Frequently Asked Questions Related to Houston Criminal Defense

DWI stands for “driving while intoxicated”. Texas law defines intoxication as “not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug…”. Read more about what is DWI in Texas.

We all go through great lengths to protect our private information, but often overlook one of the most important and powerful elements of our personal profiles. A Houston criminal record expunctions lawyer is ready to help you and will check if you are legally included in the record expungement procedure.

You only have one chance to make a great first impression. There are usually a lot of people in the court wearing all sort of things. We’ve seen people in court wearing pajamas, pants ripped in the crotch, halter tops, etc. Our clients don’t wear those things, we encourage clients to make an effort to look nice. It doesn’t matter if you have to borrow a suit that is four sizes too big, that shows you are trying. Everyone has different financial abilities and that is OK, the point is, show that you are trying.

You’re going to be in court as long as it takes. Typically when the docket is called, we can get you out of court relatively quickly. Criminal court isn’t run in a very organized way so it can vary from 1 hour to all day. Most of our clients are only in court for a few hours.

Typically, the only time you have to say anything is when the Judge or coordinator is calling the docket. At a minimum, you will need to let them know you are present. Some courts will also ask you to say the name of your lawyer.

The arresting officer only has to be in court during trial. On typical court dates before trial, the arresting officer will not have to attend.

The complaining witness is only required to be in court during trial. The district attorney will contact them outside of court hours to interview them. We have had complaining witnesses show up at other times when they weren’t needed. This usually helps our case because this shows the district attorney they are crazy and / or have a different motive.

If you like to read, bring a book. There is a lot of waiting. We recommend taking a notepad and writing down what you observe in court. You will want to forget being in court as quickly as possible, tearing up the notes you made is very rewarding.

You can bring a cell phone with you to court. Be sure to turn your cell phone off and put it in your pocket or bag once you enter the courtroom. If you are seen using a cell phone in court there is a good chance you will be asked to put it away. Some courts will even take the phone until the end of the day.

No, you cannot bring a gun to court. Guns are not allowed in the courthouse. Please leave all guns at home.

You can bring whoever you want to court, but it’s probably not the best idea. Space is usually limited in the courtroom and a lot of courts will ask your significant other to wait in the hallway alone. They obviously came to court with you to be supportive, and it’s hard to do that sitting in the hallway alone. We frequently see public displays of affection in the elevator or on the benches outside the courtroom. If that’s what you are into, that’s OK, just make sure to keep it outside the courtroom. Condoms have been seen on the elevator floor, the elevators in court are slow, but they aren’t that slow.

The Harris County Community Supervision & Corrections Department defines the rate at which someone on probation should complete community service hours. Community service hours are now called Community Service Restitution Program hours. What this means is your probation officer will tell you how many hours you need to complete a month.

This timeframe varies but it is usually around 30 days. The county notifies TDCJ to pick up the inmate. If the inmate stays in the county jail more than 45 days, the State has to pay the county $45 per day. We all know money is an incentive so they are typically picked up before the 45th day.

It depends. The government has 30 days from the date of seizure to file a law suit called a forfeiture. The government will serve you with notice and we must respond quickly. We have represented many clients in asset forfeiture cases and have recovered hundreds of thousands of dollars for our clients.

It is possible to early terminate deferred adjudication sentences. Texas Code of Criminal Procedure, Section 42A.111 states, the Judge may early terminate before the term of deferred adjudication ends if, in the judge’s opinion, the best interest of society and the defendant will be served by termination. You cannot early terminate a deferred when the defendant is charged with an offense requiring the defendant to register as a sex offender under Chapter 62.

Getting in someone’s face can be considered assault in certain situations. Texas Penal Code § 22.01 defines assault as intentionally or knowingly threatening to cause imminent bodily injury to another person. Read more to see if Getting in Someone’s Face is Considered Assault.

How long you go to jail for drug possession depends on several factors including the weight of the controlled substance and whether you have any prior convictions. If you face charges in Texas, a Houston drug possession attorney can offer further guidance based on the specifics of your case. Read more to see How Long Do You Go to Jail for Drug Possession.

It can take anywhere from a few weeks to a few months to get your record expunged in Texas. While the process requires patience, having a clean criminal record could be invaluable when the court grants your request. There are many circumstances that affect whether a person can expunge an arrest from their record. Read more to learn How Long Does it Take to Get Your Record Expunged in Texas

According to Section 11 of the Texas Constitution, “all prisoners shall be bailable by sufficient sureties, unless for capital offenses”. This means, in most cases, you cannot be held without bond. Read more to understand ifYou Can be Held without Bond.

How much does a DWI (driving while intoxicated) lawyer cost? It’s a common question for people accused of DWI in Texas. With court fees and fines adding up, it may seem pointless to spend money on an attorney. But investing in an experienced Houston, Texas DWI attorney can save you money, time, and hassle in the long run. Read more about How Much Does a Texas DWI or DUI Cost.

It is possible to define assault based upon legal criteria—in fact, knowing and proving these criteria will be the job of the prosecutor if you are charged with assault. According to Texas Penal Code Section 22.01, the three legal types of assault are: Assault Elements.

Anyone who is the victim of a crime or who witnesses a crime can call their local police department to make a complaint or request law enforcement to come to the scene. In Texas, the prosecutor – not the alleged victim – files charges and prepares criminal proceedings against the defendant in an assault case. Read more to see if you Can File Assault Charges for Someone Else.

The Texas State Bar notes that certain misdemeanor and felony charges can be expunged in Texas. The details and outcome of your offense will determine whether or not it can be removed from your criminal record. These details include the outcome of the case, how long ago the offense took place, whether you were a minor, and the offense’s severity. Read more to learn What Crimes Can be Expunged in Texas.

If any of these scenarios apply to your situation, then you may be able to get your DWI arrest expunged from your record. Not only could getting this offense removed from your record give you a “clean slate,” but it could also be beneficial while you apply to jobs, secure housing, and continue your education. Learn more about How Do You Get a DWI Expunged from Your Record.

An ALR hearing looks a lot like a very short criminal trial, however, your ALR hearing is separate from your DWI case. An ALR hearing is a gold mine for discovery and testimony regarding your criminal case. It is also an opportunity to keep your driver’s license from being suspended because of either providing a breath or blood sample over the legal limit of 0.08 or refusing to take a breath or blood test. Read here What Happens at an ALR Hearing.