FAQs

If a person learns a warrant has been issued for their arrest, they should contact their attorney immediately. Hiding or anyway obstructing the execution of the warrant will most likely result in additional criminal offenses being filed. In many cases, a “walk-through” can be arranged with the police agency attempting to execute the warrant to allow the person to be booked in and post bond. Whether a “walk-through” can be arranged will depend mostly on the nature of the offense and the appropriateness of the client for a bond.

As soon as you become aware that the police (or some other investigating agency) are looking for or investigating you, or if you believe that you may have committed a crime. A lawyer can intervene with the police and either prevent an arrest or, if you are going to be arrested, arrange for your surrender at a time and in a manner that minimizes embarrassment to you or your family. Hiring a lawyer can also protect you from being questioned by the police.

First, be polite and cooperative. Arguing or struggling or fighting will never make the situation better. Rarely, if ever, will a person be able to convince an officer to stop an arrest. Second, say nothing to the police other than your name and other identifying information (e.g., address, date of birth). DO NOT discuss the situation with them. You should tell the police that you want to speak to a lawyer and that you do not want to speak to them until you have spoken to a lawyer. Finally, call a lawyer — as soon as possible.

No, this is a common misconception. A Judge does not have the authority to dismiss a criminal case before trial even if the Judge believes the State’s evidence against the defendant is weak. However, a Judge may acquit a defendant who has been convicted, if that Judge believes that the conviction was based on insufficient evidence after a trial.

A misdemeanor case that results in a dismissal or in an acquittal or a felony case that results in dismissal prior to an indictment or an acquittal, then the record of your arrest and prosecution can be removed from your record, subject to some exceptions. Contrary to popular belief, you cannot have a successfully completed deferred adjudication probation expunged, but you very well may be eligible for an Order of Nondisclosure of Criminal Records, depending on the type of offense and prior criminal history.

An officer’s failure to read Miranda rights is not necessarily fatal to the prosecutor’s case. Generally, the failure to read the rights will prevent the officer from being able to repeat in court any oral statement you might have made after being arrested. If the officer was questioning you at that time, versus you making spontaneous statements. Miranda is required 1) when a suspect is in custody and 2) when that suspect is being questioned.

No! Usually, if the officer has probable cause, they won’t be asking you for permission to look inside your vehicle. The officer is asking you to give up your fourth amendment constitutional right to be free of an unlawful search and seizure. If you have contraband in the vehicle and consent to the search, you have just forfeited your right to contest the lawfulness of the search in court.

It depends. The cost of defending against criminal charges will vary depending upon the charges, the facts of the case, and whether the case proceeds to trial. Some lawyers charge an hourly rate while others charge a single fee for the entire case or a separate fee for different stages of the case. For example, there may be one fee for all pretrial matters and an additional fee for the trial itself.
A good lawyer will provide a free initial consultation so that he or she can assess your case and establish a reasonable fee and so that you can decide whether you feel comfortable with that attorney. Do not hesitate to ask specific questions of the lawyer. The lawyer works for you, the client, and should be open to any reasonable inquiries that you may have.
I do not charge for initial consultations. So, please call me to set up an appointment so we can sit down and talk about your case. Or you may either email me or fill out the information sheet and I will contact you as soon as possible.

The punishment range depends on the offense and following list explains punishment ranges the class of offense:

• Class C misdemeanor (tickets): fine only and amounts will differ depending on the offense

• Class B misdemeanor: up to 180 days in jail and/or up to $2,000 fine

• Class A misdemeanor: up to one year in jail and/or up to $4,000 fine

• State Jail felony: minimum 6 months in and a maximum 2 years in state jail, and up to $5,000 fine

• 3rd-degree felony: minimum of 2 years and a maximum 10 years in prison and up to $10,000 fine

• 2nd-degree felony: minimum of 2 years and a maximum 20 years in prison and up to $10,000 fine

• 1st-degree felony: minimum of 5 years and a maximum of 99 years or life in prison and up to $10,000 fine

Some clients will qualify for probation or deferred adjudication instead of jail or prison time. The above sentences do not consider any prior criminal history or aggravating circumstances.

An individual whose driver’s license has been suspended generally is eligible for an occupational, or restricted, license. This requires the filing of legal action in county or district court and the issuance of a court order authorizing the Department of Public Safety to issue the license. An occupational license may allow the individual to drive not just to maintain employment, but also to attend an educational institution and to perform essential household duties. The court order must specify the purposes for which driving is allowed, as well as permissible driving times and areas of travel.

If your license is suspended because of a DWI arrest, the suspension can be contested in an administrative license revocation hearing, which is held before an administrative judge in the State Office of Administrative Hearings. The hearing must be requested within 15 days of the arrest. At the hearing, the Department of Public Safety must prove by a preponderance of the evidence that the officer had reasonable suspicion to detain the person, as well as probable cause to arrest the person for DWI. The Department also must prove that the person, after being properly warned by the officer, either refused the test or took the test and the test showed that the person had an alcohol concentration of 0.08 or more while driving a motor vehicle. If the DPS Judge finds a failure to prove any of these issues, your license will not be suspended at the hearing.
Disclaimer –The information contained on this website may provide you general legal information but is not intended to actually give legal advice or counsel on any specific legal matter. The information contained on this website does not create an attorney-client relationship and should not be relied upon instead of actually obtaining an attorney to represent you.

If you or a loved one is facing criminal charges, contact the office immediately, either by calling or fill out the information sheet. I will be happy to speak with you about your case or schedule an appointment. Flexible appointment times are available upon request. Get a free evaluation of your case from an experienced criminal trial attorney – A Former Assistant District Attorney who knows the system and is not afraid to fight for you.