Archives: FAQs
This is often a difficult situation. As discussed above, most criminal defense lawyers charge a flat fee and are reluctant to return the fee after it is paid. If you find yourself in this situation, you should start by having a frank discussion with the lawyer, after all the lawyer works for you. Tell the…
It is not proper for the lawyer to make such a request under the Texas Disciplinary Rules of Professional Conduct. Under Rule 1.04(e) of the Texas Disciplinary Rules of Professional Conduct, a lawyer “shall not enter into an arrangement for, charge, or collect a contingent fee for representing a defendant in a criminal case.” In…
The first thing to remember is to be polite and courteous to the police officer. Nothing will get you arrested quicker than being obnoxious to a police officer. If the police officer believes you have been drinking, he or she will likely ask you to perform “road side tests” (e.g. walking toe to heel). If…
While it is hard to generalize, cases in Dallas County often take quite awhile to resolve. Often your case will be “passed for announcement” a few times to give the defense and the state a chance to investigate the case and see if the case can be resolved without a trial. It is up to…
You have a right to refuse to make any statements. If you have a lawyer, never make a statement to anybody without talking to your lawyer first. If you are charged with a felony, you have a right to have your case presented to a grand jury where a group of citizens vote as to whether…
With “straight probation,” even if you successfully complete the probationary period, you are considered to have been convicted of the offense for which you have been placed on probation. On the other hand, if you are placed on “deferred adjudication probation” and successfully complete the probationary period, the charge against you is dismissed and there…
It is impossible to provide a general answer to this question, although most cases are generally resolved through a plea bargain. In deciding whether to accept the plea bargain, the two most important things is to make sure you understand all the consequences of the plea bargain and to make sure you have confidence that…
It very well could. Recent changes in the immigration laws have made it very easy to deport non-citizens even for misdemeanor convictions. If you are a non-citizen, before accepting ANY plea bargain, even if it is to probation or deferred adjudication, you should make sure that your attorney fully understands any immigration consequences that may…
If you can make a bond (money to secure your release), then you will be released from jail, but only if you have no other holds. (A hold is a detainer placed on you by another governmental agency which requires you be held pending clearance of the hold.) If you cannot make a bond (or…
Misdemeanor Offenses: Misdemeanor cases are filed by the police agency with the District Attorney’s Office. If the District Attorney’s Office decides to prosecute the case, a document is created called an Information. (The Information is a written statement filed and presented on behalf of the State of Texas by the district attorney, charging the defendant…