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Top Houston Criminal Lawyers
Tag Archive for criminal lawyers
If someone in your family has been arrested for assault, you probably aren’t sure where to turn or what to do next. While your loved one’s criminal arrest is a daunting situation, you might do several things right away to obtain advice and control. In the event you (or another family member) happen to be the victim of the assault, that only complicates the situation.
A positive starting point is to speak to the Best Houston Criminal Lawyers at the Charles Johnson Law Firm in Houston, Texas who will guide you through the complicated maze of the justice system.
Simple Steps
You may take several straightforward measures which will provide the support you and your loved ones need.
- Contact an Attorney
As pointed out, securing a criminal defense attorney for your arrested family member is the first order of business. The sooner you obtain legal advice, the more effective it may be. A knowledgeable lawyer will strive to preserve the legal rights of your family member, thereby aiding you in looking out for your family’s best interests. Attorney Charles Johnson will first want to know where your family member is being held (if he or she remains in jail) and may perhaps want to meet with you to discuss the situation. Attorney Johnson will then need to gather the relevant facts to prepare a defense.
- Take Care of Your Family
Your family may be strongly affected by the charge, particularly if you have children. If one of you was the victim of the assault, it is very important to seek medical attention right away. Whether or not or not the assault happened within the family, you may possibly wish to obtain assistance; local social services or mental health professionals might provide valuable advice. Friends and extended family members can offer comfort — and assistance with child care, household tasks and other duties.
- Support Your Arrested Family Member
Being arrested is usually an unsettling experience, and your family member will probably need to have your support. If you are able to get in touch with each other after the arrest, remind your relative not to answer questions until an experienced criminal defense attorney is present; everything he or she says may be used against him or her in court. Try to help your family member remain calm. Tell your family member what you are doing on their behalf.
- Contact the Jail
If your relative is still in custody, contact the jail to discuss visiting hours; whether or not you need to supply additional information; any prescription drugs your loved one is taking; any sort of physical or mental illness that your family member may possibly have; and whether assignment to a mental health unit is appropriate. Find out whether or not your family member will stay in this jail and if there is a pending court date.
- Make a Bail Decision
In most cases, the judge will set bail at a hearing. If you cannot pay cash, you may possibly be able to post a bond for the amount of the bail; this may, however, require that you pledge your home or other valuable property to secure the bail bond. If your loved one does not show up for court dates, your property may then be seized by the bond company. It is your responsibility to decide whether or not the benefits outweigh the risks.
Dealing with the assault arrest of a family member is difficult and time consuming. A skilled and experienced attorney from the Charles Johnson Law Office in Houston, Texas will help you plan your next move and expertly guide you through this challenging ordeal.
Houston Criminal Lawyers: Coping with a Domestic Assault Arrest
by Charles Johnson
News Stories Related to Domestic Assault Arrest in Houston, TX:
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Hire the Most Dedicated Houston Criminal Lawyers!
Being arrested for a criminal offense in Houston, TX is a quite scary moment in your life. The federal government has the ability to take away your liberty for the rest of your life. A very complicated process begins to operate the moment you are arrested by law enforcement. It truly is daunting and overwelming.
Nevertheless, these are generalities only. The real answer is determined by the form of crime you had been arrested for, the circumstances surrounding it, the county you are in, etc. Only those who understand the criminal law process, and know how to make it work, can really tell you what you should expect in your particular case. This is definitely one area of the law you do not ever want to handle on your own.
A good criminal defense attorney will usually provide a complimentary consultation to anyone charged with a criminal offense. You ought to take advantage of that no charge consultation asap. Having an experienced criminal defense attorney is extremely important to successfully getting through the criminal process. Get a no cost initial consultation by calling the Best Houston Criminal Lawyers at the Charles Johnson Law Firm right now, 24 / 7, 365 days a year.
Listed here are the steps you may expect to take place, and what each step within the process means to you:
Stop and Arrest
The entire process starts with a stop or an arrest by law enforcement. A stop isn’t as formal as an arrest. A police officer will stop you to ask questions. They cannot stop you unless they have a reasonable belief you violated the law. What is known as a valid “reasonable suspicion”? There are a million cases answering that question and a Attorneys In Houston is going to be able to give you a great many examples during your free consultation.
