Thursday, October 31, 2013

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 criminaldefense 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. 

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 41st 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.