The stress associated with criminal charges can be immense, and if you or someone you care about has been charged with a crime, you may be unsure where to turn for the help you need.
We have compiled the questions that our firm receives most frequently from individuals facing challenging situations like yours, and the answers may help guide you on your own journey forward.
One of the most important steps anyone in your difficult position can take is consulting with an experienced Round Rock criminal defense attorney early on. They can advise on what to expect and begin building a strong defense against your charges.
I’ve been arrested. Now What?
If you have been arrested for a crime, it is time to take stock of the situation. To begin with, the officer who arrested – or detained – you should have read your Miranda rights, but even if they failed to do so, it is in your best interest to invoke them.
Your Miranda rights include the right to remain silent and the right to an attorney, and each is of critical importance in relation to the outcome of your case.
Your Right to Remain Silent
You are under arrest, and your first impulse may be to talk yourself out of the predicament, but this is very rarely – if ever – advised. To begin with, you may be nervous, and you may not realize how your comments will be interpreted by trained investigators.
Further, you can count on the people interviewing you being good at what they do, which means being good at eliciting the kinds of incriminating statements they are looking for.
Because anything you do say can – and almost certainly will – be used against you, it is always to your advantage to invoke your right to remain silent until after you have consulted with a trusted criminal defense lawyer. It is not enough, however, to simply say you will not be doing any talking – you will need to actually remain silent.
It is also worth noting that you are required to share your name, address, and other basic identifying information about yourself upon arrest. After fulfilling this requirement, you should let the officers know that you will not be doing any more talking and that you want an attorney.
Your Right to an Attorney
You also have the fundamental right to an attorney, and having a dedicated Round Rock criminal defense attorney in your corner from the start can make a big difference in how your case is resolved.
In fact, your knowledgeable Round Rock criminal defense lawyer will ably handle each of the following primary tasks that will help guide your case toward an optimal outcome:
Ensuring that you know what to expect and how best to protect your rights throughout the criminal justice process.
Gathering all the available evidence in your case, including everything that the police and the state may have – some of which may support your innocence.
Strategizing a well-considered path forward that is tailored to the circumstances of your unique case.
Building a strong defense on your behalf.
Skillfully negotiating with the prosecution when pursuing a plea deal is deemed advantageous.
Carefully prepare to take your case to trial in a focused pursuit of a favorable resolution that supports your legal rights.
What comes after arrest?
Once you have been arrested for a crime, the legal process will begin, and it generally starts with arraignment. At your arraignment, you will appear in front of a judge who will read the charge against you and ask you to enter a plea of guilty, not guilty, or no contest.
Having a formidable criminal defense lawyer with you at this juncture is key to ensuring that your rights remain well protected and that your case proceeds smoothly forward toward a beneficial conclusion.
From arraignment, you will move through the final stages of the criminal justice process.
Discovery
Discovery is a critical step in the proceedings. During discovery, the defense, which refers to you and your diligent criminal defense lawyer, and the state, which refers to the prosecution, will share the information and evidence you are required to share – helping to ensure that neither party is blindsided moving forward.
It is important to note that your duty to disclose is not as comprehensive as the prosecution’s is.
Exculpatory and Impeachment Evidence
The prosecution is required to share all exculpatory evidence – or evidence that supports your innocence – as well as any evidence that could undermine or impeach the credibility of one or more of their witnesses, and this is regardless of whether or not your side asks for the evidence directly.
While the defense is not required to share every piece of evidence in their possession, you must faithfully comply with specific discovery requests made by the prosecution.
Reciprocal Discovery
Reciprocal discovery also applies, and it outlines the legal parameters of discovery for both sides. The prosecution is held to a broad duty of disclosure, but there are important requirements regarding certain information that also apply to the defense.
Discovery is a primary building block of a strong defense. It allows you and your skilled criminal defense lawyer to carefully assess the evidence against you, pinpoint the flaws and weaknesses in the prosecution’s case, and cement a solid defense strategy.
Pretrial Motions
As your case proceeds, you can expect pretrial motions, which – as the name implies – refer to formal requests to the court, which are made prior to trial and which address legal and procedural matters. These motions can play a pivotal role in the outcome of your case.
There are many kinds of pretrial motions, but some of the most common include the following:
Motion to dismiss, which seeks to dismiss a specific charge or to dismiss the case altogether
Motion for discovery, which requests that the other side hand over or provide access to specific documentation, information, or any other form of evidence
Motion to suppress evidence, which challenges the admissibility of specific evidence in the case – such as evidence obtained through illegal search or seizure
Motion in limine, which seeks to exclude specific arguments or evidence from presentation at trial
Motion for change of venue, which is a request to move the trial to a different court and which is often made in response to heightened publicity or as a result of potential bias in the original venue
Motion to compel evidence or testimony, which asks the court to require a specific party to testify or to provide specific evidence
There are also motions to preserve evidence, motions for continuance, and motions for summary judgment, which request that the court make a primary judgment to resolve the case prior to full trial based on the facts involved.