Nevertheless, keep in mind that an individual always has the right to remain silent, even if you are simply stopped and questioned. You do not have to respond to questions from law enforcement at any time. In reality, everyone ought to know their constitutional rights relating to criminal law.
If you are in a vehicle, the police officer could possibly ask to search it. The authorities cannot search your vehicle unless they have “probable cause”, or if you consent. Some might seek your consent mainly because they do not quite have “probable cause.” You do not have to give your consent to a search of your vehicle. Some might search your automobile later, nevertheless your lawyer can certainly then challenge the probable cause police officers asserted as being a reason to search the vehicle. Should you give your consent, law enforcement do not need any other reason to search your car, and your lawyer will have substantially less to challenge in court.
“Probable cause” is more serious than “reasonable suspicion”, however there are a million court cases explaining it too and the Houston Criminal Lawyers at the Charles Johnson Law Firm will give an explanation of those during your consultation. You cannot challenge a police officer’s assertion of probable cause until later on, in the courtroom. Once again, let your attorney handle that question later.
Generally, a law enforcement officer will be able to charge you should they have probable cause to believe you committed a crime, or if there is a warrant out for your arrest. If a stop and search bring about an arrest, you ought to not resist it. If it is not really valid, you will want to do so, nevertheless you cannot legally challenge it until later. Resisting arrest is known as a crime alone . The right advice in the event you are arrested is to be calm, always be silent, and demand a lawyer before they ask you any type of questions.
Booking
After being arrested, the police officer will “book” you. This is the process where they take your fingerprints, get your mug shot, do a background check, and ask you questions. Remember, you have the right to remain silent and the right to demand an attorney. You do not need to respond to questions. They aren’t going to let you out of jail even should you respond to virtually all their questions. Just be calm, always be silent, and let your attorney deal with things later. That is certainly the very best you can do.
Charging
The charge originates from the prosecutor, in no way the police. The victim does not get to charge you, and contrary to popular belief, they don’t get to drop the charges either. The prosecutor will quite often take into account the wishes of the victim, however they do not have to. You are in the hands of the state subsequent to being arrested. They can’t hold you forever, however. You must be charged with a criminal offense within a certain limited amount of time or they have to release you.
Arraignment
This is where the Judge or Magistrate will formally read your charges and let you know your rights. You should have asserted your right to a lawyer before now. If not, do so now. If you are asked how to plea, and you do not have an experienced Houston criminal defense lawyer, you should say “not guilty.”
The Magistrate will determine whether or not you ought to be released, and if so, how much your bail will be. Bail is the amount of money you, or someone else, should post with the court so they can be sure you will reappear. If you do not, your bond is going to be forfeited, and the county retains it.
If bail is set, another person must post it for you or hire a bail bondsman to do so. Should you hire a bail bondsman, and you run off, the bondsman loses the bail money to the court. If that occurs, they send another person after you – a bounty hunter. Furthermore, there is going to be a warrant out for your arrest. In some cases you might be released on your own “recognizance”, which just means there is absolutely no bail. Nevertheless you are currently in the system and definitely will be required to appear for additional proceedings.
Discovery
Discovery is known as a pre-trial process where the prosecutor needs to give certain information and facts to your Houston Criminal Lawyers. Attorney Charles Johnson will be entitled to see all of the evidence against you well before trial. There are no secret, last minute witnesses allowed.
Pre-Trial Motions
This is the most effective reason to remain silent, not give your consent to a search, and demand a criminal defense attorney in the event you are arrested. Your Houston Criminal Defense Lawyers can prepare any number of pre-trial motions. They normally ask the Court to exclude certain evidence from trial if it was obtained in an illegal or impermissible fashion. It is challenging to suppress evidence if you spoke voluntarily or gave consent to a search.
