Most criminal cases are resolved out of court, and yours probably will, too.
If you’re charged with a crime, understanding the legal basics can help guide you through the legal process with your rights intact and make a difference in the outcome. The most important step you can take is consulting with a criminal defense attorney.
Don’t Talk to the Authorities Before Consulting with an Attorney
If you have been arrested or detained by the police, they will likely tell you that they can’t help you if you don’t answer their questions. They may imply that if you talk, they can release you or lower your charge. However, the police can lie, and telling you that it’s best to respond is one of their favorite lies.
You have the right to remain silent – after answering identifying questions – and the right to an attorney, and you should invoke both to protect you as you progress through the criminal justice process.
Hire a Criminal Defense Attorney Quickly
If you have been charged with a crime, the stakes are high. The sooner you have professional legal counsel on your side, the better off you’ll be. Your attorney will help you in several ways:
- Ensuring that you know and invoke your rights
- Helping you navigate the legal process while avoiding case-damaging mistakes
- Gathering and compiling evidence to build your defense
- Getting the charge against you dropped or, barring that, negotiating with the prosecution for a favorable plea deal – when deemed beneficial
- Helping you make well-informed decisions
- Defending you in court if going to trial is best for you
Don’t wait to hire a criminal defense attorney.
Understand the Charge Against You
If you understand the elements of your charge, you’ll be better prepared to help your attorney reach a favorable resolution. Every criminal charge includes specific elements that must be present for a valid charge. If even one element is missing, the charge may be dismissed or reduced. Knowing the elements of your case can help you help your attorney craft a defense.
Lay Low While Your Case Is Pending
You’ve been charged with a crime, and it’s a good time not to draw attention to yourself. You should stay on the right side of the law while your case is pending, but there’s more to it.
Now is not the time to share your story on social media. The prosecution is skilled at twisting defendants’ words, and they can use anything you say. You have the right to remain silent, including on social media. The best practice is staying offline until your case is resolved.
It’s also wise to follow your bond stipulations, show up on time for court dates, treat the court with respect, dress conservatively, and allow your attorney to speak for you. Keeping yourself out of any unflattering situations is also smart.
Don’t Accept a Plea Deal before Carefully Considering the Implications
If the state offers a plea deal, it may feel like a lifeline you can’t refuse, but remember:
- Don’t accept a plea deal before you’ve discussed it with your attorney.
- When you accept a plea deal, it reduces uncertainty, but it is an admission of guilt on your permanent record.
- When the pros far outweigh the cons, plea deals can be a good option. However, heading to court is sometimes preferable.
Every criminal case is unique, and this decision must be made in the context of your case.
Common Criminal Charges in Texas
Defendants are most likely to face these criminal charges in Texas.
DWI
A first driving while intoxicated (DWI) charge is a serious matter, but the consequences of a second, third, or even fourth DWI charge are even worse. If you drive with a blood alcohol content (BAC) of .08 percent or higher or if your driving is determined to be affected by alcohol, you can face serious consequences, including jail time, steep fines, driver’s license suspension, and social repercussions that can haunt your future.
Sexual Assault
Sexual assault charges in Texas include these elements:
- The accused acted intentionally or knowingly
- The accused penetrated the victim in a sexual manner without consent.
For consent to apply, the person must be at least 17 years old and of sound mind, meaning able to appreciate the consequences of having sex. For example, someone who is seriously impaired isn’t capable of providing consent.
In Texas, the age of consent is 17, which means that anyone younger is incapable of consenting to sex – except in specific instances when the partners are very close in age.
Drug Charges
In Texas, you can face serious charges for possessing, manufacturing, distributing, or trafficking a controlled substance. The penalties for possession are based on the amount and classification of the drug. Drugs are grouped by risk level. If the charge isn’t your first, the sentence can be enhanced.
Manufacturing, distributing, and trafficking charges are even more serious.
Domestic Violence
Domestic violence laws break down into three categories.
Domestic Assault
Domestic assault refers to an act of violence or a credible verbal threat of violence against someone with whom you have a close relationship:
- A current or former spouse or romantic partner
- Someone with whom you share a child
- A child of a current or former spouse
- Direct and adoptive relatives
- Current or former household members
Aggravated Domestic Assault
The charge is elevated to aggravated domestic assault if the victim suffered serious bodily injury from the domestic assault or if the accused used a deadly weapon to cause or threaten bodily harm.
Continuous Violence
When a defendant has multiple domestic violence charges on their record, another incident can lead to the charge of continuous violence against the family, even if the prior charges didn’t lead to convictions.
FAQ About Criminal Charges
If you’re facing a criminal charge, you have questions. The answers to those we hear most frequently may also help you.
I’m Innocent. Should I Answer the Officer’s Questions?
If you’ve been arrested or detained, you should always exercise your right to remain silent – unless your attorney has advised you otherwise. The police can twist what you say, what you don’t say, your demeanor, your level of nervousness, and more. Limiting your responses to a request for an attorney is best.
When Are the Police Required to Read Me My Rights?
The police don’t have to Mirandize you (read you your rights) unless they arrest or detain you. If you aren’t in formal custody, the officer questioning you isn’t required to read you your rights, but anything you say can – and will – be used against you if you are charged.
Your rights to remain silent and request an attorney apply even if the police haven’t officially told you. If you’re being questioned, it’s time to invoke these rights.
It’s Only a Misdemeanor. Is It that Big of a Deal?
Misdemeanors are serious and can have long-lasting consequences. Misdemeanors and felonies generally differ in the attached sentencing. Misdemeanors typically include sentences of up to a year in jail while felonies carry over a year in prison. While both carry steep fines, the fines associated with felonies are generally higher.
Serving jail time and paying fines is harsh, but so are the overall social implications of a misdemeanor conviction:
- It can tarnish your reputation.
- It can affect your ability to rent an apartment or house or to get a home loan.
- It can limit your access to federal grants and loans for higher education.
- It can affect or void your professional licensure.
If you are facing a misdemeanor, the stakes are too high to leave to chance.
How Do Federal Charges Differ from State Charges?
Federal charges cover more serious offenses or offenses that cross state borders. If you’ve been accused of a federal crime, you can expect a more complicated process for your case – and more severe consequences if you are convicted. As such, it’s a good idea to work with an attorney.
Is It Worth Fighting the Charge If They Caught Me in the Act?
Even if you think you were caught red-handed, you have important rights that are worth protecting and that can make a difference. Your case is complex, and with legal representation, the charge you perceive as solid may not be so sure. Foregoing your right to a criminal defense is never wise.
Will My Case Go to Trial?
Most criminal cases are resolved out of court, and yours probably will, too. Your attorney’s goal will be having the charge against you dropped, but barring this, a plea deal may be advantageous. However, making a deal – regardless of how favorable – is admitting guilt. Your attorney will help you make the right choice – whether that means accepting a plea deal or heading to trial.
Consult with an Experienced Criminal Defense Attorney Today
While you can choose to represent yourself in criminal matters, it is not a good idea to do so. You need the guidance of an experienced Texas criminal defense attorney. Call us at (254) 566–3358 or contact us online for a FREE consultation.
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