Could Hiring a Houston Criminal Defense Attorney Change the Outcome of Your Criminal Charges?

As most any Houston criminal defense attorney knows, the reaction of most people to criminal charges being filed against them is shock, disbelief and anxiety. Suddenly a future is unclear and lives may be changed forever. A Houston criminal defense attorney also understands that good people make bad decisions and often times those people deserve a second chance. If you have been charged with a criminal offense in the Houston or Harris County area, it could be beneficial to speak with a knowledgeable Houston criminal defense attorney. Although the state of Texas certainly differentiates between misdemeanor and felony charges as far as penalties and consequences, in truth any criminal conviction can have far-reaching consequences to your life.

Your Houston criminal defense attorney can explain the three levels of misdemeanors in Texas (Class A, B and C), however in general a DWI is a class B misdemeanor, punishable by up to six months in jail. Second DWI offenses can be bumped up to a Class A misdemeanor. Further examples of a Class A misdemeanor include assault, resisting arrest, evading arrest, furnishing alcohol to a minor, shoplifting—depending on the value of the items taken—and prostitution. A Houston criminal defense attorney can also protect clients in the event of criminal felony charges. The varying degrees of criminal felony charges include a state jail felony (punishable by up to 180 days to 2 years in a state jail and a $10,000 fine), a 3^rd degree felony (punishable by 2-10 years in prison) a 2^nd degree felony (subject to 2-20 years in prison), and a 1^st degree felony (punishable by 5-99 years or life in prison).

Lesser—yet still very serious—criminal charges which can benefit from the services of a Houston criminal defense attorney, include domestic violence, warrants, some drug crimes, criminal mischief, criminal trespass, theft, white collar crimes, DWI, appeals, juvenile crimes and prostitution charges. Most everyone who is arrested on criminal charges are frightened and stressed out—and rightfully so. A reputable Houston criminal defense attorney can help reduce those fears as well as potentially changing the outcome of criminal charges. Your Houston criminal defense attorney will explain and protect your rights from start to finish while offering the benefit of experience with your particular criminal offense.   

Can a Texas ALR Attorney Change the Outcome of Your Hearing?

As any experienced Texas ALR attorney can tell you, in addition to protecting your driving privileges, there is an equally compelling reason to request an Administrative License Revocation (ALR) hearing—to better defend yourself against the criminal DWI charges pending. Further, a skilled Texas ALR attorney may turn the tide in your favor, allowing you to avoid a suspension of your license. By attending your ALR hearing—and thus challenging your license revocation, your Texas ALR attorney has the opportunity to use the information presented in the ALR hearing to better prepare your criminal DWI case.

The Process of the ALR Hearing and How a Texas ALR Attorney Can Help

When you were arrested for DWI, the Texas Department of Safety will suspend your driver’s license within 15 days unless you—probably through your Texas ALR attorney—request an ALR hearing. It is important to remember that your license suspension is automatic, unless this request is made, in writing, within this narrow window of time. Should you neglect to request an ALR hearing within this 15 day deadline, the suspension of your driver’s license will begin automatically on the 41^st day after DPS received notice. Once your Texas ALR attorney requests a hearing, however, there will be no action taken on your license until the hearing has taken place. Further, should the decision not be in your favor, your Texas ALR attorney can request an appeal, and your suspension will be delayed for an additional 90 days. As you can see, there is every reason for you to request and ALR hearing and virtually no reason to not request the hearing.

The burden of proof at the ALR hearing is on the state of Texas. As your Texas ALR attorney can explain to you, DPS must show: there was reasonable suspicion to stop you, you were in physical control of the car, you were placed under arrest and were given the opportunity to give blood or take a breathalyzer test and, if you consented to the tests, that the results showed a BAC above 0.08%.  Your Texas ALR attorney will, obviously, argue to the contrary on all these issues and may raise other issues regarding the field sobriety test, whether you were properly Mirandized and whether the officer was trained in the administration of the breathalyzer test. The ALR hearing can be extremely intimidating, therefore having an experienced Texas ALR attorney by your side can lessen the anxiety. 

Houston ALR Lawyers Helping Those in Trouble

Those who consult Houston ALR lawyers regarding their Administrative License Revocation Hearing, are likely to experience a better outcome, both at their ALR hearing and at their criminal DWI trial. Those who are stopped in Texas under suspicion of DWI and placed under arrest are given fifteen days in which to request an ALR hearing. While it is possible to file the paperwork and attend the hearing without benefit of Houston ALR lawyers, it may not be in your best interests. Houston ALR lawyers have attended hundreds of ALR hearings and are well-versed in the process.

It is understood by your Houston ALR lawyers that DPS will present its evidence against you during the hearing—and that the state of Texas has the burden of proof. The hearing will be presided over by an Administrative Judge who is also an experienced Texas attorney. The Judge will listen to both sides, and will give your Houston ALR lawyers the opportunity to rebut any evidence presented by the State. If the police officer who stopped you and placed you under arrest neglects to show up at your ALR hearing, then any documents which were signed by the officer will be considered inadmissible at the hearing. If the officer is present, your Houston ALR lawyers will have the opportunity to question the officer as to whether proper procedures were followed and you received a proper Miranda warning.