Plea Bargaining
This is a fancy word for negotiations. If the two sides reach an agreement, you will ordinarily be required to plead guilty to one or more of the criminal charges to acquire the deal that has been reached. This involves going to court, answering some questions from the Judge, and telling the court on the record that you are guilty to the charge agreed upon by Attorney Johnson and the prosecutor.
Trial
If the prosecutor and your Houston Attorneys could not arrive at an agreement on a plea bargain, you will generally go to trial. Trial is where the government has to put on evidence that you committed a criminal offense, in most cases including producing witnesses live in court to testify. You do not have to testify. You do not need to put on any type of evidence whatsoever. The government needs to demonstrate its case, and it must prove it beyond a reasonable doubt.
Sentencing
If you are found guilty, or in the event you enter a plea of guilty based on a plea bargain, you will undoubtedly be sentenced by the Court. The Judge will decide on the suitable punishment. This can be anything from probation to active prison time. There are guidelines that apply and give the Judge a general range of punishment options.
The Experienced Houston Criminal Defense Lawyers at the Charles Johnson Law Firm can certainly do a lot on your behalf at sentencing, such as ensuring that all the procedures are followed, arguing for lesser guidelines, and arguing circumstances which would allow the Judge to sentence you to less than that called for within the guidelines. Also, a lawyer is able to help you before sentencing by explaining to you what actions you might take to make the Judge more likely to be lenient on you. For instance, if you are charged with drunk driving, and take a class or go to rehab, the Judge might take that into consideration when sentencing you.
Aggressive Lawyers in Houston
I have attempted to provide you with a useful overview of the criminal process, with a few great tips on how best to deal with important things at every stage. But I should repeat my very first and most important advice here: call Attorney Charles Johnson the moment a criminal charge is made against you. It is no joke, and you could lose your protection under the law, your cash, and your freedom.
Remember, Houston Lawyer Charles Johnson will provide you with a free of charge consultation for any individual charged with a criminal offense. You should take advantage of that no charge time with a knowledgeable lawyer to better understand the exact nature of your situation, and what is likely to happen to you at trial or sentencing.
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The Top Houston Criminal Lawyers at the Charles Johnson Law Firm can decide which defenses might pertain to your case should you be arrested for possession of illegal drugs, either for private use or with intent to sell, in the event you plead not guilty. Various states deal with the issue of unlawful drugs in various ways, while the federal government has a tendency to have the most stringent drug sentencing regulations. Nevertheless drug possession defenses are rather standard across state lines. Several defenses challenge the stated information and facts, testimony or evidence within the case, whilst others focus on procedural mistakes, frequently search and seizure infractions.
The following are a few defenses to drug possession criminal charges, several much more typical than others:
Illegal Search and Seizure
The 4th Amendment of the United States Constitution guarantees the privilege to due process of law, such as legal search and seizure methods before a charge. Search and seizure challenges are very typical in drug possession cases. Unlawful drugs discovered in “plain view,” including a vehicle’s dash panel following a legal traffic stop, might be seized and utilized as evidence. However illegal drugs discovered within the trunk of your vehicle after prying it open with a crowbar, presuming the suspect didn’t provide authorization, can’t be put into evidence. In the event the accused’s 4th Amendment rights had been breached, then the illegal drugs can’t be utilized at trial and the criminal charges usually are dismissed.
Illegal Drugs Belong to Another Individual
A typical defense to any type of criminal offense arrest would be to merely state that you did not do it. The drug possession equivalent would be to state that the illegal drugs are not yours or that you simply had no idea they had been inside your apartment, for instance. The Finest Houston Criminal Lawyers at the Charles Johnson Law Firm will compel prosecutors to demonstrate that the marijuana cigarette discovered within the automobile really belonged to their client rather than another individual within the automobile.
Crime Lab Assessment
Merely because it appears to be crack or Ectasy does not necessarily mean that it is. The prosecution needs to establish that a seized material is actually the illegal drug it claims it is by submitting the evidence for crime lab analysis. The crime lab analyst then needs to testify at trial in order for the prosecution to prove its case.
