Updated on August 17, 2024
If you face criminal charges of any kind, it is a serious matter that can leave you at a loss regarding how best to proceed. While every criminal charge is unique, several essential guidelines nearly universally apply.
A conviction can derail your future, so it is in your best interest to keep your wits about you and proceed with caution. The most important step anyone in your position can take is consulting with an experienced Killeen criminal defense attorney early on.
Invoke Your Right to Remain Silent
One of the most important rights we have is our Fifth Amendment right to remain silent, which means you cannot be forced to testify against or incriminate yourself. You are well-advised to invoke this right if you are facing criminal charges.
If you have been arrested or detained by the police, they may tell you that they can’t help you if you don’t answer their questions. They may even imply or tell you outright that if you talk, they can release you or charge you with a lesser crime. However, the police can lie to you, and telling you that it’s in your best interest to answer their questions is one of their most common lies.
After you have been arrested, the best path forward is to share your name and your intention to exercise your right to remain silent with the arresting officer after being arrested. Never admit to any of the following actions:
To having committed a crime
To having been involved in the commission of a crime
To associating with known criminals
Even if you believe you are guilty as charged, wait until after you have consulted with an experienced Killeen criminal defense lawyer before sharing any information with an officer of the court.
Mind Your P’s and Q’s
Within 72 hours of your arrest, you must either be charged with a crime or be released. If you are charged, you will attend a hearing where your charges will be read, and you will likely be given the opportunity to post bail.
Upon your release, it is critical that you remain on your best behavior and avoid all illegal activity and all activities that might be considered suspicious. Not doing so can seriously harm your case (especially if the charge you face is serious).
Now is not the time to share your story or defend yourself on social media. The prosecution is skilled at reading into defendants’ words, and they will be very interested in anything you have to say. You have the right to remain silent, and this includes going dark on social media. The best practice is staying off all social media platforms until your case is fully resolved.
It’s also an excellent idea to mind your p’s and q’s. Follow all the stipulations that apply to your bond, show up on time for all court dates, and treat the court with respect by dressing conservatively and allowing your attorney to do the talking for you – unless the judge asks something of you directly.
Call an Experienced Criminal Defense Lawyer Sooner Rather than Later
If you are facing a criminal charge, bringing your most robust defense is critical. In fact, a conviction can lead not only to significant fines and penalties (such as jail time) but also to dramatic repercussions that can affect your future in all of the following ways:
It may be difficult to rent a home or apartment.
You may have trouble getting a loan (especially for the purpose of pursuing higher education).
You may lose your professional licensure.
Because the stakes are so high, consulting with an experienced criminal defense lawyer sooner rather than later is paramount. Your lawyer will help ensure that you have a solid defense strategy that protects your rights and supports your case’s most favorable resolution.
Your trusted attorney will play a critical role in your case in all the following ways:
Ensuring that you know your rights and invoke them
Helping you navigate the challenging legal process while avoiding the case-damaging mistakes many defendants make
Gathering and skillfully compiling the evidence necessary to build your strongest defense
Striving to have the charge against you dropped and, barring that, negotiating with the prosecution for a favorable plea deal – when deemed beneficial
Helping you make well-informed decisions throughout the case
Fiercely defending your case in court if going to trial is determined to be the best option for you
Don’t make the mistake of waiting to hire a focused Killeen criminal defense attorney.
Understand the Charge against You
The better you understand the elements of the charge against you, the better prepared you’ll be to help your skilled attorney effect a favorable resolution. Every criminal charge includes specific elements that must be present in order for the charge to apply, and if one of these elements is missing, the charge won’t stand. Knowing the elements that apply in your case can help you help your attorney craft a solid defense.
Don’t Accept a Plea Deal before Carefully Considering the Implications
If the state offers you a plea deal, it may feel like a lifeline that you can’t refuse, but it’s important to keep the following points in mind:
You shouldn’t accept a plea deal before you’ve discussed the matter carefully with your dedicated Killeen criminal defense attorney.
When you accept a plea deal, it takes the question mark out of your case, but it is also an admission of guilt, which will land on your permanent record.
There are pros and cons to plea deals, and when the pros far outweigh the cons, they can be a good option, but there are other times when heading to court is the preferred approach.
Every criminal case is specific to the situation at hand, and primary decisions, such as whether to accept a plea deal, must be made in the context of each unique case.
Common Criminal Charges in Texas
There are several criminal charges that defendants are most likely to face in Texas.
DWI
A first driving while intoxicated (DWI) charge is a serious matter, but the consequences of a second or third charge are even more serious.
If you drive with a blood alcohol content (BAC) of .08 percent or higher or if your driving is determined to have been negatively affected by alcohol, you can face serious consequences that include jail time, steep fines, driver’s license suspension, and social consequences that can haunt your future.
Sexual Assault
Sexual assault charges in Texas include the following elements:
The accused acted intentionally or knowingly
The accused penetrated the victim in a sexual manner without their consent.
