If you’re in trouble with the law in Houston, Texas, there may be some tough questions on your mind. Here are a couple of the questions our clients have brought us in the past about criminal law in Houston.
Talking to the police is almost never a good idea unless you have a lawyer present. This is true even if you think you’re merely being questioned as a potential witness. The police sometimes interview individuals as if they are potential witnesses at first, in the hopes of getting them to provide information that can be used against them later. Being told that you are not under arrest and that you will be free to leave after being questioned does not mean that criminal charges will not be filed against you at a later time.
It’s great to want to help with an investigation, but it pays to be careful. You need to understand your constitutional rights and not give them up without fully understanding what can happen if you do.
If you are already in handcuffs and sitting in an interrogation room, the police should tell you about your right to remain silent and your right to an attorney. In that situation, the only thing you ever want to say to the police is that you’re invoking your right to remain silent and your right to an attorney. Discuss your particular situation with an attorney before agreeing to answer police questions.
This is true even if you think you’re about to give the police exculpatory (helpful) information regarding your case. For example, the police ask you where you were at 10:00 p.m. on a particular Friday night. You tell them you were at a convenience store buying a lottery ticket, thinking you’ve established an alibi. Instead, you may have just established you were close enough to the scene of the crime to have committed it.
Yes, a prosecutor can drop or dismiss charges at their discretion. Usually this only happens when there is a very weak case, or evidence to suggest that you’re innocent. In a felony case, a grand jury may also decide to “no bill” your case – this means that the grand jury did not find sufficient evidence to continue your prosecution. In limited circumstances, a judge may play a role in the dismissal of your case.
Sometimes an agreement can be reached with the prosecutor to enter into a pre-trial intervention agreement, where you choose to accept certain conditions in return for the dismissal of your case if you successfully complete the terms and conditions set forth in agreement.
A plea bargain may be an appropriate option depending on all the facts and circumstances of your case.
It may be a good idea when your attorney determines that the likelihood of winning at trial is not realistic. It all depends on the strength of the evidence against you and your willingness to accept risk. Sometimes a plea bargain means reducing a felony to a misdemeanor.
Before deciding to accept a plea bargain, it is important to talk with your attorney and weigh your options thoroughly.
The decision to hire a criminal defense lawyer is extremely important. The cost of legal representation varies depending upon all the facts and circumstances the attorney must deal with. There is no “one size fits all” when setting the legal fee in a particular case.
Criminal charges can ruin your life. By hiring an experienced Criminal Law attorney in Houston, you can try to mitigate or even eliminate these consequences. Reach out to The Hill Law Firm today for a free initial consultation.
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