Trial
Once the basic steps of the criminal justice process have been completed, you can expect your case to head to trial. Many cases, however, end with plea deals that reduce the charge, sentence, or both in exchange for guilty pleas.
Plea deals can be extremely advantageous, but taking a plea deal will also mark you as guilty and may negate your ability to appeal.
Your determined Round Rock criminal defense attorney will help you make the right choices for you throughout the criminal defense process. Whether this means taking a plea deal or proceeding to court will hinge on the unique circumstances involved.
I’m innocent. Do I really need an attorney?
Many people believe that having legal representation backing them up makes them appear guilty or that the fact of their innocence will ultimately prevail, which makes consulting with an accomplished criminal defense lawyer unnecessary. This approach, however, is shortsighted.
Your firm belief in your innocence is important, but it is not going to do you any favors when it comes to navigating the criminal justice system. If you have been charged with a crime, you are facing legal intricacies that are difficult to maneuver, and without professional legal counsel in your corner, you are at a distinct disadvantage.
The bottom line is that being innocent does not always translate to being found not guilty, and your future is far too important to leave to chance – or to the unpredictability of our legal system.
The burden of proving your guilt beyond a reasonable doubt lies with the prosecution, and working closely with a resourceful criminal defense lawyer is the surest means of thwarting their focused efforts to do so.
I’m not facing jail time. Is it really worth fighting the charge?
If the prosecution is offering you a deal in which you will not serve any jail time, it can feel like you hit the jackpot, and you may be very motivated to simply put the whole matter behind you, which is understandable.
It is important to keep in mind, however, that – when you make a plea deal involving probation or when you receive deferred adjudication – you admit guilt, which means you will have a criminal record.
Because your criminal record is a matter of public information, there are also social consequences to consider, which can include all the following:
Having difficulty finding a new job or keeping your job
Having difficulty renting a house or being approved for a home loan
Having difficulty furthering your education, such as in relation to federal financial aid, gaining acceptance to the college of your choice, or living on campus
Losing your professional licensure
Having a tarnished reputation
You will also need to meet all the requirements outlined in the plea deal. Failure to do so can mean serving the sentence you would have if you had not taken the plea deal or accepted the deferred adjudication in the first place.
How are criminal charges classified in Texas?
Texas breaks criminal charges down into misdemeanors and felonies, and the dividing line is whether the sentence carries jail time or prison time. Texas also has a hybrid charge – the state jail felony – that carries time in a state jail facility. The breakdown of charges in the state includes all the following:
Class C misdemeanor charges carry fines of up to $500 but no jail time. Common examples include public intoxication and disorderly conduct.
Class B misdemeanor charges carry fines of up to $2,000 and jail time of up to 180 days. Common examples include indecent exposure and a first DWI.
Class A misdemeanor charges carry fines of up to $4,000 and jail time of up to 1 year. Common examples include second offense DWI and assault causing bodily injury.
State jail felony charges carry fines of up to $10,000 and from 180 days to 2 years in a state jail facility. Common examples include DWI with a child passenger and criminally negligent homicide.
Third-degree felony charges carry fines of up to $10,000 and a prison sentence of from 2 to 10 years. Common examples include theft valued from $30,000 to $150,000 and tampering with physical evidence.
Second-degree felony charges carry fines of up to $10,000 and a prison sentence of from 2 to 20 years. Common examples include aggravated assault and arson.
First-degree felony charges carry fines of up to $10,000 and a prison sentence of from 5 to 99 years – or a life sentence. Common examples include murder and human trafficking.
Capital felony charges, which, if the state seeks the death penalty, carry either the death sentence or life imprisonment without the possibility of parole. If the state does not seek the death penalty, however, it carries life without the possibility of parole. The only crime that qualifies as a capital felony in Texas is capital murder.
Discuss Your Case with an Experienced Round Rock Criminal Defense Lawyer Today
Brett Pritchard at The Law Office of Brett H. Pritchard is a well-respected Round Rock criminal defense attorney who has earned an imposing reputation for fierce advocacy on behalf of his clients and for effective counsel that leads to impressive results.
Learn more about what we can do to help you by contacting us online or calling us at 254-781-4222 and scheduling a free consultation today.