It’s important to begin by saying that every criminal charge is a serious criminal charge that can directly affect your future.
If you have been charged with a crime in Texas, it’s a serious matter, and the steps you take next can have a dramatic impact on the outcome of your case. Reviewing answers to some of the most common questions about criminal charges and criminal rights can help you find clarity in your case.
When it comes to protecting your rights during the criminal justice process, the most important first step you can take – other than invoking your right to remain silent – is consulting with an experienced Texas criminal defense attorney as soon as you possibly can. The right defense representation can often make a significant difference in your defense and your future.
What are the basic kinds of drug charges in Texas?
Drug charges in Texas are categorized according to possession, manufacture, and delivery. Both manufacture and delivery are more serious charges than possession, but you shouldn’t take this to mean that possession charges aren’t serious. The kind of drug involved and the amount are also of primary concern.
In Texas, illegal substances are divided into classes that go from those that carry the harshest sentences to those that carry the least harsh sentences. For example, heroin and meth are on the strictest side of things, and charges related to prescription medications that include low percentages of codeine are the least strict. It can’t be emphasized enough, however, that Texas takes all drug charges exceptionally seriously, and you should do the same.
For example, if you’re found in possession of any amount of methamphetamine, the charge begins at the felony level. If the illegal drug in your possession, however, is less than two ounces of marijuana, the charge is misdemeanor, which can still carry steep fines and penalties.
What happens if I’m charged with DWI?
The charge of driving while intoxicated (DWI) relates to driving with a blood alcohol concentration (BAC) of .08 percent or higher. If the police, however, determine that your consumption of alcohol interfered with your ability to drive safely, you can face a DWI charge for a BAC as low as .05 percent in Texas.
If the DWI charge is your first and there are no circumstances that enhance the charge, such as having an elevated BAC, causing an accident that leaves someone injured, or having a child in the car with you at the time, there are certain consequences that you can generally expect, including the following:
- You’ll be arrested for DWI.
- You’ll have the opportunity to post bond, but the amount will be based on a wide range of variables, and having a prior record can make a big difference.
- You’ll post bond, will be released, and can consult with a savvy criminal defense attorney.
- Your legal counsel will spare no effort in their quest to have the charge against you dropped or seriously reduced.
If you are convicted, you will face fines, you can expect the cost of your car insurance to rise precipitously, and you’ll face a driver’s license suspension, which can throw a wrench into your life in terms of your job, your family, and your social life. There are also social consequences that attach to all criminal convictions.
How strict are Texas gun laws?
Texas is known for being especially gun-friendly, but this doesn’t mean that a gun charge isn’t a big legal deal – because it is. Texas has what’s known as constitutional carry, which means that anyone who isn’t otherwise barred from possessing a gun and who is at least 21 years old doesn’t need a license to carry a holstered gun on them in most public places. Having a license to carry, however, does extend some additional carry rights.
Most gun charges in Texas relate to possession, and they are generally charged as misdemeanors. A felon in possession of a handgun, however, is committing a felony, and using or having a gun during the commission of a crime can amplify the charge and the penalties you face considerably.
What is the difference between a misdemeanor and a felony?
It’s important to begin by saying that every criminal charge is a serious criminal charge that can directly affect your future. This said, the primary difference between a misdemeanor and a felony is that a felony is even more serious than a misdemeanor.
The dividing line between the two, however, is whether a conviction means serving time in jail or in prison. Misdemeanor and felony charges in Texas break down as follows:
- A Class C misdemeanor is a fine-only charge, and a conviction carries fines of up to $500.
- A Class B misdemeanor carries fines of up to $2,000 and up to 6 months in a county jail.
- A Class A misdemeanor carries fines of up to $4,000 and up to a year in a county jail.
- A state jail felony is a hybrid of a misdemeanor and felony that carries fines of up to $10,000 and a sentence of up to two years in a state jail facility.
- A third-degree felony carries fines of up to $10,000 and a sentence of 2 to 10 years in state prison.
- A second-degree felony carries fines of up to $10,000 and a sentence of 2 to 20 years in a state prison.
