Houston Criminal Attorney
Criminal FAQ's
- "Officer, I would like to speak to my lawyer immediately."
- Why is it so risky to talk to the police?
- What is the difference between state and federal court?
- What should I do if I am arrested?
- How do I go about hiring a lawyer? What if I cannot afford a lawyer?
- What do I do if I'm unhappy with my present lawyer?
- How long will it take to resolve my criminal case?
- What if they did not read me my rights, is the case going to be thrown out?
- After I am read my Miranda rights, can I be questioned?
- Can you tell me more about the federal court system?
- When should I see a lawyer?
- What is bail and how do I get out?
- How much should I expect my bail to be?
- What kind of punishment can I expect?
- What should I do if I'm not a United States citizen?
"Officer, I would like to speak to my lawyer immediately."
Before you say anything to a law enforcement agency, memorize the statement above. If you are arrested, repeat this statement exactly, over and over again, until the police allow you to contact you're lawyer. When you are arrested, this is Rule #1: Don't tell them anything!
Why is it so risky to talk to the police?First of all, re-read the statement above, and always remember that you shouldn't tell the police anything without talking to your lawyer first. Police are specially trained to interrogate you. If they suspect that you have committed a crime, they will do everything possible to get a confession out of you. Regardless of what they taught you in school, the police are not your friends in this situation! They will tell you lies that will make you think that there is no way you could ever prove that you are not guilty. They will isolate you, and then act like they are your friends and they are there to help you. They will tell you that this is your opportunity to give your side of the story. In order to give you this feeling of friendliness, they will minimize guilt and say that they understand and that this is your one opportunity to tell your side of the story. They will lie and act like they want to help you, when truthfully they are just interested in getting you to admit to the crime, even if you are totally innocent of the crime. The police have special techniques to increase levels of stress and anxiety upon you and make you believe that admitting to the crime is the best way out. A detective will isolate you from your friends and any supportive relationships. He will demonstrate that he is in complete control of the interrogation process, and will accuse you of committing the crime. Then he will express his unwavering confidence in his belief that you are guilty of the crime, by way of saying things like "We're not here to discuss if you did it, but why you did it." He will tell you all kinds of lies about all the evidence that the police have against you, and will continue to tell you that no one will believe your protestations of innocence. If he asks you to submit to a stress analysis or a polygraph test, it will not show your innocence, it will only be used to skew your statements and show that you are guilty.
As you can imagine, only a fool would talk to the police without a lawyer. They might have one, two or even three detectives interrogating you at one time, then they might leave you alone in a room while they watch you sweat through a two-way mirror. These detectives are highly trained with psychological techniques to break you down and make you confess to crimes, whether you committed them or not. Once again, at every opportunity, ask to speak to your lawyer immediately. About the only right that you have at this point is the right to stay silent and a right to a lawyer. It is truly amazing how few people exercise this right when they are arrested. Do not talk to the police, keep quiet, and ask to speak to Tad Nelson and Associates at 1-888-765-5614.
What is the difference between state and federal court?Click here for the structure of both court systems.
What should I do if I am arrested?Being arrested can be a horrible experience. It can be an embarrassing, shocking and ultimately a very costly encounter. Every time the police give you a chance to speak, you should immediately request an attorney. When speaking to the police, always be courteous and polite, but let them know up front that you are not talking, have no intention of talking, and no matter what they say or do you will not change your mind. Do not succumb to your immediate desire to "just get out of there." Always remember that the only reason they want you to talk is for you to help them convict you.
How do I go about hiring a lawyer? What if I cannot afford a lawyer?First and foremost, you should retain the services of a lawyer as soon as possible after your arrest. We cannot stress this fact enough. If you cannot afford the services of a lawyer, one will be appointed to you by the court. However, if you can find the money to hire your own lawyer, do it immediately. The court-appointed lawyer is a random "crap-shoot" and the quality of his services will be very much up in the air.
That being said, you want to make sure that you do not hire the wrong attorney. Don't follow the mistake of millions before you by opening the yellow pages and call the first person that you see. While you might save a few dollars shopping for the lowest price, you may end up paying more in the end if your average lawyer gets you a conviction. Be sure to look for a lawyer that is experienced, respected, and board certified.
What do I do if I'm unhappy with my present lawyer?Being unhappy with your present lawyer puts you in a very difficult situation. You should discuss your concerns with your present lawyer first and foremost. Be sure to review your written fee agreement before you do anything, as there may be penalties associated with breaking the agreement. If you cannot resolve your differences with your current lawyer, than you may want to consult another attorney in order to obtain a second opinion. You always have the right to fire your lawyer, but changing lawyers may present significant problems for you depending on how far your case has progressed. It is important to address any differences with your lawyer as soon as they come up, so that these problems will not interfere with a successful defense of your case. If you wait until your case goes to trial, it may be very difficult to obtain a satisfactory solution to your problem while getting an adequate defense for your case.
