PROTECTING YOUR RIGHTS SINCE 2000

No matter what crime you may have been charged with, you have the right to a fair and honest legal defense. For the past two decades, I have been standing up for individuals accused of serious crimes and I am ready to fight aggressively to defend you.

Empathetic to What You’re Going Through
I understand that the outcome of your legal situation affects not only your present but your future as well. I will be there to explain each step of the process to you and advocate for your best interests along the way. You are not alone in this fight.

I’LL SHOW PROSECUTORS WHO YOU TRULY ARE YOUR VOICE NEEDS TO BE HEARD TO INCREASE YOUR CHANCES OF SUCCESS

Facing criminal charges is something that can bring your life to a screeching halt. No matter what crime you are charged with, I am ready to help. I will work to help you minimize the damage and pursue the most favorable outcome available in your case. From charges including theft, drug distribution, and sex offenses to DWI, violent crimes, domestic violence, and campus crimes, you can rely on me.

An Overview of Criminal Legal Processes

1. The Nature of Crimes and Criminal Charges
Crimes are categorized based on severity, ranging from misdemeanors to felonies. Misdemeanor charges, such as Class C, Class B, or Class A misdemeanors, typically involve lesser offenses with shorter jail time or community service as punishment. On the other hand, felony crimes, including aggravated assault, murder, or drug manufacture, carry more severe penalties like extended prison sentences and even capital punishment for the most serious cases.

2. Arrests and Accusations
When a person is accused of a crime, law enforcement officers like police officers, sheriff’s deputies, or DPS troopers may conduct an arrest if there is probable cause. The arrest affidavit or probable cause affidavit outlines the reasons for detaining the suspect. During this stage, the accused is informed of their Miranda rights, including the right to remain silent and to legal counsel.

3. Investigation and Evidence Gathering
Criminal investigations often involve searches and seizures of evidence, with some requiring a search warrant issued by a judge. Officers may use tools like portable breath tests, intoxilyzers, or collect blood samples to measure blood alcohol content (BAC), especially in cases involving DWI or DUI. Evidence such as witness statements, DNA, or physical items helps build the prosecution’s case.

4. Initial Hearings and Charges
After an arrest, the suspect is presented before a magistrate for a preliminary hearing. The magistrate sets conditions for bail or a personal bond and informs the defendant of their charges, which could range from reckless driving to drug possession. The prosecutor may offer a plea bargain, enabling the defendant to plead guilty or not guilty in exchange for a reduced sentence.

5. Trial and Verdict
If the case proceeds to a jury trial, the process includes voir dire (jury selection), witness testimony, and presentation of evidence. The defense lawyer argues for the innocence of the defendant, while the prosecutor seeks to prove guilt beyond a reasonable doubt. The jury deliberates and delivers a verdict—either guilty or not guilty. If convicted, the judge determines the punishment range based on statutory guidelines.

6. Sentencing and Punishment
Punishments vary widely depending on the offense and degree of culpability. For first-degree felonies, penalties may include life imprisonment. Lesser offenses might result in probation, community supervision, or participation in rehabilitation programs like alcohol treatment or anger management. Repeat offenders or those convicted of crimes involving a deadly weapon or violence often face enhanced sentences.

7. Post-Trial Processes and Appeals
Convicted individuals can file an appeal in an appellate court, challenging the ruling on grounds of procedural errors or insufficient evidence. They may also seek relief through a writ of habeas corpus. In some cases, records can be cleared through expungement or non-disclosure orders, helping individuals move past their criminal history.

8. Special Considerations in Criminal Cases
Certain crimes, such as domestic violence, child abuse, or sex offenses, come with unique legal challenges, including protective orders, registration requirements, and harsher sentences. Defendants with mental health conditions may qualify for pretrial diversion or mental health treatment instead of incarceration, depending on their case.

9. Rights of the Accused and Victims
The legal system emphasizes due process, ensuring that every defendant has the right to counsel and a fair trial. Meanwhile, victims of crimes, like those affected by assault or fraud, have access to resources like victim impact panels and protective measures during and after legal proceedings.

10. Legal Representation and Negotiations
Navigating the criminal justice system requires a knowledgeable attorney who can negotiate with the prosecutor for the best outcome or fight for the client’s rights during trial. Legal counsel also advises on plea bargains, mitigating penalties, and defending against false accusations.

Understanding the Legal Process: A Comprehensive Overview

The legal process is complex, involving various terms and procedures that are crucial to understanding how the justice system operates.

Initial Encounters with Law Enforcement

Encounters with law enforcement often begin with police officers, sheriff’s deputies, or other law enforcement officers at scenes such as traffic stops, accidents, or criminal investigations. Individuals may face arrest and be placed in handcuffs for crimes ranging from driving while intoxicated (DWI) or driving while impaired (DUI) to more severe charges like assault deadly weapon or manslaughter. Traffic violations or obstruction of a highway can lead to penalties, and serious offenses might involve felonies or misdemeanor charges.

Post-Arrest Process

After an arrest, suspects are taken to the police station or sheriff’s office. Law enforcement may execute a search or obtain a search warrant. They’ll often use tools like the Intoxilyzer or portable breath tests to determine blood alcohol content (BAC) levels. In cases of suspected drug crimes, controlled substances like heroin, methamphetamines, or marijuana may be seized.

During this stage, individuals may receive Miranda rights, informing them of their right to remain silent and obtain an attorney. A custodial interrogation might follow, where suspects could be asked to confess or provide evidence.

Charges and Pretrial Proceedings

Criminal charges can range from Class C misdemeanors to capital punishment cases. For less severe offenses, the accused may be eligible for a personal bond or surety bond, allowing them to leave jail while awaiting trial. In severe cases, indictments by a grand jury determine whether to proceed with prosecution.

Defense attorneys play a critical role in this stage, negotiating plea bargains or seeking to dismiss charges through motions like the motion to modify. The defense may also gather evidence through the discovery process to refute accusations or challenge witness identification.

Courtroom Proceedings

In court, the judge, prosecutor, and jury oversee proceedings. Jurors participate in deliberations to reach a verdict of guilty or not guilty. Charges involving weapons or dangerous drugs might carry enhanced penalties, while individuals charged with violent crimes could face serious consequences, such as prison time or fines.

For specific charges like assault by contact, family violence, or abuse, courts might impose protective orders or require participation in programs like anger management or batterers intervention prevention programs.

Sentencing and Rehabilitation

Sentencing varies depending on the crime. For felonies like arson or drug manufacturing, punishments could include time in state jail, prison, or probation under community supervision. Sentences might also include participation in alcohol rehab or drug rehabilitation programs.

In some cases, probation officers monitor compliance with conditions such as electronic monitors, alcohol monitors, or restricted driver’s licenses. Individuals may also seek early release or expungement to clear their criminal record once their sentence is complete.

Specialized Cases

Cases involving juveniles, minors, or individuals with mental illness often require unique considerations. Courts might order rehabilitation or treatment to address underlying issues. For crimes like sexual offenses, registration as a sex offender and lifetime monitoring may apply.

Conclusion

Navigating the legal process requires understanding complex procedures and laws, from arrest to trial and sentencing. Consulting a knowledgeable lawyer is vital to achieve the best outcome, whether that involves negotiating charges, pursuing pretrial diversion, or addressing serious charges like unlawful possession of a firearm or burglary.

By knowing your civil rights, engaging in proper legal representation, and understanding the criminal code, individuals can better navigate the justice system, safeguard their liberty, and protect their reputation.