The fifteen-day time limit in which to file for an ALR hearing is non-negotiable; no excuses are allowed for missing the deadline.  Should the fifteen-day deadline be exceeded, your license will automatically be suspended beginning on the 41^st day after DPS first received notification of your DWI arrest. A well-qualified Houston ALR lawyer will meet all deadlines in a timely manner and will also have the opportunity to get a good handle on the case the State has and will present in your criminal case. Should the Judge rule in your favor, you will automatically have your license returned. In the event the Judge rules against you, your Houston ALR lawyers will have the opportunity to lodge an appeal, during which you have 90 days before your license will be suspended. Speaking to Houston ALR lawyers may give you a chance to tip the scales in your favor, allowing you to have your license reinstated.

The Benefits of Speaking to Texas Assault Lawyers

Charges of assault in the state of Texas are very serious and can have far-reaching consequences, particularly for those who don’t take advantage of the knowledge and experience of Texas assault lawyers. There are varying types of assault: the term “assault” in the state of Texas encompasses the term known as assault and battery. Texas residents can also be charged with aggravated assault, domestic assault, or assault with a deadly weapon, all charges which benefit from the services of Texas assault lawyers. Simple assault can be charged when there is an intentional threat of violence, even when no actual infliction of violence was committed on the alleged victim. Threats of violence or minor levels of unwanted contact are generally charged as a Class C misdemeanor—still a serious criminal charge warranting the advice of Texas assault lawyers.

Texas assault lawyers can explain the other levels of assault charges and penalties such as:

·         When serious physical harm resulted from the assault, the defendant could be charged with a second-degree felony; a conviction carries a penalty of 2-20 years in prison and a fine as large as $10,000. When actual physical harm was inflicted on the alleged victim, and that victim is a police officer, a government official, a public servant or an EMT, the crime can be charged as a third-degree felony.

·         Regarding threats of violence or unwanted contact which do not result in serious bodily harm, the Class C misdemeanor charges can increase to a Class A misdemeanor when the victim is elderly or disabled. The Class C misdemeanor can increase to a Class B misdemeanor if the alleged violence or unwanted contact is against an athlete or sports official.

·         The eventual penalties associated with an assault conviction can vary depending on such issues as: the victim’s relationship to the defendant, any past convictions, whether strangulation or suffocation was involved, whether the defendant or the victim are public servants, and even whether the defendant was in a motor vehicle at the time of the alleged assault. 

Assault lawyers in Texas can offer significant benefits to those charged with assault, particularly in offering plausible defenses should a jury trial ensue. If there was little or no actual injury inflicted on the alleged victim, if the defendant was mistakenly identified, or if the defendant acted in self-defense, Texas assault lawyers can attempt to have the charges dropped or at least lessened. Well-qualified Texas assault lawyers care about your future and will fight aggressively for your rights.

A Criminal Defense Attorney in Texas Can Alter the Outcome of Your Criminal Charges

Those who have been arrested and charged with a criminal offense should be aware of several things when making the decision whether to hire a criminal defense attorney in Texas. Literally thousands of people are unfairly convicted of crimes each year in America due to the immediate disadvantage our justice system bestows. Those without a Texas criminal defense attorney by their side will face experienced, government-funded prosecutors as well as jurors who are eager to assume guilt and be on their way home. The state of Texas has the resources to have unlimited staff as well as bringing in experts to prove their case. A criminal defense attorney in Texas can help level the playing field, working for the best-case scenario, regardless of your specific crime or the circumstances surrounding the crime.

Reducing Your Anxiety With a Texas Criminal Defense Attorney

Having an experienced criminal defense attorney in Texas by your side from the very beginning can change the course of the prosecution against you, and may result in a much more favorable outcome. Once law enforcement personnel feel they have sufficient evidence against you, they may ask a judge to sign a warrant for your arrest, and you will soon find yourself in handcuffs, headed for a Harris County jail cell. This is, understandably, an incredibly frightening experience, and one that can be made less frightening by the presence of a knowledgeable Texas criminal defense attorney.

As your Texas criminal defense attorney will likely explain to you, it is never a good idea to speak to the police or the prosecution other than politely answering the most basic questions such as your name and address. From that moment on, ask for an attorney and decline to answer any other questions. As the Miranda Warning states, anything you say can and will be used against you in a court of law—take this to heart, and don’t think you can talk your way out of your charges.

Whether you have been charged with a less serious criminal offense—such as shoplifting, DWI, juvenile offenses or prostitution—or more serious criminal offenses such as assault, weapons charges, manslaughter, sex crimes, serious drug offenses or murder, your Texas criminal defense attorney can help you understand the progression of your charges. Once you have a criminal defense attorney in Texas by your side, your Houston criminal charges may not feel quite as alarming, so choosing an attorney quickly—and wisely can be beneficial to your future.