How long will it take to resolve my criminal case?The amount of time required is going to vary considerably depending on the type of case, whether it is in state or federal court, the particular judge and prosecutor, whether the accused is in jail or is free on bond, the number of people involved, whether the media is covering the case, the court's area of jurisdiction, and the general complexity of the case. Each of these factors may affect the amount of time that it will take to resolve your criminal case.
A criminal case really begins long before you appear in court for the first time. A law enforcement agency may begin working on a case weeks, months or even years before the case is actually filed with the prosecuting authority. If you are aware of a law enforcement investigation of you or your family, you should contact an attorney immediately in order to preserve your rights and your defense during this crucial time. This is particularly true in cases being handled in federal court.
Most importantly, resolving a criminal suit is not a race. For the most part, you are not rewarded for resolving a case quickly, as the goal is to receive the best result, not a fast result. Due to the fact that the outcome of the case will be with you for the rest of your life, and you only get one chance to get it right, it is extremely important not to do something for the sake of time that might jeopardize your freedom. Some cases, especially felony and/or capital cases, take an extraordinary amount of time to resolve, and sometimes even small cases take time to prepare and resolve successfully.
What if they did not read me my rights, is the case going to be thrown out?Your rights that are read to you at the time of arrest are called your Miranda rights. Before you think it is a big deal because nobody at the police station read you your rights, ask yourself: if while you were in custody, did the police interrogate you? Did they read you your rights before or after they interrogated you? If they read you your rights after the interrogation, then it doesn't really matter because the rights are only active after the police read them to you.
After I am read my Miranda rights, can I be questioned?The police can now question you as much as they like. However, you must agree to be questioned, and even if you do agree you can change your mind at any time. If the police continue to question you after you ask them to stop, or request the opportunity to talk with a lawyer, they have violated your constitutional rights. Do not be surprised, those things do happen.
Can you tell me more about the federal court system?Absolutely, just click here for our Federal Court System FAQ's.
When should I see a lawyer?As a general rule, the sooner you see your lawyer the better off you will be. However, on a misdemeanor charge some people attend court and negotiate a plea bargain with the Assistant District Attorney in charge of their case. We highly recommend against this. In a felony case, you should retain counsel at the first available opportunity. Delaying the hiring of your lawyer will cause your attorney unnecessary problems, remember, a fresh trial is always easier for your lawyer to track down.
What is bail and how do I get out?Bail is an "insurance policy" guaranteeing the presence of the citizen accused will show up to court as requested. Bail is usually available in the form of Bond. Bond is the commitment that a "bonding company" makes that obligates them for the amount of the bail bond. Therefore, if you "bond" out and do not show up, the bonding company will be on the hook for the full amount of bond. For this service you would have paid a percentage, usually 10% to 15%.
How much should I expect my bail to be?The amount of bond is determined by several factors, such as the seriousness of the offense, past criminal history, and risk of flight. However, the lawyer can present a motion to reduce bond to the court. The court will set the motion for a hearing when the lawyer can present evidence of why a lesser bond would still guarantee the citizen accused's presence in court.
What kind of punishment can I expect?In the State of Texas, offenses are prosecuted at the lowest level of a Class B Misdemeanor all the way up to a Capital Felony. The punishment ranges for each offense are as follows:
- Class B Misdemeanor - Up to 180 days in the county jail and up to a $2,000 fine.
- Class A Misdemeanor - Up to 1 year in the county jail and up to a $4,000 fine.
- State Jail Felony - 180 days to 2 years in the State Jail Division of the Texas Department of Criminal Justice, and a fine not to exceed $10,000.
- 3rd Degree Felony - 2 to 10 years incarceration in the Institutional Division of the Texas Department of Criminal Justice, and up to a $10,000 fine.
- 2nd Degree Felony - 2 to 20 years incarceration in the Institutional Division of the Texas Department of Criminal Justice, and up to a $10,000 fine.
- 1st Degree Felony - 5 to 99 years or life in the Institutional Division of the Texas Department of Criminal Justice, and a fine not to exceed $10,000.
- Capital Felony - Death by Lethal Injection or a Life Sentence in the Institutional Division of the Texas Department of Criminal Justice.
If you are arrested and are not a United States citizen, most likely the Immigration and Naturalization Service (INS) will put a "hold" on you. This hold will keep you in jail, whether or not you are able to make bond. The way that your criminal case is handled will directly affect your resident status, so this should be one of the first things that you discuss with your lawyer.
Our Houston Offices are located at:
820 East Main Street
League City, Texas
1919 Sealy
Galveston, Texas
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Locations
League City, TX
820 East Main St.
281-280-0100
Galveston, TX
1919 Sealy St.
409-765-5614
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