- A first-degree felony carries fines of up to $10,000 and a sentence of 9 to 99 years in state prison.
- A capital felony carries a sentence of life without the possibility of parole or the death sentence and only applies to capital murder cases.
What are the social consequences of a criminal conviction?
Having a criminal conviction on your record can lead to serious challenges in your future:
- Career: Many businesses review criminal records when hiring. You could also lose your current job or professional licensure.
- Education: You will not be able to apply for federal student loans, and you may have trouble with applications and campus housing.
- Housing: You may face additional barriers when renting or applying for home loans.
- Constitutional Rights: Convicted felons face restrictions on voting, gun ownership, and jury duty.
- Social Standing: Your standing in your community could take a serious hit.
In light of these consequences, it is best to build up a solid defense and try to avoid a conviction when possible.
What are my rights in a criminal case?
Regardless of the kind of criminal charge you are facing or the circumstances involved, which will be unique to your case, there are two primary steps that everyone in your situation should take, and they are both covered by your Miranda rights.
Your Rights Around Searches
The Fourth Amendment of the Constitution protects you from unreasonable searches and seizures. In practice, this means that the police cannot search you or your property without a warrant unless certain specific circumstances are met.
If you suspect you have been subject to an illegal search, a skilled criminal defense attorney can help you make a case to have some evidence excluded from your trial.
Your Right to Remain Silent
If you’ve been arrested, it’s important to keep in mind that the police who are questioning you are good at coaxing the kinds of statements they’re looking for out of the individuals they interrogate – and they’ll try to work their magic on you. The good news is that the only information you’re required to share is the basics regarding your identity. You have the right to remain silent, and it is in your best interest to invoke this right.
The police are required to read you your Miranda rights, but they aren’t required to remind you that you invoked your right to remain silent if you keep jabbering away. Your job is to let the police know you won’t be answering their questions and to remain silent. You may be tempted to speak, but it’s very unlikely to do you any favors, and you’re far better off waiting until you have professional legal representation backing you up.
Your Right to an Attorney
You also have the right to an attorney, and reaching out for the legal guidance you need sooner rather than later is always to your advantage. The last thing you should inform the police of before you invoke your right to remain silent is that you want an attorney. At this point, you’ve done your part to protect your rights in the face of a criminal charge before working closely with your dedicated criminal defense lawyer in focused pursuit of an optimal outcome.
What is alternative sentencing?
Alternative sentencing in Texas is based on the identified need of rehabilitating offenders and providing them with the treatment they need, rather than simply punishing them. The idea is to restore justice through means other than jail sentences, and the programs implemented are designed to address the underlying causes of crime rather than the criminal acts themselves.
Texas employs a variety of alternative sentencing options that include each of the following:
- Paying fines and facing monetary penalties
- Being put on probation or under house arrest
- Entering a rehabilitation program
- Going into a work release program
- Paying restitution, which generally involves compensating victims for the losses they incurred as a result of the crime
- Performing a specific number of community service hours
To qualify for alternative sentencing, there is a fairly lengthy list of requirements. These include that you complete a mental health evaluation and that you don’t have a prior criminal record. You must also demonstrate an authentic desire to remain sober or to be rehabilitated, and it must be established that rehabilitation would prove beneficial in your case. Finally, the crime itself must be nonviolent in nature.
Accepting alternative sentencing is completely voluntary, but doing so generally amounts to an admission of guilt. This sentence means that, while you won’t serve jail time, you will be required to fulfill all the terms of your alternative sentence. Failure to do so could land you in jail. Further, the charge will remain on your record until it’s expunged (if it’s eligible for expungement), and the expungement process can be legally complex in its own right.
The Most Important Step Is Reaching out to an Experienced Texas Criminal Defense Lawyer
Brett Pritchard at the Law Office of Brett H. Pritchard is a knowledgeable criminal defense attorney who is well acquainted with the challenges you’re facing and has the legal skill, insight, and drive to make a difference in the outcome of your case. Your future is too important to leave to chance, so please don’t hesitate to contact us online to schedule a FREE consultation and learn more about how we can help you today.
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