If you’re facing a criminal charge – whether it’s a misdemeanor or a felony – it’s important to recognize the consequences of a conviction and to bring your strongest defense from the outset. When it comes to a strong defense, having an experienced Leander criminal lawyer in your corner is one of the most important steps you can take.
How Your Criminal Lawyer Can Help
Your seasoned criminal defense attorney will undertake a variety of responsibilities during your case to help you reach the best possible outcome.
Helping You Avoid Common Mistakes
Your attorney will ensure that you know your rights and that you invoke them to your advantage. Many defendants who don’t have solid legal representation make all-too-common mistakes that don’t do them any favors.
The Right to Remain Silent
If you are accused of a crime in Texas, your initial response may be to talk yourself out of the charge. After all – you know that you’re not guilty. However, this approach is far more likely to backfire spectacularly than to get you out of anything. The police are well-trained and are good at eliciting self-incriminating statements from defendants.
You have the right to remain silent, and you are very well advised to invoke this right by letting the officer who is questioning you know that you won’t be answering any questions. The next step is actually remaining silent – because anything you say can and very likely will be used against you.
The Right to an Attorney
You also have the right to an attorney, and the sooner you put this right to good use, the better. Having an accomplished Leander criminal defense attorney on your side from early on can make a dramatic difference in the outcome of your case.
Being accused of a crime is stressful, and defendants are prone to making a range of mistakes. The best course of action is hiring a savvy criminal defense attorney from the start. Contact us today to get access to the skilled legal guidance you need.
Gathering All the Available Evidence
If you’re facing a criminal charge, it’s based on evidence, and your defense will also be built on evidence. In other words, the evidence in your case will play a starring role. Although the police and the state are required to share the evidence they hold, this doesn’t necessarily mean that they will. Your attorney’s skilled inquiries will help ensure that you gain access to all the evidence available, which often means the difference between a successful defense and an insufficient one.
Another important factor when it comes to evidence in your case is how the evidence was acquired. Before you can be arrested and evidence can be collected from your person or property, the police need probable cause.
This requirement means the police must be able to articulate reasonable grounds for believing you were engaged in a crime, you had engaged in a crime, or you were about to engage in a crime. Without probable cause, any resulting evidence must be suppressed.
Negotiating with the Prosecution
Your attorney’s primary goal will be having the charge against you dropped, which is generally based on lack of evidence. If the police did gather evidence without the necessary probable cause or a warrant based on probable cause, it can be deemed inadmissible. Inadmissible evidence can weaken the state’s case considerably and could lead to your charge being dropped.
In some cases, a plea deal is advantageous, and your trusted attorney’s familiarity and strong working relationship with the prosecution – along with their keen legal skill – will help ensure that your case has every possible advantage. Your case is unique to the circumstances involved, and your professional legal counsel will leave no stone unturned in their efforts to resolve it favorably.
Building Your Strongest Defense
The defense strategy in your case will be as specific as the case itself. There are, however, basic categories of defense that commonly apply. Work closely with a skilled Leander criminal defense attorney to determine the best possible defense for your case.
They Have the Wrong Person
Eyewitnesses generally mean well and don’t intend to mislead, but it is not uncommon for an eyewitness to identify the wrong person. Things become that much less certain when the eyewitness and the person identified are of different races. If your charge is related to eyewitness testimony, it could be a case of misidentification.
You Have an Alibi
Having an ironclad alibi makes it very difficult for the state to prove their case. Your practiced criminal defense attorney will pinpoint your alibi for the charge and make sure the prosecution appreciates the significance.
There Is a Lack of Evidence
Without adequate evidence, the state won’t have much of a case. Your focused criminal defense attorney will weed out any inadmissible evidence while crafting a defense that’s supported by exculpatory evidence, meaning evidence that supports your innocence.
You Are Innocent
While proving that you didn’t do something is daunting, so, too, is proving that you did, which is the prosecution’s burden. In the end, the prosecution is required to prove every element of the charge against you beyond a reasonable doubt, which means that there is no other reasonable explanation other than your having committed the crime.
You are not required to prove anything. While you aren’t required to prove your innocence, it’s your right to offer evidence, testimony, and documentation in its support. Demonstrating your innocence can be a powerful defense.
Your Constitutional Rights Were Violated
You have constitutional rights, and if the authorities didn't honor your rights, it can derail their case against you. Common violations include the following oversights:
Failure to read you your Miranda rights upon arrest
Failure to obtain a warrant for entry
Illegal search and seizure regarding your home, clothing, or person
The elicitation of an improper confession
You Were Acting in Self-Defense or in the Defense of Others
For charges related to assault and battery and other violent crimes, self-defense – or a violent reaction – is sometimes justified. You have the right to defend yourself from harm or the threat of imminent harm, and this right extends to protecting others. However, the amount of force used must be reasonable and proportionate to the force used against you. In other words, using force is sometimes justified, and a claim of self-defense can serve you well.
