Navigating the Legal Landscape in a Texas Criminal Case

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If you’re facing a criminal charge in the State of Texas, knowing what to expect – along with knowing your legal rights – is key. The fines and penalties you face in the event of a conviction are steep, and you may not have even considered the social consequences you will face.

Because making informed decisions throughout the criminal justice process is critical to the outcome of your case, working with an experienced Killeen criminal defense attorney from the outset is always to your advantage.

Stay Well Informed

The better informed you are in relation to your legal rights, the better protected they will be. The stress of being charged with a crime can take a serious toll, which can interfere with your ability to make well-considered decisions.

The right criminal defense attorney for you will not only explain the charge against you but will also ensure that you understand what you are up against in terms of the prosecution and that you have the resources necessary to navigate smoothly forward toward a favorable case resolution.

The time to seek legal guidance is as early in the process as possible, and doing so can make a serious difference in how your case is resolved.

Your Arrest and Booking

Generally, the criminal justice process begins when a defendant is arrested. In the State of Texas, law enforcement officers need to have probable cause for believing that the person they are arresting committed the crime in question in order to proceed with an arrest.

Upon arrest, the officers are required to inform you of your Miranda rights, which include the following two primary matters:

● You have the right to remain silent, and if you choose to say something, it can be used against you.

● You have the right to an attorney.

These are the basics, but too many people facing criminal charges lose sight of these rights and choose to answer the questions put to them by the police without asking for legal representation. It is easy to lose track of what you are saying in the heat of the moment, and the authorities bank on this.

The fact that you are innocent of the crime you’ve been charged with does not mean that you are immune from making case-damaging statements during a police interview. Ultimately, you are far better off having a seasoned criminal defense attorney in your corner from the start, choosing to leave the talking to them, and allowing them to sort things out on your behalf.

The Possibility of Bail or Pretrial Release

Once you have been booked for the charge levied against you, you will likely be eligible for release on bail. Bail refers to an amount the court sets as a means of ensuring that you faithfully appear for all future court dates. The amount set will be based on primary factors like the following:

● The crime and its severity

● Your criminal history

● Your perceived flight risk – your ties to the community, career, and long-standing address can all go a long way toward mitigating this risk

If you can’t afford to pay the bail set for you, you may – under certain circumstances – be eligible for pretrial release. The kind of restrictions you’ll need to follow can include all the following:

● Wearing an electronic monitoring device – often called an ankle bracelet

● Having regular appointments with a pretrial service officer

● Following all travel restrictions set for you and abiding by your curfew

The Court Process

As your case proceeds toward trial, you’ll move through each of the following stages:

● Your arraignment is your initial court appearance. At this point, you will be charged with the crime in question and will need to plead either guilty or not guilty.

● Pretrial motions refer to motions that are made by either side for requests related to their case, such as filing a motion that requests a disclosure of evidence or that seeks to suppress evidence that was obtained improperly.

● Negotiations refer to the back-and-forth between the defense and the prosecution regarding potential plea deals that happen in most criminal cases.

Trial is the exception rather than the rule because the majority of cases settle out of court. At trial, both sides present their cases, submit their evidence, call witnesses, and cross examine the other side’s witnesses. At its conclusion, the jury – or the judge in a bench trial – shares its verdict of either guilty or not guilty.

● At sentencing – in those cases when the defendant is found guilty – the judge hands down a sentence that is based on the involved circumstances and on the state’s guidelines for the specific charge – as applicable.

Key Concerns

There are several key legal concepts that are critical to how well a defendant’s rights are protected throughout the legal process.

The Right to Counsel

If you’re facing a criminal charge in Texas – or anywhere else in the nation – you have the right to counsel. This is a critical right that can play an outsize role in the outcome of your case and that shouldn’t be ignored. If you can’t afford to retain your own attorney, one can be appointed to you by the court.

The Presumption of Innocence

While it may not seem like it if you are facing a criminal charge in Texas, everyone who is accused of a crime in this country is presumed innocent until they can be proven guilty beyond a reasonable doubt in the course of a fair trial or the fair application of the legal process.

This presumption is foundational to our criminal justice system, and it helps to ensure that every defendant receives a fair and impartial trial. Your focused criminal defense attorney will help to ensure that the presumption of innocence holds firm in your case.

The Right to Exclude Evidence that Was Obtained Illegally

As a defendant you also have the right to exclude case-damaging evidence that was obtained illegally from the court proceedings.

This exclusionary rule serves as a barrier to unreasonable searches by the police and helps keep the criminal justice system within the law’s careful boundaries, which in turn helps preserve the integrity of our laws, prevent the abuse of power, and support the rights of those accused.

