The criminal justice system in Texas is complex to begin with, and if you’re facing a criminal charge, the stress of the situation makes things more challenging.
If you or someone you care about has been charged with a crime, you likely have questions like the ones we address here, and the answers provided may afford you a better understanding of your own case and legal rights. One of the most important first steps anyone in your situation can take is consulting with an experienced Round Rock criminal defense attorney.
I’m innocent. Do I really have anything to worry about?
Unfortunately, being innocent of the crime you have been charged with does not afford you much of a safety net. The authorities investigating your case will go in the direction that the evidence – and their gut feelings – lead them, and if that is toward you, it’s important to vigorously defend your rights.
You may think that simply explaining your side of things to the police will make everything go away – so that you can put this unpleasant incident behind you. The truth of the matter is, however, that many people face charges they are not guilty of and that false convictions happen more often than most of us realize.
The police are very interested in getting you to talk, and their ultimate goal is a confession, which lightens their workload. In fact, Proceedings of the National Academy of Sciences (PNAS) reports that false confessions occur surprisingly frequently in the context of interrogations and criminal investigations.
While you may not think you are susceptible to making a false confession, you are vulnerable to finely honed interrogation techniques that are designed to trip up suspects and elicit case-damaging statements.
The Right to Remain Silent
If you have been arrested or detained in connection with a crime, you have the right to remain silent, which is always in your best interest to invoke. Other than providing the police with basic identifying information, you are not required to answer their questions.
It is not enough, however, to simply tell the police that you’re done talking – you need to stop talking because anything that you do go on to say can be used against you.
Even if the police assure you that you are not under arrest and that they’re simply trying to sort the situation out, it’s your right to remain silent. Their goal is making an arrest, and the more you say, the more likely they are to achieve that goal.
The Right to an Attorney
You also have the right to an attorney. And now is the right time to reach out for the skilled legal guidance that you need.
What should I do if I am guilty of the crime they’ve charged me with?
If you are facing a criminal charge, there is a lot more to it than your assessment of whether or not you’re guilty. For example, while you may have had a glass or two of wine with dinner before getting behind the wheel, this doesn’t necessarily mean that you’re over the legal limit and guilty of DWI.
Yes, you may have a personal sense of guilt, but it’s not the same thing as being guilty under the law. If the state can convict you of the charge in question, they will, and protecting your rights and bringing your strongest defense falls to you.
Every criminal charge has elements that must be proven beyond a reasonable doubt before the accused can be found guilty, and every defendant has legal rights that are well worth protecting. In other words, fighting the charge against you to the fullest extent possible is always in your best interest.
If you’re facing a criminal charge of any kind, the best course of action is letting the police know that you won’t be answering their questions, refraining from making any further comments, and securing focused legal representation as soon as you can.
Was the search of my car legal if I didn’t give the police permission?
The police need to have a reasonable suspicion that you were engaged in an illegal activity of one kind or another in order to pull you over in a traffic stop, but the bar here is quite low. To search your car without your permission, however, the police need to have probable cause, which is a considerably higher legal standard.
Probable cause means that other reasonable people – in the same situation – would come to the same conclusion, which is that it’s likely you had engaged in or were about to engage in a criminal act. If the police search your car when they can’t establish probable cause, the court could throw out any evidence they manage to collect.
If you give the police permission to search your car, however, all bets are off. They don’t need probable cause to proceed, and you can count on them using any evidence they find against you in court. In other words, giving the police permission to search your vehicle is never recommended.
If the police ask for your permission, it’s a very good sign that they don’t have probable cause to move forward with a search. If you don’t give the police your permission but they proceed anyway, it may not be a legal search, and you may be able to keep any evidence they find against you out of your case.
Finally, if the police go ahead with searching your car – whether they ask for your permission or not – you should let them know that you don’t consent. By doing so, you eliminate any questions about whether or not they had permission to proceed.
What are the penalty ranges for criminal charges in Texas?
The State of Texas is tough on crime, and it employs harsh penalties and fines in response. Criminal charges in the state are grouped into misdemeanors and felonies, and while misdemeanors are the less-serious category, there is nothing minor about them.
The dividing line between misdemeanors and felonies is that the maximum sentence for a misdemeanor is a year in jail. If the charge carries a potential sentence of more than a year in a state jail facility or prison, it’s a felony.
The basic penalty ranges in Texas break down as follows:
Class C misdemeanor charges include crimes such as traffic citations, disorderly conduct, petty theft, and public intoxication. A conviction carries fines of up to $500 but no jail time.
