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Frequently Asked Questions
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What should I do if I am arrested?
- If you have been arrested, you should remember that you have valuable
rights, including:
- the right to remain silent and not make any statement to the police;
- the right to consult with an attorney prior to and during any questioning
by the police;
- the right to terminate police questioning at any time;
- the right to refuse to perform police administered field sobriety
tests or breath/blood tests;
- the right to consult with and retain the services of an attorney
of your choice; and
- the right to require the State of Texas to prove your guilt to
a jury beyond a reasonable doubt.
- Before waiving any of these rights, you should speak with an experienced
criminal attorney!
- While you should always be respectful and courteous to the police,
do not rely on the police to protect your interests or to be impartial.
You would not be in custody if they did not already have their minds made
up concerning your guilt.
- If you are under investigation for a crime or have been arrested,
please call 972-434-1555 or (972) 754-9723 immediately
to schedule your free initial consultation!
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After I have been arrested, how do I get out of jail?
- If you are in custody, you will not be released until you post
a bond. A bond is a promise by the Defendant to appear in court as required.
The following types of bond are permitted:
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Personal Recognizance Bond - The Defendant simply signs a
bond promising to appear in court without being required to post any
money with the court. This type of bond is rarely granted, except for
minor offenses.
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Cash Bond - The Defendant posts the entire bond amount with
the court. If the Defendant appears in court as required, then the entire
amount of the bond is refunded to the Defendant (less any administrative
fees, court costs or fines assessed by the court).
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Surety Bond - The Defendant enters into a contract
with a licensed bondsman and pays a non-refundable fee to the bondsman.
This non-refundable fee may vary, but is typically between 10% and 15%
of the total amount of the bond. In exchange for the payment of this
fee, the bondsman issues a surety bond insuring the Defendant’s appearance
in court.
- If you need assistance in locating a reputable bail bondsman, please
call 972-434-1555 or (972) 754-9723 immediately!
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What is a misdemeanor?
- A misdemeanor is a type of criminal offense, traditionally referred
to as a "minor" offense. While this may be true in relative terms, most
misdemeanor offenses expose a person to the risk of major consequences.
Misdemeanor offenses are classified in one of three possible categories:
| Class |
Punishment Range |
Some Examples of this Class of Offense |
| A |
Up to 1 year in county jail, and/or a fine of up to $4,000 |
DWI (2nd offense), Assault/Bodily Injury, Violation of
a Protective Order, Theft $500 to $1500, Unlawfully Carrying a Weapon, etc.
|
| B |
Up to 180 days in county jail, and/or a fine of up to
$2,000 |
DWI, Driving While License Suspended, Possession of Marijuana
<2oz., Theft $50 to $500, Theft by Check <$20, Evading Arrest, etc. |
| C |
No confinement;
a fine of up to $500
|
Speeding and most traffic violations, Public Intoxication,
most Alcohol offenses involving a Minor, Assault/Contact, Theft under $50,
etc. |
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What is a Felony?
- A felony offense is more serious than a misdemeanor, and is punishable
by State jail or prison time instead of local County jail time. A felony conviction
may also have severe collateral consequences, including ineligibility for many
types of employment and loss of rights of citizenship such as voting and jury
service, just to name a few. Felony offenses are classified in one of five possible
categories:
|
Degree
|
Punishment Range
|
Some Examples of this Degree of Offense
|
|
Capital
|
Life in state prison or Death
|
Capital Murder
|
|
First
|
Life or 5 to 99 years in state prison, and up to $10,000
fine
|
Murder, Aggravated Robbery, Aggravated Sexual Assault,
Aggravated Assault of a Public Servant, Possession/Delivery of Controlled
Substance, etc.
|
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Second
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2 to 20 years in state prison, and up to $10,000 fine
|
Manslaughter, Aggravated Assault, Indecency with a Child,
Sexual Assault, Burglary/Habitation, Possession/Delivery of Controlled Substance,
etc.
|
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Third
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2 to 10 years in state prison, and up to $10,000 fine
|
DWI (/w 2 prior convictions), Assault/Family Member (/w
prior conviction), Kidnapping, Possession/Delivery of Controlled Substance,
etc.
|
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State Jail
|
180 days to 2 years in state jail, and up to $10,000 fine
|
Burglary/Building, Credit Card Abuse, Evading Arrest /w
Vehicle, Theft $1500 to $20,000, Possession/Delivery of Controlled Substance,
etc.