The Right to a Speedy Trial

Defendants cannot be made to languish in the face of excessive delays in the legal process. The longer the wait, the more difficult it can be to mount a robust defense. Over the course of time, evidence can deteriorate, and the clarity of eyewitness testimony can fade.

When delays are implemented, the defendant has the legal right to challenge them in relation to their constitutional right to a speedy trial.

Bringing Your Strongest Defense

If you’ve been slapped with a criminal charge, bringing your strongest defense is paramount, and one of the most important steps you can take toward achieving this is retaining a savvy criminal defense attorney early in the process.

Having skilled legal representation on your side helps to ensure that you know what to expect, that you avoid the common mistakes that defendants too often fall victim to, and that you have the instruction you require to proceed smoothly forward. In fact, your criminal defense lawyer will ably fill a wide range of roles.

Developing a Solid Defense Strategy

Your criminal practiced defense attorney will skillfully gather and compile all the evidence relevant to your defense and will proceed to erect a strong legal strategy that protects your rights and is difficult for the prosecution to deny. Throughout the process, your attorney will carefully consider all the following:

● The credibility of the prosecution’s witnesses

● The admissibility of specific evidence the prosecution is using in the case against you

● The feasibility of a potential affirmative defense, such as self-defense

● The advisability of the plea bargains or alternative sentencing options offered

Working with Expert Witnesses

In some criminal defense cases, expert witnesses can prove invaluable when it comes to strengthening the legal defense of the accused. These professionals offer relevant expertise that can shed light on highly technical or scientific concepts that would otherwise be more challenging for the jury to comprehend and apply to the case at hand.

Expert witnesses often fall into the following primary categories:

● Medical professionals

● Experts in the field of mental health

● Forensic specialists

● Private investigators

When the case is complex, it can hinge on the testimony of an expert witness that helps the jury understand the mechanics of the crime under consideration.

Bringing a strong defense requires a holistic approach that calls for a nuanced understanding of the legal intricacies involved, a well-informed and well-defined defense strategy, and the thoughtful use of expert testimony to round things out.

When you work closely with a trusted criminal defense attorney, you can rest easy in the knowledge that you are well represented and that your rights are well protected.

Common Criminal Charges in Texas

There are wide-ranging criminal charges in the State of Texas, but some are more common than others.

DWI

Driving while intoxicated (DWI) refers to driving with a blood alcohol concentration (BAC) that is above the legal limit of .08 percent, but the charge can also apply if your ability to drive safely and in accordance with the law is affected by alcohol – even if you’re not above the legal limit.

Most first-time offenders don’t face jail time unless there is an aggravating factor involved, but they are likely to experience all the following:

● Serious fines

● License suspension

● A mandatory alcohol education class or mandatory treatment for alcohol abuse

If the charge isn’t your first, your BAC was very high, you had a child in your car at the time, or you caused an accident that left someone injured, you can face consequences that are significantly harsher.

Drug Crimes

Drug charges are very common in the State of Texas, and the corresponding laws are exacting. While recreational marijuana has been legalized in many states, it remains illegal in Texas, and many charges relate to marijuana possession. The severity of the crime you face will based on the drug involved and on the amount in your possession.

Drug charges break down into the following basic categories, which can range from misdemeanors all the way up to first-degree felonies:

● Possession

● Possession with intent to distribute

Drug trafficking

● Manufacturing or cultivating illegal drugs

Violent Crimes

Charges related to violent crimes address acts that cause someone else to be harmed – or to credibly fear being harmed – or that endanger public safety generally. Common examples include all the following:

● Simple assault and aggravated assault

● Domestic violence

● Sexual assault

Robbery

● Kidnapping

● Homicide, which includes both murder and manslaughter

● Terroristic threat

Indecency with a child

● Promotion of or possession of child pornography

White Collar Crimes

White collar crimes are financial crimes that can seriously affect society as a whole and the economy in general. Some of the most common include:

Cybercrimes

● Embezzlement

● Fraud

● Bribery and corruption

● Money laundering

Make the Call to an Experienced Killeen Criminal Defense Attorney Today

If you’re facing a criminal charge, you may have no idea where to turn for the help you need, but Brett Pritchard at The Law Office of Brett H. Pritchard is a formidable Killeen criminal defense attorney who is standing by to help you.

Mr. Pritchard will leave no stone unturned in his focused efforts to achieve an optimal outcome in your case, and he has the impressive experience, legal skill, and keen insight to help make that happen.

Our accomplished legal team is on your side, so please don’t delay contacting or calling us at 254-781-4222 to schedule a free consultation and learn more about what we can do to help you today.

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