues to question you, any admissions or evidence obtained after requesting a lawyer may not be admissible at trial.
There are various standards or burdens of proof in the justice system. Probable cause is the lowest burden. An officer only has to meet the burden of proof of probable cause to make a warrantless arrest or to obtain a warrant. This standard is much different than that of the prosecutor’s at trial, which is beyond a reasonable doubt.
Perjury is intentionally lying while under oath.
Obstruction of justice is intentionally interfering with the investigation or prosecution of a suspect/defendant.
The role of the jury in a criminal trial is to listen to all of the evidence and make a unanimous decision as to the guilt or innocence of the defendant. The jury is the trier of fact. The judge rules on the law.
Fundamentally, there is no difference in assault and battery. The difference is the legal term used in each jurisdiction. In Texas, the term used is “Assault.”
Indecency with a Child occurs if a person, with a child younger than 17 years of age, whether the child is of the same or opposite sex, the person:
In a criminal case, the spouse of the accused has a privilege not to be called as a witness for the state. This rule does not prohibit the spouse from testifying voluntarily for the state, even over objection by the accused. A spouse who testifies on behalf of an accused is subject to cross-examination.
A spouse may execute and sign an “Affidavit of Non-Prosecution” putting the prosecuting attorney on notice that the spouse does not want to go forward, but the prosecuting attorney may still proceed in prosecution if the Government has evidence the allegation occurred without the testimony of the spouse.
Call a local and reputable bonding company.
A Sexual Assault of a Child Charge is aggravated when:
Yes. It is an affirmative defense to prosecution if the actor was not more than three years older than the victim and of the opposite sex and if the actor did not use duress, force, or a threat against the victim at the time of the offense;
Retain counsel. Let your attorney speak to law enforcement.
Hire a lawyer to represent you in this matter.
Yes. If the pornography was obtained by the internet or through the mail, federal law governs. If strictly obtained in state not by internet or mail, Texas law governs. In either case, possession of child pornography is a violation of the law.
Retain counsel to represent you in this matter.
There are limited scenarios when one may be permitted to deregister. Seek the advice of an attorney to ascertain if this is applicable to you.
A Financial Responsibility Insurance Certificate (SR-22) is a type of motor vehicle liability insurance. An SR-22 can be issued by most insurance providers and certifies that an individual has the minimum liability insurance as required by law. An insurance provider will automatically notify the Texas Department of Public Safety (DPS) when an SR-22 is cancelled, terminated or lapses.
For more information on getting and SR-22 visit http://www.spartansr22.com
DUI is Driving Under the Influence and relates to citizens under the legal drinking age of 21.
Driving While Intoxicated – operating a motor vehicle in a public place while intoxicated.
Intoxicated means having loss the normal use of your mental and/or physical faculties – the question be-comes, what is normal for you? An officer forms a subjective opinion on the street and usually has never en-countered this person prior to this incident;
Everyone has a Constitutional right to Remain Silent. Exercise it.
Citizens should cooperate with law enforcement to the extent that it does not infringe on their Constitutional Rights. A citizen may step out of his/her car when asked to do so, but is under no obligation to perform Standardized Field Sobriety Tests.
Everyone has a legal right to representation when being questioned by law enforcement. Ask for your lawyer. Have my number in your cell phone. (713) 201-6767.
During a DWI Investigation, law enforcement will confiscate a citizen’s driver’s license and mail it to Austin. Hire a lawyer to assist you with these license issues.
No-refusal does not mean no-refusal. It means that when you do refuse to consent to a breath test or a blood draw, the Government must apply for a Search Warrant to draw blood from you. Let them get a warrant.
Unless given consent, a police officer may not search your vehicle prior to an arrest unless the officer detects an odor of marihuana.
During a DWI Investigation, an officer certified to conduct Standardized Field Sobriety Tests may request a citizen to do three roadside tests. These tests are NOT pass or fail. The citizen’s performance only gives the officer clues in his subjective opinion as to possible intoxication. These standardized tests are approved by the National Highway and Transportation Safety Association (NHTSA) and must be conducted in the same manner every time. Any variation of these tests invalidates the entire test.
No. It is unreliable evidence that may be used against you at trial.
You do not have to let the Government have samples of your blood or urine. If they want it, they can get a warrant for it.
If you refuse a chemical test, your driver’s license privilege MAY be suspended, but this issue can be ap-pealed. Hire a lawyer immediately as to not miss any time sensitive deadlines in appealing the suspension.
No. A citizen has 15 days from the date of arrest to appeal the suspension or 40 days from the date of arrest before the suspension begins.
An occupational or restricted driver’s license may be issued from a court to allow a citizen to legally drive during a suspension period. An occupational license is not only to and from work, but may be used to run house-hold errands and/or attend spiritual services on Sundays. Each license varies from case to case.
As a passenger, sit tight and remain quiet. An investigating officer may ask you how much the driver has had to drink. Snitching on the driver will not keep you from being arrested. Typically, an officer will allow the passenger to call for a ride home from the scene. Public Intoxication is if a citizen is in public and becomes a danger to himself/herself or others as a result of being intoxicated
A citizen may ask for an attorney at any time. While he or she may not be able to contact one, the request alone blocks law enforcement from further questioning of the citizen.
A first time DWI charge is a Class B Misdemeanor, unless breath or blood was provided and the results were .15 or greater; then it becomes a Class A Misdemeanor. Second time DWI Charges are Class A Misdemeanors. Three or more DWIs are charged as felonies if the previous two DWIs can be proven. If you are convicted of a misdemeanor DWI, you are not a convicted felon in the United States. However, Canada does consider any level of DWI as a felony and will refuse entry into their country.
A DWI arrest and conviction will stay on a citizen’s criminal history forever. The only way to have a record expunged is if the case was dismissed or if the case was won at trial (an acquittal).
A .08 blood alcohol level means the concentration of alcohol in a citizen’s blood stream. However, because alcohol is absorbed into the blood stream and then eliminated, a person’s blood alcohol level may be different at the time of driving than at the time of the chemical test.
Some probation sentences require 3-10 days in the county jail as a condition of probation.
If you are going to sleep in your car, make sure the engine is not running or sleep in the passenger seat so that an officer cannot mistake you for “operating” a vehicle. It essentially becomes your word versus the Officer’s word.
The wheels of justice turn slowly. These matter may take 6 months to several years to resolve depending on the jurisdiction and complexity of the case.
Texas law allows a convicted felon to possess a gun where he resides once five years have elapsed from the felon’s release from prison or parole. Federal law states that a felon may not own a firearm, and the only way to own one in Texas is if it is completely manufactured in Texas and does not pass through interstate commerce channels.
No, unless the crime is punishable by less than 1 year imprisonment or civil rights have been restored (ie. judge restores civil rights upon release from community supervision or the governor has issued a pardon)
If you have been convicted of Class A or felony Assault Family Violence, you may not own a gun under Texas law until 5 years have elapsed from the date of release from jail or community supervision.
No, unless the crime is punishable by less than 1 year imprisonment or civil rights have been restored (ie. judge restores civil rights upon release from community supervision or the governor has issued a pardon)
Only when a defendant has been discharged from deferred adjudication by a court order may the defendant own or possess a firearm. The defendant may not own or possess a firearm while on deferred adjudication.
Only if it is an antique weapon or a replica of an antique as defined by Texas Penal Code 46.01(3). Muzzle loading black powder rifles are not allowed unless they are antiques or replicas.