|
One of my goals as an attorney is to explain legal issues to my clients in a clear, understandable manner. The following answers should be used for informational purposes only. Please contact an attorney to discuss your case.
Attorney Services
Police
Trial
DWI
Probation
Appeal
Expunction
Q: Do you accept credit cards?
A: Yes.
Q: Do you have Spanish language assistance?
A: Yes. My office has two Spanish speaking assistants.
Q: I received a letter in the mail from an attorney who will handle my case for $250. Why shouldn’t I hire him?
A: Usually, an attorney who charges such a low fee will quickly settle the case with the prosecutor at the first court setting. You will probably not receive the best outcome. It is better to hire a reasonably priced attorney who will vigorously represent your interests.
Q: When can the police search my home?
A: In most cases, police need a warrant from a judicial officer to search your home. They often get around the warrant requirement by asking for your consent, as in “Mind if I take a look inside?”
Q: When can the police search my car?
A: Usually, a warrant is required if police want to search your property. However, there are exceptions for cars to the warrant requirement.
If your car is moving or parked in a public place and the police believe there is probable cause that they may find evidence of a crime, then they may search your car.
If you are arrested in your car or immediately after exiting it, the police can search the passenger compartment and the glove box but not the trunk.
An officer may also search your car if you consent.
Q: Can the police stop me on the street and make me answer their questions?
A: Yes, if they have “reasonable suspicion” that you have committed a crime, are committing a crime, or are about to commit a crime.
Q: If they stop me, can they search me?
A: If the officer believes that his safety is in danger, he can search for weapons by patting you down.
Q: When the police interrogated me, they pretended like an eyewitness saw me commit a crime. Can they do that?
A: Yes, police may lie during interrogations. If the police want to question you, ask for a lawyer and invoke your constitutional right to remain silent.
Q: How long will it take to resolve my case? What about the Speedy Trial Act?
A: It is impossible to say how long your case will take to resolve. Cases can be delayed over a period of months as prosecutors and defense lawyers argue and negotiate. There is no Speedy Trial Act for Texas state courts. In federal cases, there is a Speedy Trial Act and it requires (with some exceptions) that a case be tried seventy days from when a person is arrested or from when an indictment is returned, whichever is later.
Q: What is the punishment for a DWI conviction?
A: The punishment range for a first DWI offense is from 3 to 180 days in jail and a fine not to exceed to $2000. Up to two years probation is an alternative.
You must also pay a penalty fee to keep your drivers license. The penalty is $1000 a year for three years. If your blood alcohol level was .16 or greater, the penalty is $2000 a year for three years.
Q: Will I lose my drivers license if I am arrested for DWI?
A:
You may lose your drivers license if you refuse to submit to a breath or blood test, or if you agree to take one of the tests and fail it.
If you refuse to take a blood or breath test and you are older than 21, your license may be suspended from 180 days to 2 years. If you take the blood or breath test and fail, you license may be suspended from 90 days to one year.
The suspension can be challenged in a hearing. However, you must quickly request the hearing (usually within 15 days of getting arrested).
Q: What is an occupational license?
A: If you lose your drivers license, you can petition for a restricted license that allows you to drive to essential destinations like school or work.
Q: Can I get my DWI conviction expunged from my record?
A: No, if you are convicted of DWI, you cannot get the conviction erased from your record. This is true even if you received probation instead of jail time. If you are worried about having a criminal record for employment or credit purposes, consult an attorney about fighting the charge.
Q: Will my insurance rates go up if I am convicted of DWI?
A: Yes. At the very least, they will probably double. Consult an insurance agent for details.
Q: What is probation?
A: Probation is an alternative punishment to prison. If convicted, you will not have to go to prison; instead, you will complete requirements imposed by the judge. For example, probation can include paying fines, random drug testing and community service.
After you complete the probationary period, you will have a conviction on your record.
Q: Am I eligible for probation?
A: All persons convicted of misdemeanors are eligible for probation.
For felonies, if you elect to have a jury sentence you, you are eligible for probation if your sentence is less than ten years and you have never been previously convicted of a felony.
If you elect to have the judge sentence you, you are eligible for probation if your sentence is less than ten years and you are not convicted of certain crimes.
Q: What is deferred adjudication?
A: Deferred adjudication is a special type of probation available to defendants who plead guilty or no contest. Basically, you are placed on deferred adjudication for a certain amount of time. If you complete the time period without getting in trouble, the charges are dismissed and you will not have a conviction on your record. However, if you commit another crime or violate the conditions of the deferred adjudication, you are found guilty and the judge can assess any punishment in the statutory range of the crime.
Deferred adjudication is not allowed for DWI and other intoxication offenses.
Q: Is deferred adjudication better than probation?
A: Basically, yes. If you complete the deferred adjudication period without getting in trouble, you will not have a conviction on your record. With probation, the conviction stays on your record.
However, the consequences for getting in trouble while on deferred adjudication are worse than for probation. If you violate your deferred adjudication, the judge can assess any punishment in the statutory range of the crime.
Q: Can I get released on bail during my appeal?
A: Only if the punishment assessed at trial is less than ten years.
Furthermore, bail may be denied if the trial judge finds that you may not appear if you lose the appeal or are likely to commit more crimes while on bail.
Q: How does an appeal work in Texas?
A: For most crimes, you have the right to appeal to the Court of Appeals. If you are convicted of capital murder, your conviction is automatically reviewed by the Texas Court of Criminal Appeals (the highest court of appeals in Texas for criminal cases).
To appeal a conviction, you must generally give notice to the trial court within thirty days of formal sentencing.
If the Court of Appeals denies your appeal, you may then appeal to the Court of Criminal Appeals. If the Court of Criminal Appeals denies your appeal, you may—in some circumstances—petition the United States Supreme Court.
The path from Court of Appeals to Court of Criminal Appeals to U.S. Supreme Court is known as a “direct appeal.”
Q: What is habeas corpus?
A: Generally, habeas corpus appeals concern the denial of a constitutional right. Two prominent examples are ineffective assistance of counsel and a Brady claim.
Ineffective assistance of counsel means that your trial lawyer’s performance was so poor that your constitutional rights were violated. A Brady claim is when the prosecutor withheld evidence that showed you might be innocent.
Unlike a direct appeal, in a habeas corpus suit, one is not limited to what is in the trial record. So if your trial attorney made mistakes, habeas corpus might be your best chance.
Q: What is expunction?
A: Expunction is when records relating to your arrest and prosecution are destroyed. Your criminal record is basically erased. Expunction is useful if you are applying for jobs or for financial credit.
Q: Can I get my records expunged?
A: You are eligible if you are acquitted in the trial court, pardoned by the governor, and in a few other limited circumstances. Contact a lawyer for help.
Q: What is an order of non-disclosure?
A: If you complete deferred adjudication for your offense, you can eventually have the record sealed from the public. However, law enforcement agencies will still be able to view the offense. An order of non-disclosure is not available for certain offenses.
Contact Fred Dahr directly at 713.884.5598.
|