Missing Illegal Drugs
Attorney Charles Johnson will make certain prosecutors have the ability to provide the actual illegal drugs for which their client has been arrested. Comparable to the requirement for analysis by a crime lab, prosecutors who misplace or otherwise don’t have the actual drugs risk getting their case dismissed. Seized drugs frequently are transferred a number of times prior to ending up within the evidence locker, therefore it should by no means be presumed that the evidence continues to exists throughout the trial.
Illegal Drugs Had Been Planted
This might be challenging to establish, because a law enforcement officer’s sworn testimony carries a great deal of weight within the courtroom. Moreover, other police officers might hesitate to blow the whistle on a fellow police officer. However, The Charles Johnson Law Firm will file a motion that, if authorized by the judge, demands the department to produce the complaint file of the given police officer. This file references the names and contact details of those that produced the complaints, who may then be interviewed by the lawyer or his private detective.
Entrapment
While police are free to operate sting operations, entrapment happens when police officers or informants cause a suspect to commit a criminal offense this individual otherwise might not have committed. If the informant pressures a suspect into giving illegal drugs to a 3rd party, for instance, then this might be regarded as entrapment. Usually, entrapment happens when the state offers the illegal drugs involved.
Do I Need A Criminal Lawyer?
If you’re arrested for any sort of of these or some other drug related criminal offense you should get in touch with The Finest Houston Criminal Lawyers as soon as you possibly can. The consequences of carrying out a drug offense may be very serious, such as actual jail time, in some cases for several years in significant high profile drug cases. Being found guilty for a drug-related crime could not just harm your personal and professional stature, but may lead to actual termination from a good job or even the suspension or revocation of one’s professional licenses. It is not whether or not you’ll acquire an attorney, rather, it is who you’ll find to handle your case at your most susceptible time.
Top Houston Criminal Lawyers: The Charles Johnson Law Firm
Do not let drug charges spoil your future. The Top Houston Criminal Lawyers will expertly defend drug charges in the courtroom. If you’re struggling with misdemeanor or felony drug possession charges after having a drug arrest in Texas, safeguard your legal rights and future. Contact the Charles Johnson Law Firm 24/7 to schedule a free initial consultation.
Charles Johnson |
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Drug offenses may be charged against a single individual with just a minimal quantity of marijuana, or perhaps a college student selling ecstasy or an individual trafficking considerable amounts of crack across state lines. Because drug violations cover an extremely wide array of criminal acts, almost no one can avoid the possibility of being found guilty, regardless if they are an upstanding citizen or possibly a career criminal. Anyone that has been charged with a crime should certainly consult the advice and the representation of the Top Houston Criminal Lawyers at the Charles Johnson Law Firm to help understand the nature of the charge, what defenses are available for the crime, if plea bargains are available, and what could happen if the defendant is convicted of the crime.
Drug offenses range in severity with the possession of a small quantity of marijuana for individual use being a “lesser” drug crime, and operating an entire drug trafficking business being a significantly greater criminal offense. The violations may be tried as a misdemeanor or a felony, based on a number of elements. For instance, the type of drug, quantity and motive are all considered when making an arrest. The prosecution and the judge may also consider whether or not the suspect has a past criminal history, and they’ll examine the circumstances associated with the criminal case. Competent Houston Criminal Lawyers can help you fight for your legal rights and ensure that the more positive aspects of the scenario don’t get go unnoticed by the prosecution. These strategies will help make sure that you aren’t sentenced with more severe consequences than necessary. Drug offenses are taken extremely seriously within the state of Texas and a skilled defense attorney might be the difference between your liberty and a felony conviction.
According to the elements of one’s case, you might discover your self dealing with a jail sentence. More serious cases of sales or sizable amounts of drug possession could put you behind bars. An experienced drug violations attorney can keep you from contending with prison time. Drug offenses fall within the jurisdiction of both federal and state laws, based on the nature of the criminal offense. Smuggling illegal substances and substantial quantity narcotic conspiracy cases are usually prosecuted on the federal level. Some other drug violations, like possession, manufacture and illegal drug trafficking inside state boundaries, are generally prosecuted by the State of Texas. Drug violations criminal charges consist of possession, use, sale or furnishing of any type of unlawful drug or drug paraphernalia that’s prohibited by law, also as the illegal possession of legal drugs (like prescribed pharmaceutical misuse).