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If I am convicted of a misdemeanor or felony, will I automatically
serve time in jail, or is probation an alternative?
- The most commonly recognized alternative to incarceration is community
supervision, also known as probation. If you are convicted of a misdemeanor
offense for the first time, you will probably receive probation. If you
are convicted of a serious offense, and/or have previous criminal convictions,
the probability of receiving probation diminishes. If you have been previously
convicted of a felony, you are not eligible to receive probation from a jury,
but may be eligible to receive probation from a judge.
-
What is the difference between "regular" probation and "deferred
adjudication" probation?
- "Regular" probation occurs when the court finds the Defendant guilty,
sentences the Defendant to a specific term of confinement within the available
punishment range, but suspends imposition of that confinement for a specific
period of time. During that time, the Defendant is required to abide by specific
conditions of probation (see below). If the Defendant violates a condition of
probation, they can be arrested and brought before the court for a hearing,
limited to a determination by the judge, regarding whether the alleged probation
violation is true or not. If the court finds that the probation violation is
true, the Defendant can be sentenced to the original term of confinement, or
sentenced to a reduced term of confinement, or continued on "regular" probation.
- "Deferred Adjudication" probation occurs when the court does not sentence
the Defendant to a specific term of confinement, but instead defers finding
the Defendant guilty for a specific period of time. During that time, the Defendant
has not been convicted of the offense and is also required to abide by specific
conditions of probation (see below). If the Defendant successfully completes
the conditions of probation, the proceedings are dismissed and the Defendant
is discharged from probation without ever receiving a conviction. While record
of the arrest, charge, and probation still exist, the Defendant avoids conviction.
If the Defendant violates a condition of probation, they can be arrested and
brought before the court for a hearing, limited to a determination by the judge,
regarding whether the alleged probation violation is true or not. If the court
finds that the probation violation is true, the Defendant can be continued on
"deferred adjudication" probation, or convicted based upon the original plea
and sentenced to confinement anywhere within the original range of punishment,
or sentenced to a reduced term of confinement, or continued on "regular" probation.
-
What conditions are normally imposed by the Court if I serve a
probation?
- Probation Conditions are established by the court, and may include "any
reasonable condition that is designed to protect or restore the community, protect
or restore the victim, or punish, rehabilitate, or reform the Defendant." The
following probation conditions are most commonly required at a minimum:
- Commit no offense against the laws of this State or of any other State or
of the United States;
- Avoid the use or consumption of drugs, controlled substances or alcohol
and submit to random drug or alcohol testing;
- Avoid persons or places of disreputable or harmful character;
- Report to a probation officer as directed (usually once per month) and pay
supervision fees (usually $50 per month);
- Permit the probation officer to visit you at your home or elsewhere and
notify them of any change of address or employment;
- Work faithfully at suitable employment and support your dependents;
- Remain within a specified place (usually the State or County);
- Pay your fine, court costs and restitution if applicable;
- Participate in a community service work program (location and number of
hours required can vary);
- Obtain drug/alcohol/psychological evaluations and participate in counseling
if applicable; and
- Education or counseling specifically related to the underlying offense.
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What happens if I violate a condition of my probation?
- Violation of any probation condition may result in the filing
of a Motion to Revoke Probation or Motion to Proceed with Adjudication of Guilt
and the issuance of an arrest warrant. The court will typically set a very high
bond, if any, on a probation violation. An attorney may be able to assist you
in getting a bond set or reduced. There is no right to a jury trial on an alleged
probation violation. You do have a right to a hearing before the court for the
sole purpose of determining whether the alleged violation of probation is true
or not. If the court determines that you violated your probation, the court
may either continue the probation or revoke probation and sentence you within
the applicable range of punishment. If you find yourself accused of a probation
violation, you should speak with an attorney immediately. An attorney can counsel
you concerning your rights, options, and possible defenses to your probation
revocation, or negotiate the most favorable resolution possible.
If you have any additional questions, please call 972-434-1555 or
(972) 754-9723 for your free initial consultation! |
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