What should I look for in hiring an attorney?
What's a fair price to pay for an attorney?
I've been charged with a crime, what do I do now?
What happens when I go to court?
What happens if I plead guilty?
What is the difference between probation and deferred adjudication?
There is a warrant for my arrest, what should I do?
What if my case is set at "no bond"?
If the police did not read me my rights, will my case be dismissed?
I've been arrested for DWI. How can I save my Driver's License?
What should I look for in hiring an attorney?
You need a lawyer with experience in the area of law where your problem exists. For example, when facing criminal charges, you need a lawyer experienced in criminal law. Not all lawyers are experienced in this area. This is a specialized area of law that follows different rules and procedures. You need a lawyer who understands your case and is able to effectively protect your rights.
At Capitaine, Shellist, Warren & McAlister, LLP, our lawyers are experienced in criminal law. Our lawyers are former Chief Harris County Prosecutors who have handled thousands of criminal cases. We work together on each client's case to give you the benefit of three minds and not just one.
Be certain to ask your lawyer how many cases he has actually tried, not just plead out. You want a lawyer who will fight for your rights; not just roll over at the Government's first offer. And beware-if on your first meeting, a lawyer guarantees you a certain outcome, run as fast and as far away as possible. It is unethical and impossible for a lawyer to predict the exact outcome of your case without having a chance to review all of the evidence and speak with the Prosecutor.
What's a fair price to pay for an attorney?
That's a difficult question to answer. Legal fees are an important factor in choosing your lawyer, but do you really want the cheapest attorney when your freedom and liberty are on the line? The old adage you get what you pay for is certainly true when it comes to legal fees. Quality representation is what you should seek to find, but that representation should come at a fair price. Lawyers come in all shapes, sizes and prices. Be sure to choose a lawyer or a firm that you feel comfortable with. Listen to your instincts and use common sense. If you had a difficult time getting a hold of the lawyer prior to hiring him/her, do you really think it will improve once they have been retained? Again, this is a very important time in your life so choose wisely.
I've been charged with a crime, what do I do now?
It is very important that you consult with an attorney as quickly as possible. You have constitutional rights that need to be protected. Depending on the type of case, legal motions and requests may need to be filed immediately.
If you have not yet posted bond, you need an attorney to review your case and determine whether or not your bond can be lowered, thereby potentially saving you thousands of dollars in bonding fees. This is a critical time to consult an attorney otherwise you could end up being arrested on the warrant and spending more time in jail waiting to bond out (or spending more money by getting arrested while driving and then having your car towed and stored, incurring additional expenses).
If you have posted bond, or if you have a loved-one in jail who is unable to bond out, your attorney needs to begin working on preserving critical evidence that may aid in your defense.
What happens when I go to court?
Your first court setting is usually called the "arraignment." This used to mean that the court would tell you what you were charged with and the range of punishment for that offense. Some judges, especially in Harris County, forego the formality of an arraignment. In those courts, your attorney will simply give you that information.
This is also an opportunity for your lawyer to gather information about your case by reviewing the District Attorney's file. In Harris County, the District Attorney has an open file policy, allowing defense attorneys to view the police report and other evidence associated with your case. Also, at this time, the District Attorney may make a plea offer in an attempt to "plea-bargain" the case and avoid a trial.
This setting will almost always result in a reset of your case to a future date. This is usually necessary so that your attorney can gather additional information, talk to witnesses, and test the state's case and evidence. The State is also gathering evidence and usually asks for resets to enable them to build their case.
What happens if I plead guilty?
That depends upon the offense. Sometimes your lawyer will be able to "plea-bargain" for a lesser charge or a lesser sentence. The range of punishment ultimately depends upon the conviction offense. The following list gives the range of punishment by class of offense:
Class C misdemeanor (tickets): fine only, amounts vary by offense
Class B misdemeanor: up to 180 days in jail and/or up to $2,000 fine
Class A misdemeanor: up to one year in jail and/or up to $4,000 fine
State Jail felony: minimum 6 months in state jail, maximum 2 years in state jail, without credit for "good time", and up to $5,000 fine
3rd degree felony: minimum 2 years in prison, maximum 10 years in prison and up to $10,000 fine
2nd degree felony: minimum 2 years in prison, maximum 20 years in prison and up to $10,000 fine
1st degree felony: minimum 5 years in prison, maximum 99 years or life in prison and up to $10,000 fine
**Note: This list serves as only a baseline for punishment-certain enhancements (prior criminal history or aggravating circumstances) can increase the punishment range by increasing the minimum time, the maximum time, or both. And, some clients will qualify for probated sentences or deferred adjudication in lieu of jail/prison sentences.
Because the punishment range depends upon the conviction, this is where an experienced lawyer can help. As experienced criminal trial lawyers, Capitaine, Shellist, Warren & McAlister, LLP will work towards the best possible outcome, which might include a dismissal or a plea to a lesser charge which means a lesser sentence.
What is the difference between probation and deferred adjudication?