Drug offenses in Texas are taken extremely seriously by federal and state prosecutors. When you have been arrested for simple marijuana possession, you could confront elevated criminal charges if you’re caught in possession of 4 oz . or more. If you’re found guilty of violating the Texas Controlled Substance Act, you might lose the privilege of your driver’s license for as much as 6 months. Drug violations are extremely severe in nature and must by no means be taken casually. An individual who’s arrested for a drug offense deals with life-changing legal repercussions. In Texas, drug offenses are prosecuted harshly by law enforcement officials and District Attorneys. Because of a continual growth in drug associated violations, the federal and state government now utilize more rigid drug regulations and legal punishments.
Drug violations may be considered as infractions, misdemeanors, or felonies based on a host of elements which includes:
What types of controlled substances had been involved (for example, heroin and PCP are usually seen as much more “serious” illegal drugs than marijuana).
The quantity of drugs concerned.
Whether or not the drugs had been procured for private use exclusively or to sell to other individuals.
Whether or not the accused was concurrently concerned within the commission of various other felonies or misdemeanors.
The defendant’s prior criminal history, if any exists.
Drug violations consist of numerous activities forbidden by federal or state statute, which includes possession, sale, manufacture, distribution and trafficking, together with prescription fraud and forgery. Drug offenses consist of attempts and conspiracies to commit any type of of these acts. On the federal level, involvement in a continuing criminal enterprise additionally exposes a person to criminal accountability. These offenses are extremely precisely defined, and therefore the government is expected to prove to the court a particular set of facts before a charged individual may be declared guilty of them.
Hire the Top Houston Criminal Lawyers: The Charles Johnson Law Firm
Additionally, drug cases often involve the issue of whether or not the proof was correctly attained by the authorities. Evidence acquired in violation of an defendant’s constitutional legal rights isn’t admissible in the courtroom. The majority of challenges to the admissibility of evidence are dependent within the Fourth Amendment, that protects Americans from unreasonable searches and seizures.
Drug courts currently operate or are being structured in virtually all 50 states. Although they differ among states, these specialized courts focus on therapy more than time in jail for defendants with substance abuse problems. Compliance with all the enforced stipulations (e.g., frequent drug screening, participation in a rehabilitation program) could possibly lead to dismissal of criminal charges, or suspended or lowered sentences.
When prison time is required, on the other hand, possible penalties escalate based on the type and amount of the drug at issue and also the defendant’s previous criminal history. Particular crimes are sorted into classes and minimum and maximum sentences of these classes are stipulated based on a defendant’s criminal background. Utilization of these sentencing recommendations in state and federal court have long been debatable; proponents maintain that recommendations make sure uniformity and equity in penalties, although opponents debate that they are not able to provide the flexibility required to take into account a defendant’s specific situations.
When you have Been Charged with a Drug Criminal offense
Drug charges can certainly have significant consequences, such as forfeiture of property and assets and time in jail. Talking to Attorney Charles Johnson, one of the Top Houston Criminal Lawyers, for guidance on how you can proceed is important. If you’re fighting drug criminal charges, a knowledgeable lawyer will assist you with navigating through the problems concerned in this complicated area of legislation.
Charles Johnson |
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The 6th Amendment of the United States Constitution ensures the right to an experienced criminal defense lawyer to anybody fighting federal criminal charges. The Fourteenth Amendment and a few state constitutions also afford this right to anybody dealing with state felony criminal charges. Those that are indigent and can’t afford a lawyer have the right to have one appointed for them for no cost. Many people, nevertheless, don’t comprehend what the right to a criminal defense lawyer indicates, when this right attaches or exactly who qualifies for a court-appointed attorney.
