If you are facing a criminal charge in the State of Texas, it is a serious matter that you should take very seriously. In this blog, we carefully answer the questions that our clients tend to ask most frequently, which may include some of your own.
If you find yourself in the difficult position of being charged with a crime, it’s time to consult with an experienced Round Rock criminal defense attorney.
It’s just a misdemeanor – do I really need an attorney?
While it is true that misdemeanors are less serious charges than felonies, there is nothing minor about them. A misdemeanor conviction can land you in jail, can carry hefty fines, and can lead to all of the following serious social consequences:
It can affect your ability to get a job.
It can affect or negate your professional licensure.
It can interfere with your ability to rent a home or obtain a home loan.
It can seriously impact your social standing.
It can leave you ineligible for federal student loans, which can thwart your education goals.
If you are facing a criminal charge of any kind, it’s always in your best interest to have skilled legal representation in your corner – the stakes are too high to ignore or leave to chance.
What is the difference between a misdemeanor and a felony?
Crimes in Texas are identified as either misdemeanors or felonies, and the severity of the charge is the deciding factor. Generally, a misdemeanor charge carries no more than a year in county jail. If the charge you are facing carries a sentence in a state jail or prison or leads to a sentence in county jail that exceeds the one-year mark, it is likely a felony.
When you work closely with a well-respected Round Rock criminal defense attorney, you can rest assured in the knowledge that you know the specifics of the charge against you and the potential sentence you face. This puts you in a better position to make the right decisions for you.
I plan on taking a plea deal – can I skip the attorney?
If you are considering a plea deal, you’re in a tricky position that calls for skilled legal guidance. While the plea deal in question may seem like a real bargain – compared to the time you would receive if you were convicted in court – it’s important to remember that, when you take a plea deal, you are admitting your guilt in the matter, which can have lasting consequences.
An attorney’s goal is always to have the charge against their client dropped, and barring that, they use their legal savvy to skillfully negotiate a plea deal that is worth taking – or they proceed to ably address the matter in court.
When does my right to remain silent kick in?
If you are arrested, the police are required to read you your Miranda rights, which afford you the right to remain silent and the right to an attorney. If the police tell you that you have the right to remain silent and the right to an attorney, it’s the right time to invoke these rights by asking for an attorney and proceeding to remain silent.
If the police are questioning you but you are not under arrest, you retain the right to remain silent – other than answering basic questions about your identity and your address – and the right to an attorney.
When you ask for an attorney or let the authorities know that you won’t be fielding questions, they are likely to let you know that you are not under arrest, which does not mean that it’s a good time to open up.
If you’re being questioned in relation to a crime for which you’re considered a suspect, it’s time to stop talking and ask for an attorney – or to walk out if you’re free to do so.
Anything you say at any point in the legal process can ultimately be used against you in a criminal case – as long as you weren’t under arrest and hadn’t been read your Miranda rights at the time. In other words, holding your tongue is universally advised.
How do I handle questioning by the police?
The best way to handle questioning by the police is by letting them know that you won’t be answering their questions and then refraining from saying anything else. Saying you won’t be talking and then continuing to chatter – whether you’ve been arrested and read your rights or not – means that anything you say can be used against you – and almost certainly will be.
The authorities are banking on your anxiety causing you to have loose lips, and they’re often right on the money. If you’re facing a criminal charge, your policy should be waiting for your attorney before answering any questions, which can ultimately shield you from a lot of negative consequences.
I’m pretty sure that the police have enough evidence to convict me. Should I simply confess?
No, you shouldn’t confess to a charge before you consult with a dedicated criminal defense attorney. Criminal charges are nuanced matters that involve many layers, and just because you believe you’re guilty doesn’t necessarily mean that you are in the eyes of the law.
Further, you are not required to incriminate yourself, and you’re advised not to do so. Before you confess to a crime that you may not even be guilty of, reach out to an accomplished Round Rock criminal defense attorney.
Fixing an error of this magnitude after the fact may not be possible. Additionally, all that evidence that the police claim to have against you may be completely made up. The bottom line is that the officer questioning you is under no obligation to tell you the truth, and the authorities often resort to subterfuge in order to obtain the results they’re looking for.
