Please choose a question below.
Do I really need a lawyer?
If you've been accused of a crime you need a lawyer. The government has prosecutors, trained lawyers, whose job is to try to punish you. Many prosecutors seek harsh punishments for even first time offenders. You have rights that protect you from unfair punishment, but you need to have your own trained lawyer in your corner to fight for those rights. No matter what you've been accused of, you are legally innocent until your guilt is proven by lawful evidence, beyond a reasonable doubt.
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Aren't all lawyers the same?
Not at all. Every area of law has its own rules, statutes, court cases, and fact issues that can be very unique. There are as many unique areas of law as there are types of doctors and scientists. Even within the area of criminal law, there are unique types of cases that require specific in-depth expertise, such as DWI cases. Unfortunately, many lawyers will accept any case people are willing to pay them money for. There are no required law school courses in Texas criminal law, and many lawyers will practice criminal law, never having studied the Texas criminal code. Don't assume a lawyer knows what they are doing just because they have a law degree.
Even among lawyers who claim to focus on criminal defense, there is an immense difference between lousy lawyers, good lawyers, and great lawyers. There are lousy lawyers, usually characterized by their cheap fees, quick sales talk, and the harsh sentences their clients often get. The good lawyers get fair results here and there and an occasional dismissal or acquittal. Great lawyers know the cases they represent inside and out. Great lawyers charge fees that are proportionate to the work they put into a case and proportionate to the result that is expected of them. Great lawyers have a proven history of justice for their clients.
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What are important qualifications of a great lawyer?
You don't just want any lawyer with a shingle out handling your case. You want a counselor that has proven their self as an able defender. Experience is important, but do not confuse 'years as a lawyer' as experience. There are Houston lawyers who have practiced for decades but do not fight for their clients and do not charge fees necessary for quality work. These lawyers are guilty plea machines.
Experience before practicing criminal law can be very important background. Lawyers who have experience as prosecutors or as police officers can be very valuable assets in dealing with criminal cases. You certainly want your lawyer to know what is going on in the enemy camp.
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What is a bond, and how is it set?
In the U.S.A. a person is legally innocent until proven guilty. Because of this, a person who has been arrested and merely accused of a crime cannot be sentenced to jail. In most cases, they have the right to be released until their case is decided. The courts can however require a deposit be paid to insure that the accused will return to court to answer to the charge- that is essentially what a bond is. The amount of the bond is determined by factors such as: the seriousness of the charge, the prior record of the accused, the likelihood that the accused is a danger to the public, and the ability of the accused to pay the bond. In very serious cases, the accused may not be entitled to be released on bond.
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What if I'm on probation and I am in trouble again?
If you are on probation and charged with a new offense, or accused of not following other rules of probation, the State will likely try to revoke your probation.
These cases can be difficult to defend, because the only process you have a right to in that situation is a hearing in front of the judge for him/her to decide if they believe you probably broke a rule you were to follow. These cases are difficult to defend and require creative, skillful representation to offer the judges alternatives to just placing you in jail.
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Why is it important to remain silent?
When police decide they believe someone has committed a crime, they do not ask questions to find out what happened. They ask questions to incriminate the person being interrogated. If you're under arrest, the police have already made their decision. Trying to make your own case and defend your actions is rarely a successful endeavor. Talking can usually only make things worse. Just completely shut up until you have the advice and counsel of a lawyer.
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What punishment can I get if I'm convicted?
There are eight classifications of crimes in Texas. The least serious is a Class C misdemeanor, which is punishable by only a fine. These offenses include traffic violations and very minor crimes like public intoxication. The most serious offense is capital murder, which can be punished by execution. There are many details of punishment that are specific to each individual case and the prior criminal history of the person charged. Consult a qualified attorney with the details of your situation for an accurate assessment of what punishment is likely in your case.
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