Overview of Criminal Defense
Exercise Your Right to Remain Silent
One of the most important steps you can take when arrested is to remain silent. Every U.S. citizen has the legal right to not incriminate themselves thanks to the 5th Amendment of the U.S. Constitution. This means you’re not obligated to speak to law enforcement with the exception of identifying yourself. It’s highly recommended you don’t speak to law enforcement alone. Once you’re arrested, anything you said can be used against you in court. Even statements said in passing can be utilized in a courtroom. In addition, law enforcement uses confusing tactics during interrogations. They could draw out incriminating statements from you for evidence. Never put yourself in a hairy situation with law enforcement. An attorney is often in the best position to speak to police officers. They thoroughly understand the law and can advise you on what to say if you’re required to speak to police. In most cases, the police will refrain from interrogations if you ask for legal representation.Bail/Bonds in Texas
Texas offers bonds for people who are arrested so they can make bail. A bond is basically collateral to ensure you will attend all your upcoming court dates. Your bond will depend on certain factors including financial status, the severity of the crime and if you are a flight risk. A judge will normally set a bond at your first appearance in court. You’re not guaranteed a bond and based on the circumstances you could be denied one entirely. However, if you are offered a bond you can pay yourself or through a third-party company. When a third-party company pays your bond, it’s referred to as a surety bond. In most cases, you will be required to pay the bail bonding company up to 20 percent of the bond amount once released.
Penalties for a Criminal Conviction
The state of Texas classifies crime as either a misdemeanor or felony. Misdemeanor charges are usually reserved for minor nonviolent crimes, while felonies tend to be more severe. The penalties for a criminal conviction depend on the crime and your criminal history. Listed below are the possible penalties you may face if you’re convicted of a crime.| Level of Offense | Fine | Jail or Prison Time |
Class C Misdemeanor | $500 | N/A |
Class B Misdemeanor | $2,000 | Up to 180 days in jail |
Class A Misdemeanor | $4,000 | Up to 12 months in jail |
State Jail Felony | $10,000 | Up to 24 months in state jail |
Third-Degree Felony | $10,000 | Up to 10 years in prison |
Second-Degree Felony | $10,000 | Up to 20 years in prison |
First-Degree Felony | $10,000 | Minimum of 5 years and maximum of life in prison |
DWI Offenses in Texas
Unfortunately, the state of Texas is struggling with people driving while intoxicated (DWI). The National Highway Traffic and Safety Administration (NHTSA) reported in 2016 that 1,676 people were killed in alcohol-related accidents. These startling statistics have led Texas legislation to implement strict DWI laws. A first-time DWI offense is a class B misdemeanor which is punishable by up to 180 days in jail and a fine of up to $2,000. If you don’t have a criminal record, you probably won’t go to jail. However, it can come with added sentencing conditions. The court could impose community service, DWI school, alcohol and substance abuse evaluation, probation or suspend your license. Multiple DWI offenders should expect harsh penalties. A second DWI conviction will result in a class A misdemeanor and has a minimum 30-day jail sentence if convicted. There’s a much higher chance of you being incarcerated if you have more than one DWI. Additionally, you could also be subject to the added sentencing conditions mentioned above. If factors such as property damage, serious injury or death, a child was in the car or you had a high blood-alcohol concentration the penalties could exacerbate even further. Flood Lewis & Associates, Inc. defends people accused of DWI in all aspects including:- First DWI
- Second DWI
- Third or subsequent DWI
- DWI with property damage
- DWI with BAC over .15
- Controlled substance DWI
- Marijuana DWI
- Prescription drug DWI
- Juvenile or underaged DWI
- Commercial driver DWI
- Intoxication Assault
- Intoxication Manslaughter
- Administrative license Suspensions
- Refusal to submit to testing
Texas Drug Crimes
It’s illegal in Texas to possess, manufacture, or sell controlled substances. Texas is known for having stringent drug laws. You could face serious penalties including thousands of dollars of fines and possible time behind bars. Drug crime sentencing is based on the drug, the amount found and whether you were possessing, selling or manufacturing. Some drug crimes Flood Lewis & Associates, Inc. defend include:- Possession of a controlled substance;
- Possession with intent to deliver;
- Drug trafficking / smuggling;
- Drug manufacturing;
- Drug conspiracy;
- Felony Drug Charges;
- Federal Drug Charges;
- Prescription Drug Fraud
Violent Crimes in Texas
When a crime is violent it’s a high possibility you’ll face harsh penalties. Texas law is unforgiving to violent offenders. Many people accused of violent crimes are denied bail and given severe sentences. You could even be served with an injunction often referred to as a restraining order. Flood Lewis & Associates, Inc. defends people accused of violent crimes including:- Assault
- Aggravated assault
- Assault by strangulation
- Domestic assault
- Domestic violence
- Continuous violence against the family
- False imprisonment
- Kidnapping
Texas Marijuana Offenses
Possessing or selling marijuana is one of the most prevalent crimes in Texas. Marijuana may have become more acceptable nationwide, but Texas still considers it a controlled substance. In addition, if you possess THC concentrates it’s a felony. THC concentrates are used for vaping pens, dabbing rigs and other common forms of consuming marijuana. Flood Lewis & Associates, Inc. represents people charged with marijuana crimes including:- Possession of marijuana
- Sale of marijuana
- Marijuana trafficking
- Cultivation or grow houses
- Felony possession of marijuana
- Federal marijuana charges
- Marijuana DWI
- Possession or sale of THC concentrates
Other Practices
The crimes listed above are not the only charges Flood Lewis & Associates, Inc.. defends people from. We also defend clients from other offenses, which include but are not limited to:- White collar crimes
- Gun, weapon or firearm offenses
- Violation of probation
- Sexual assault
- Aggravated sexual assault
- Prostitution
- Human trafficking
- Child pornography
- Violation of a protective order;
- Embezzlement
- Swindling
- Writing bad checks
- Theft
- Conspiracy
Additional Resources
Texas Penal Code – Visit the official website for the Texas Legislation and use the drop-down menu to access the Texas Penal Code. You can learn more about your charges, the possible penalties and possible admissible defenses in court. Harris County Courts – Visit the official website for Harris County courts to find more information about your upcoming court date. Access the site to learn more court parings, locations of court houses and the jail docket.Attorney for Criminal Defense in Houston, Texas
If you or someone you know has been charged with a crime, it’s in your best interests to gain legal representation. Hiring an attorney can significantly increase your chances of reducing or dismissing your charges. Talk to an attorney today by contacting Flood Lewis & Associates, Inc.. The attorneys at Flood Lewis & Associates, Inc. have years of experience in Texas criminal courts. We will use our resources, skills, and defense tactics to help you get the best possible result for your case. Call now at (713) 224-5529 for a free consultation. We accept clients throughout the Houston area including West University Place, Pasadena, Bellaire and Tomball.
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