What Are The Common Types Of Criminal Cases That Your Firm Handles?
I handle all areas of criminal defense and my cases range from sexual assault cases to drug charges to regular assault. The majority of the cases we see are probably driving while intoxicated related charges.
How And When Do Miranda Rights Come Into Play When Interacting With Law Enforcement?
In DWI cases especially, a lot of people think that because they don’t have their Miranda rights read to them, they will automatically get their case dismissed. The reality is that Miranda rights only affect the statements that someone makes during a custodial interrogation, which means that they have been detained and they are not free to leave. Incriminating statements made after one is in custodial interrogation should be excluded if Miranda rights are not read to the suspect. If someone makes an incriminating statement prior to custodial interrogation, that statement can be used against them even if Miranda rights weren’t given to them.
What Are The Differences Between Misdemeanor And Felony Charges And Convictions?
Misdemeanors have a maximum punishment of a $4000 fine and one year in jail. Felonies carry a minimum punishment of 2 years in jail and go up from there. Felony convictions can also affect your ability to own a gun and to vote, and usually, you go to a state corrections facility, rather than a county jail. A defendant has to be indicted on a felony charge, which requires a grand jury to convene in secret and decide whether the State can move forward on the case, whereas a misdemeanor only requires a complaint and information as a charging instrument.
How Does The Bail Process Work Once I Have Been Arrested?
The judge or a magistrate will set an amount, which can be as little as $500 or less or as much as $100,000 or more. This ensures that you come back for your next court date. If you pay your bail in cash and you appear at trial when ordered, then you get your money back. Obviously, if you don’t show up, then you lose your money. If you don’t have the cash to pay your bail, a bail bondsman will normally post bail for 10% of the bail amount. In those situations, you usually have to have a guarantor. If you decide not to show up to your next court date, then that guarantor is responsible for the money for the bail.
Do Most DWI Cases Go To Trial Or Do They Settle Out Of Court?
Often in a misdemeanor case and sometimes in a felony case I recommend going to trial. More often than you might think there is a chance the State won’t be able to prove guilt beyond a reasonable doubt. You usually don’t want to allow the court to decide your guilt or innocence, when you can have six or twelve peers decide whether the state has met their burden of proving a case beyond a reasonable doubt. However, sometimes clients are afraid to go to trial or can’t afford the cost. At the end of the day, it’s the client’s decision but we will investigate the case thoroughly, so they can make an informed decision whether to take the case to trial.
For more information on Common Types Of Crimes In Texas, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (832) 709-1888 today.
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