Class B misdemeanor charges include crimes such as threat of violence, DWI arrest, harassment, and indecent exposure. A conviction carries fines of up to $2,000 and jail time of up to 180 days.
Class A misdemeanor charges include crimes such as burglary, theft of property that’s valued at $500 to $1,500, and stalking without bodily injury. A conviction carries fines of up to $4,000 and jail time of up to a year.
State jail felony charges include crimes such as DWI with a child in the car, theft of property valued at from $1,500 to $20,000, and criminal negligence that leads to death. A conviction carries fines of up to $10,000 and from 6 months to 2 years in a state jail facility.
Third-degree felony charges include crimes such as tampering with evidence, indecent exposure to a child, possession of a firearm by a felon, and escape from custody when arrested for a felony. A conviction carries fines of up to $10,000 and a prison sentence of from 2 to 10 years.
Second-degree felony charges include crimes such as human trafficking, manslaughter, online solicitation of a minor under the age of 14, and indecent contact with a child. A conviction carries fines of up to $10,000 and a prison sentence of from 2 to 20 years.
First-degree felony charges include crimes such as murder, aggravated assault on a public servant, and solicitation of capital murder or attempted capital murder. A conviction carries fines of up to $10,000 and a prison sentence of from 5 to 99 years – or a life sentence.
Capital murder charges relate to the crime of capital murder alone, and a conviction can carry the death penalty.
It’s just a misdemeanor. Is an attorney really necessary?
If you are convicted of a misdemeanor, you can face stiff legal penalties, and – because the conviction is a matter of public record – there are also social consequences like the following to take into consideration:
You could have trouble renting an apartment or house or obtaining a mortgage to purchase a new home.
Your job could be in jeopardy, and finding a new one may be challenging.
Opportunities for furthering your education and advancing your career may be limited.
Your professional licensure could be affected.
Your standing in the community is likely to be tarnished.
Don’t let the misdemeanor classification fool you – these charges are serious, and a conviction can seriously affect your future. Working closely with a dedicated Round Rock criminal defense attorney from the start is always to your advantage.
How can a criminal defense attorney help?
If you’re facing a criminal charge, you’re likely feeling overwhelmed, and you may think – in light of the circumstances involved – that little can be done to help. The fact is, however, that having seasoned legal counsel on your side can make a significant difference in the outcome of your case, and your future is far too important not to fight back.
Your accomplished Round Rock criminal defense attorney will skillfully take on each of the following primary tasks in pursuit of your case’s optimal resolution:
Guiding you through the complicated criminal justice process
Helping to ensure that you make the right choices for you along the way and that you avoid the kind of mistakes that could potentially derail your defense
Mining all the available evidence and helping to ensure that the state and the police don’t hold anything back
Attempting to have the charge against you dropped and, barring that, fiercely advocating for a lesser charge and penalty range
Knowledgeably negotiating a beneficial plea deal – when doing so is deemed to be in your best interest.
Being well prepared to take your case to trial – when a plea deal isn’t the best option – and to present a well-considered argument that greatly diminishes the prosecution’s chances of obtaining a conviction
The sooner you retain a Round Rock criminal defense attorney, the better off you’ll be.
The state offered a plea deal. Shouldn’t I just accept it?
In some instances, a plea deal is a good option, and in others, it’s less so. If the state spontaneously offers you a plea deal before you’ve hired an attorney or before your attorney has entered into negotiations with the prosecution, it likely means that they don’t have enough evidence to convict you of the charge at hand – and they know it.
Accepting a plea deal before you’ve discussed the matter with a savvy criminal defense attorney who is up to speed with your case is shortsighted. Just because it’s a plea deal doesn’t mean it’s a bargain.
Your attorney will carefully discuss your best options with you, will engage in robust negotiations with the prosecution that are designed to produce a favorable plea deal, and will help you make the right decisions for you – given your unique situation.
Make the Call to an Experienced Round Rock Criminal Defense Attorney Today
Brett Pritchard at The Law Office of Brett H. Pritchard is a formidable Round Rock criminal defense attorney who dedicates his decades-long practice to ably guiding challenging cases like yours toward advantageous endings that support his valued clients’ rights and best interests.
Our trusted legal time is on your side, is here to help, and encourages you not to wait before contacting or calling us at 254-781-4222 to schedule your free consultation and learn more about what we can do for you today.