Shouldn’t I let the officer know that I’m innocent?
While you may be tempted to let the officer who is interviewing you know that you are innocent of the charge in question, you should save your breath. The officer wants you to start talking, and they’re not super interested in what you talk about – to begin with. Further, you should know that the police do not put much stock in the self-proclaimed innocence of interviewees.
Once they get you talking, they count on your nervousness tripping you up, which can lead to statements that they go on to use against you. These statements can be taken out of context, but without the raw material that you provide in the form of your words, they won’t have much to go on, which is the idea as far as criminal defense attorneys are concerned.
I failed the breathalyzer. Should I bother to fight the DWI charge?
To be convicted of DWI in Texas you must be over the legal limit of .08 percent blood alcohol content (BAC) or must demonstrate that your driving has been negatively affected by alcohol. Often, the police who issue DWI charges use handheld breathalyzer tests to determine the BAC readings of the drivers they stop.
If you blow over the legal limit, you may think you have no remaining legal options, but this is far from the case. The handheld devices used are notoriously unreliable, and this is when they are in excellent working condition. Too often, factors like the following can skew the results even further:
The device is old.
The device is not functioning properly.
The device is poorly maintained.
The officer doesn’t have the necessary training to conduct the test properly.
In fact, the device may be generally inaccurate even on a good day. If you’re facing a DWI charge, you owe it your future to consult with a knowledgeable criminal defense attorney early in the process.
When do the police have the right to search my car?
Many criminal charges hinge on the evidence that the police gather when they stop and search a vehicle, and when they fail to do so within the boundaries of the law, it can derail the case. Generally, the police need a warrant to search your vehicle – unless one of the following applies:
If you consent to the police searching your car, they can do so, which leads to the following important rule – don’t give the police consent to search your vehicle.
The police smell marijuana wafting out of your car window, which amounts to probable cause to search the car for drugs.
If you are removed from your car and put under arrest, the police can search your vehicle for anything that may be relevant to the charge against you.
If the officer has reason to believe that you or an occupant of your vehicle may be carrying a weapon, they have the legal right to search.
If your vehicle is lawfully impounded, the police have the legal right to search it or to perform what is known as an inventory search.
The police tend to offer all kinds of reasons for searching a vehicle, but this doesn’t automatically translate to having the legal right to do so. When a search isn’t within the boundaries of the law, any evidence against you that’s found can be thrown out.
Can I discuss the criminal charge against me with others?
The only person you should be discussing the criminal charge against you with is your trusted Round Rock criminal defense attorney – and their trusted legal team. The less talking you do about the charge in question, the better off you are.
The same extends to posting on social media. It is in the best interest of your case to take a social media break until the charge is well behind you. You may be surprised by how much evidence comes directly from social media in today’s criminal cases.
Will my case go to trial?
The vast majority of criminal charges are settled out of court, and yours will probably be resolved in the same manner. This said, however, your case is unique to the specific circumstances involved, and your committed criminal defense attorney will help you make well-informed decisions that protect your legal rights moving forward.
If you have a solid defense that is backed up by solid evidence, proceeding to trial may be advised.
What role will my attorney fill?
Your capable criminal defense attorney will ably fill a wide range of roles that are designed to affect your case’s optimal outcome, including all the following:
Your attorney will gather all the available evidence and will skillfully weave it into a strong defense that is difficult to refute.
Your attorney will ensure that you understand the legal process and that you avoid the common mistakes that too many defendants make.
Your attorney will gather the resources necessary to flesh out your defense to the fullest extent, which may include hiring expert witnesses.
Your attorney will fiercely advocate for the charge against you to be dropped and, barring that, for an advantageous plea deal.
Your attorney will be more than ready to take your case to trial if – together – you determine that doing so is the best path forward.
An Experienced Round Rock Criminal Defense Attorney Is Standing By to Help
Brett Pritchard at The Law Office of Brett H. Pritchard is a formidable Round Rock criminal defense attorney who has the experience, drive, and legal skill to help guide your case toward a favorable resolution that supports your brightest future.
Your legal rights matter, so please don’t put off 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.