FAQs — Criminal Cases
What can you do for me in my criminal case?
The first and most important thing I can do for you is be in your corner. Often times in criminal cases there is no one on your side. The State of Texas has vast resources and they can and will use those resources against you. I am often the only one standing in the way. The next thing I will do is give you an in-depth analysis of your case, access the strengths and weaknesses of your case, and inform you of any potential procedural or legal violations by the police or prosecution. I will then advise you of the potential courses of action, which may include Motions to Suppress evidence in your case, plea bargain negotiations, or trial. At trial, my goal is to raise doubt as to your guilt and I will fight to preserve the notion of innocence until proven guilty. That’s why I am the Defender of the Defenseless.
Can you guarantee my case will be dismissed at trial or that I will be found Not-Guilty at Trial?
There is no way for any attorney to ever guarantee any particular result in any case, and any attorney that tells you so is lying to you. My mission is to give every single case my expert legal attention and advise you of your best course of action. Often times I am able to secure dismissals and favorable results at trial, but every potential client is informed that I cannot guarantee particular results. Every case is different, and so is every client.
Will I get my bond back after my criminal case is over?
In a criminal case, the bond you post to get out of jail is meant to ensure your appearance in court to handle your charge(s). Once the case is resolved, whether the case is dismissed or you enter into a plea bargain agreement, the bond is discharged. If you paid a cash bond, you will get that money back when the case is disposed. If you used a Bail Bonds company, however, then you will not get anything back as you only paid a small percentage (usually 10%) of the total bond amount and the Bail Bond company posted the rest on your behalf.
The police officer didn’t read me my Miranda rights when he arrested me, does that mean my case will be dismissed?
Unfortunately, that’s not how it works. An officer doesn’t need to read you the Miranda warnings until you are both in custody and being questioned by the police with the intention that your answers will be used against you at trial. Much of the distinction about when an officer needs to read Miranda comes down to a.) What type of encounter you are having with the police and b.) What type of information they are asking you. Please see our Blog on this topic entitled “Miranda Warnings: When are they required?”
The complaining witness wants to drop all charges against me in my criminal case. How do we go about that?
Keep in mind that in any criminal case, while the complaining witness (CW) may have been the one that initiated the charges by calling the police, the case is technically between the State of Texas and you. This means that the complaining witness doesn’t have all the power to just drop the charges and the state doesn’t have to do so just because the CW no longer wants the case to move forward. However, there are ways to convey to the State that the CW is no longer interested in prosecution through what’s called an “affidavit of non-prosecution” or ANP. With an ANP on file, it is possible for me to work out dismissals with the District Attorney under certain circumstances and to avoid the risk of trial.