FAQ

An arraignment hearing is the first initial hearing after a defendant has been arrested and charged. During this hearing, the defendant will learn more about the charges against them and their rights. A charged individual can either be assigned an attorney or request one. At this hearing, a judge will decide whether the defendant can be released until the trial or held in prison. If an individual meets the requirements for bail, they will likely be released until their trial date. The judge will review facts about them, like their criminal history and nearby family members, before deciding on bail.

Generally, misdemeanor charges are less serious than felony charges. In most cases, misdemeanors are given to those who commit non-violent, non-sexual crimes. Under federal law, a misdemeanor is punishable by less than one year in prison and a few hundred or thousand dollars in fines. A felony, on the other hand, is a more serious offense and is punishable by a prison sentence of one year or more. Felony charges are typically given to those who commit violent or sexual crimes, especially if they already have a criminal record. You may face both misdemeanor and felony charges depending on your criminal offense.

In some instances, self-defense is a valid defense for a criminal act. Self-defense is defined as defending the health and wellness of yourself or another person from harm. In most cases, you cannot use more force than necessary to harm or kill another person. For instance, if someone with a knife attacked you, using a knife against them may be considered self-defense. Using a gun, on the other hand, may be classified as manslaughter or murder. If you are curious about using self-defense as a defense strategy, our legal team can review your case and advise you of your options.

No, you do not have to speak to the police even if you are arrested. Every individual has the right to remain silent, even if they are in jail or police custody. You must provide information about your identity, like your name, to the police if they ask. If you would like to invoke your right to silence, it is essential that you tell the police you wish to remain silent. Otherwise, your silence could be construed as unwillingness to cooperate with law enforcement, which can be used against you in court. You also have the right to hire an attorney for criminal defense in Texas before speaking to the police.

While going to trial is always possible, very few cases actually make it to court. In some instances, our Texas defense attorneys can argue against the evidence in your case to get your charges dismissed altogether. If not, our team can negotiate with prosecutors to secure a plea deal that reduces or even removes the penalties against you. If these options are not possible or not in your best interest, then your case will likely go to court. In that scenario, our team will spend time building a defense strategy to present before a judge to get you the outcome you deserve.

Many factors affect how long a criminal case could take. In most instances, a case will be resolved within about six months. However, the complexity of your case, as well as the witnesses and evidence involved, could make it take much longer. Generally, federal and felony charges take longer to resolve than state or misdemeanor cases. Similarly, cases that go to trial often take longer to resolve than cases that don’t, simply because a criminal trial can take multiple days or weeks. If you have questions about the timing of your criminal case, contact our law office today.

A state criminal charge is prosecuted by the state in the state court system. Typically, state charges are lesser charges and often carry fewer penalties. Federal criminal charges are violations of federal law and are prosecuted by the U.S. attorney’s office. Federal offenses are often investigated by the FBI, DEA, or SEC, depending on the nature of the crime. Federal criminal charges tend to carry more severe penalties, including exorbitant fines and extended prison sentences. Federal cases also tend to take longer, especially if they go to trial, due to the nature of the charges and the many agencies working together with the prosecution.