Houston Criminal Defense: Employ the Finest Houston Criminal Lawyers
If you’re charged with a severe criminal offense, it’s important which you retain the services of an skilled criminal defense attorney to battle for your legal and constitutional legal rights all through the criminal justice procedure. Get in touch with the Leading Houston Criminal Defense Lawyer about your case right now.
Federal and State Law
The right to counsel is really a fundamental right of criminal defendants assured by the United States Constitution. Numerous states also incorporate this right into their constitutions, and several states offer a broader scope of the right to counsel than the federal constitution. Nevertheless, defendants defending state felony criminal charges are nonetheless entitled to counsel, even when the state constitution doesn’t offer such a right, under the federal constitution via the Fourteenth Amendment.
Attachment of the Right
Criminal defendants are afforded the right to an experienced criminal defense attorney all through each and every crucial stage of a criminal proceeding as soon as the right has “attached.” Under federal rules, the defendant’s right attaches as soon as “adversary judicial proceedings” have been initiated against the defendant. This includes when the defendant has been arrested for or indicted for a criminal offense and during a preliminary hearing, information and arraignment.
Thus, for the right to attach, the defendant needs to have been arrested for a criminal offense. It doesn’t attach if the individual is simply suspected of committing a criminal offense. It doesn’t attach during the investigative stage prior to the filing of actual, formal criminal charges – even when the individual is the sole suspect. A charge, without any formal criminal charges, also doesn’t trigger the right to an experienced criminal defense attorney. This doesn’t mean, nevertheless, that an individual being investigated for a criminal offense can’t employ a criminal defense lawyer on his or her own.
Once the right has attached, the state can’t interfere with the defendant’s right to obtain counsel and has an obligation to be sure the defendant’s right is honored. The right isn’t available in civil or administrative proceedings or during license suspension or revocation hearings.
Appointed Counsel
In order for a criminal defendant to receive a court-appointed attorney, the defendant can’t simply be unable to afford the counsel of a criminal defense attorney of his or her choosing, but has to meet the meaning of an indigent. The trial court has the authority to ascertain whether or not a defendant is indigent. Several jurisdictions have guidelines primarily based on income that allow individuals meeting the criteria to be presumed indigent. Various other jurisdictions, nevertheless, don’t have any type of guidelines and have to make the determination on a case-by-case basis.
In those states that determine indigence on a case-by-case basis, the court has to look at the defendant’s total financial circumstances, such as his or her income, assets, debts and various other financial obligations prior to deciding if the defendant could afford to pay for an experienced criminal defense attorney. Consequently, just because a defendant is unemployed doesn’t promise he or she will be appointed counsel.
Defendants receiving court-appointed attorneys don’t have the right to have a criminal defense lawyer of their choosing. If the court finds that the defendant is indigent, the court will assign a public defender to the defendant. The right to appointed counsel only extends to the trial and the first appeal of the trial court’s verdict.
Waiving the right to a Lawyer
Just as virtually all criminal defendants have the right to a lawyer, they also have the right to self-representation and can waive the right to an experienced criminal defense attorney. In order to waive this important right, criminal defendants must be able to demonstrate to the judge that they’re competent (possess the mental capacity) to waive this right and that their waiver is knowing, intelligent and voluntary. The judge has to make certain that the criminal defendant recognizes the disadvantages of self-representation prior to allowing the waiver.
Defendants considering representing themselves in a criminal trial should carefully take into consideration the implications of this action. Criminal defense attorneys have a great deal of training and comprehend the intricate, and quite often confusing, workings of the law and criminal justice procedure. Given the complexities of criminal procedure and, most importantly, the serious consequences a criminal conviction carries, a criminal defense lawyer is best suited to protect defendants’ legal legal rights and help them achieve the very best potential outcome.
Houston Criminal Defense: Employ the Finest Houston Criminal Lawyers
If you or a loved one has been charged with a criminal offense, you’ve the right to an experienced criminal defense lawyer. It’s vital that you begin working with an experienced criminal defense lawyer as soon as possible within the procedure, even when you’ve not been formally arrested for a criminal offense. To learn more about your legal legal rights, get in touch with the Best Houston Criminal Lawyers right now.
Charles Johnson |
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