You Were Acting in Defense of Your Property
You also have the right to defend your property from damage, theft, or destruction. However, there is a limitation that precludes the use of lethal force in the protection of one’s property.
You Were Involuntarily Intoxicated
If you were intoxicated through no fault of your own and you committed a crime as a result, the fact of your intoxication may be a valid defense. Involuntary intoxication generally relates to a drink being spiked or food being laced with a narcotic. If you didn’t know what you were doing at the time, it removes the element of intent that most criminal charges require.
You Were Coerced
If you were forced, coerced, or otherwise under duress when you committed the crime in question, it supports a coercion defense. This defense generally involves being entangled in a crime because of credible threats of harm to yourself or your family.
You Acted out of Necessity
If you committed the crime you’re accused of as a means of preventing an even more serious form of harm, it can serve as a defense. For example, boosting a car to rush a gunshot victim to the hospital can mitigate the car theft charges. However, stealing a car for a joy ride is a very different matter.
You Had the Other Person’s Consent
Some charges hinge on the matter of consent. If your neighbor throws you the keys to their car and asks you to pick up some items at the store for them, they consented to your use of their car. On the other hand, picking the keys up off their table on your own and taking the car for a spin without consent is a crime. Establishing that you had consent can play an important role in your defense.
You Were Entrapped
Sometimes, the police abuse their authority and entice or induce people into committing crimes they otherwise wouldn’t, which is defined as entrapment. For an entrapment defense to hold, you must prove all the following elements:
You engaged in a specific criminal act.
A law enforcement officer induced you to engage in the criminal act.
The officer used persuasion to convince you to engage in the criminal act.
The persuasion was effective and led to the commission of the crime.
While entrapment can be challenging to prove, it can be a very effective defense when it applies.
The Statute of Limitations Has Expired
Many criminal charges have a statute of limitations attached, and once this time period has elapsed, the state can no longer bring charges. Once the window for a potential charge against you closes, the procedural defense of the statute of limitations applies.
The Texas Criminal Process
While every criminal charge follows its own distinct path forward, there are basic steps that generally apply, and having a better understanding of these can help you better protect yourself.
The Arrest or Notice to Appear
The criminal process in Texas begins with an arrest or with the accused receiving a notice to appear in court. If arrested, your picture and fingerprints will be taken, and you’ll likely be held in jail until your appearance in front of the judge is scheduled, which usually happens within 48 hours.
This appearance in court will lead to your bond being set. If your bond is posted, you will be released. Once bailed out of jail, you’ll be required to return to court as scheduled to answer to the criminal charge against you. Failure to appear can lead to a warrant for your arrest.
The Preliminary Hearing
In order to be tried for the charge in question, the prosecution must demonstrate at the preliminary hearing that there is enough evidence to support the criminal charge and that it is very likely that you are guilty of the crime. If the prosecution fails to demonstrate that there is a good chance you are guilty, the case can be dismissed at this juncture.
Pretrial Negotiations and Plea Bargaining
If the prosecution establishes that they have enough evidence to proceed, pretrial negotiations and plea bargaining will begin. This time is an opportunity for both sides to explore middle ground and possibly resolve the case’s outcome. Your dedicated criminal defense attorney will negotiate with the prosecution without losing sight of your best interests and the best possible resolution of your case.
A plea bargain generally refers to an admission of guilt or no contest in exchange for lower charges or a lesser penalty. While plea bargains can be beneficial, they can sometimes prove detrimental to your case. As such, proceeding with tested legal guidance on your side is the surest means of protecting your legal rights and supporting your brightest future.
Pretrial Motions and Hearings
If no mutually acceptable resolution to negotiations is reached, your case will proceed to pretrial motions and hearings. Common defense motions include the following requests:
Motion to dismiss due to lack of evidence
Motion to exclude witness testimony
It’s important to note that plea bargaining and negotiations can – and often do – continue until the court hands down a verdict.
Criminal Trial
If your case proceeds to trial, you can count on your Leander felony attorney to be well prepared to skillfully present your strongest case – in forceful pursuit of an advantageous conclusion.
An Experienced Leander Criminal Lawyer Can Help
Brett Pritchard at The Law Office of Brett H. Pritchard in Leander, Texas, is a formidable criminal defense attorney who is committed to fiercely advocating for your rights and an optimal case resolution that supports your future. To learn more, please don’t wait to contact us online or call us at (254) 781-4222 today.