For consent to apply, the person must be at least 17 years old and of sound mind, which includes being able to appreciate the consequences of having sex. Someone who is seriously impaired, for instance, isn’t capable of providing consent.
If the victim is under the age of 17, there can be no consent. In Texas, the age of consent is 17, which means that anyone younger is incapable of consenting to sex – except in specific instances when the partners are very close in age, which is referred to as the Romeo and Juliet law.
Drug Charges
In Texas, you can face serious charges for possessing, manufacturing, distributing, or trafficking a controlled substance. The associated penalties for possession are based on the amount and the classification of the drug in question, which are grouped according to the level of risk involved. If the charge isn’t your first, it can be enhanced.
While possession charges are exceptionally serious, manufacturing, distributing, and trafficking charges are more so.
Domestic Violence
Domestic violence laws are in place to help keep families safe, and they break down into three basic categories.
Domestic Assault
Domestic assault refers to an act of violence or a credible verbal threat of violence against someone with whom you have a close relationship. Domestic assault involves the following kinds of relationships:
A current or former spouse or romantic partner
Someone with whom you share a child
A child of a current or former spouse
Blood relatives and people who are related to you through adoption
Current or former members of your household
Aggravated Domestic Assault
The charge is elevated to aggravated domestic assault if the victim suffered serious bodily injury in the course of the domestic assault or if the accused used a deadly weapon to carry out the assault, which involves either causing or credibly threatening bodily harm.
Continuous Violence
When a defendant already has two or more domestic violence charges on their record, another incident can lead to the charge of continuous violence against the family. This charge can apply even if the prior charges didn’t lead to convictions.
FAQ about Criminal Charges
If you’re facing a criminal charge, you have questions, and the answers to those we hear most frequently may also help you with your case.
I’m Totally Innocent. Is It OK to Answer the Officer's Questions?
If you’ve been arrested or detained for a crime, it is always in your best interest to exercise your right to remain silent – unless your practiced Killeen criminal defense attorney has advised you otherwise.
The police can read a lot into what you say, what you don’t say, your demeanor, your level of nervousness, and more, which makes limiting your responses to a request for an attorney the best approach.
When Are the Police Required to Read Me My Rights?
The police are not required to Mirandize you – or to read you your rights – unless they arrest or detain you for questioning. If you aren’t in formal custody, the officer questioning you is not required to read you your rights, but you should rest assured that anything you say can – and very likely will – be used against you if you are charged.
It’s important to recognize that your right to remain silent and to request an attorney apply even if the police haven’t officially told you so, and if you’re being questioned, it’s time to invoke these rights.
It’s Only a Misdemeanor. Is It that Big of a Deal?
People hear the word misdemeanor and think it means a slap on the wrist, but the truth is that misdemeanors are serious charges that can have long-lasting consequences in your life.
The dividing line between misdemeanors and felonies is generally the attached sentencing. Misdemeanors typically include sentences of up to a year in jail, while felonies carry more than a year in prison. While both carry steep fines, the fines associated with felonies are generally higher.
Serving jail time and paying high fines is harsh, but it’s also important to consider the overall social implications of a misdemeanor conviction:
It can tarnish your overall standing in the community.
It can affect your ability to rent an apartment or house or to get a home loan.
It can interfere with your ability to seek higher education by limiting your access to federal grants and loans.
It can affect or void your professional licensure.
If you are facing a criminal charge of any kind, the stakes are far too high to leave to chance.
Is It Worth Fighting the Charge If They Caught Me in the Act?
Even if you think you were caught red-handed in the commission of a crime, you have important rights that are well worth protecting and that can make a significant difference in the outcome of your case.
No two criminal charges are exactly alike, and things are rarely exactly as they seem. With knowledgeable legal representation backing you up, the charge that you perceive as a slam dunk may not be as much of a sure thing as you think. Foregoing your right to a powerful criminal defense is never a good plan.
Will My Case Go to Trial?
Your case will follow its own unique path, but the vast majority of criminal cases are resolved out of court, and yours is likely to do the same. Your attorney’s primary goal will be having the charge against you dropped, but barring this possibility, a plea deal may be advantageous. You must remember, though, that making a deal – regardless of how favorable – is admitting guilt.
Your attorney will be well-equipped to help you balance the competing factors in your case and to help you make the choices that are right for you – whether that means accepting a plea deal or heading to trial.
Call an Experienced Killeen Criminal Defense Lawyer Today
If you face criminal charges, now is not the time to drag your feet and weigh your options. It’s wise to have a dedicated criminal defense lawyer on your side, and Brett Pritchard at the Law Office of Brett H. Pritchard in Killeen, Texas, is here to help.
Mr. Pritchard has an expansive record of successfully protecting the rights of clients like you and is on your side. For more information, please contact us online or call us at (254) 781-4222 today.