Probation refers to "community supervision." In a probation case, the defendant is found guilty (i.e. convicted) and sentenced to a period of time in jail or prison; however, the jail time or prison time is "probated" or suspended, meaning put on hold. Probation time can range from 6 months on a misdemeanor to 10 years on a felony. During the probation period, the defendant meets with a probation officer and is monitored closely to ensure compliance. Some of the rules of probation include: commit no offenses, perform community service hours, pay a fine, pay court costs, not use drugs or alcohol, provide random urine tests, attend counseling or therapy, work faithfully or attend school full-time. Other rules often apply but are based on the particular offense. And, for any probation, the judge may order some jail time as a condition of the probation. At the end of the probation term, if the defendant is successful on probation, the judge will release the defendant from probation; however, if the defendant violates probation, he is subject to being sentenced to jail or prison for the period of time originally assessed. Probation gives a defendant the opportunity to stay out of jail or prison and be a productive member of society.
Deferred Adjudication refers to a form of community supervision wherein there is no finding of guilt and no conviction, so long as the period of supervision is successfully completed. For practical purposes, it is the same as being on probation, with the same conditions listed above. HOWEVER, the difference is the judge "defers" the finding of guilt-the judge applies a wait and see philosophy. If the supervision is successfully completed, there is no finding of guilt and no conviction. But, if the defendant violates the supervision, the judge can find the defendant guilty and sentence him accordingly-a conviction.
Because a successful deferred adjudication is not a conviction, in most cases it cannot be used against the defendant in the future to enhance punishment. The current law even allows most deferred adjudications to be "sealed" as a non-public record after a certain period of time. This is an important advantage because once the record is sealed (or made non-public) the defendant can deny the arrest, charge, and period of supervision-it need not be disclosed.
Consult your attorney to find out if deferred adjudication or probation is applicable to your case and if you should consider it as an alternative to a final conviction. While it may sound like a great option, it is not always the best alternative.
There is a warrant for my arrest, what should I do?
Contact an attorney as quickly as possible. Your attorney may be able to assist in getting a bond set for you or getting the court to reduce the amount of bond in your case. This may save you thousands of dollars in bonding fees. Also, your attorney will be involved from the very beginning to safeguard and protect your rights. In some cases, your attorney will be able to prevent your incarceration by working with a bonding company to post a "no-arrest" bond.
What if my case is set at "no bond"?
Again, contact an attorney as quickly as possible. Your attorney will be able to assist you in getting a bond in almost all cases. Your attorney will appear with you in court and request a bond as you surrender to the court. You should also have a bonding company accompany us to court to post your bond as you are surrendered to the court.
If the police did not read me my rights, will my case be dismissed?
Most likely not. These "rights" are referred to as Miranda rights, coming from a Supreme Court case Miranda v. Arizona. The Supreme Court stated that police must inform suspects of their rights prior to interrogating or questioning a suspect in custody (that familiar phrase: "you have the right to remain silent; anything you say can and probably will be used against you at your trial; you have the right to have a lawyer present prior to and during any questioning; if you cannot afford a lawyer, one will be appointed for you; and you have the right to terminate the interview at any time").
When the police fail to read your rights, the effect is simply that your answers to questions made by the police while you were in custody are suppressible. This is where it is important to hire an experienced lawyer who can deal with the suppression issues. If successful in suppressing the evidence, it may result in a dismissal. Whether or not your case will be dismissed depends upon the other evidence available to the prosecution.
I've been arrested for DWI. How can I save my Driver's License?
Your driver's license is subject to suspension if you refuse to submit to a breath or blood test when requested by an officer following an arrest for DWI or a DWI related offense. Your license is not automatically suspended. You have a right to request a hearing and, in the event you fail to request a hearing, your license will be suspended. Always request the Administrative License Revocation (ALR) hearing. Your lawyer should do this for you, as well as request the discovery of any and all documents the Department of Public Safety (DPS) prosecutors will rely on in attempting to suspend your license. To preserve your right to drive in Texas, you must request a hearing within 15 days of the date you were served with a Notice of Suspension. In most cases this is the day of your arrest. If you timely requested a hearing to contest your license suspension, you will be able to continue to drive until an Administrative Law Judge rules against you and suspends your driver's license. If you lose the hearing, your driver's license will be suspended and you cannot drive unless you obtain an essential needs (occupational) driver's license. You can request either an in-person hearing or a telephonic hearing. In many cases it is advisable to request an in-person hearing and issue a request for a subpoena for the arresting officer's presence in court. Additionally, requests for subpoenas can be filed for other officers involved in the case. This can give you a preview of your DWI trial, a rarity in criminal cases. At other times, it may be more prudent to request a telephonic hearing and forego the appearance of the officers in the ALR court. This is a very important decision and one that should certainly be discussed with your lawyer. These hearings are very technical and victory, more times than not, hinges on your lawyer's ability to identify and present a technical mistake made by the officer or by the DPS prosecutor.
In the event your license is suspended, you may be eligible to receive an occupational driver's license. This can be obtained by filing a petition. If granted, the judge will set the hours you may drive during each day. The total number of hours the judge may allow you to drive during each day is 12, but more often than not, the judge limits the hours to the hours necessary for getting to and from work, school, grocery store, etcetera. Once the judge signs the order, you may drive with a certified copy of the written order for a period of 30 days. In the meantime, you should send a copy of the order along with an SR-22 form your insurance carrier to the Department of Public Safety (DPS), in Austin. DPS will thereafter issue an Essential Needs (or occupational) License and mail it to you. Once the period of suspension expires you cannot get your actual driver's license back until you pay a reinstatement fee. Once this is paid, DPS will mail you your license.
