FAQ

Not only should you hire a lawyer if you have been arrested for a crime, you should do it right away. There are many consequences to criminal charges that many people do not know that can follow you for the rest of your life. Many times, clients come in the door after handling a case on their own, and are not faced with losing their professional license, inability to get student loans, or many other consequences they did not see coming.

Don't be fooled into thinking you can simply "explain" your side of the story to the police or prosecutor and everything will be ok. Police are trained to get information out of you, and they WILL use it against you. If you have been arrested already and are speaking with a prosecutor, they are not on your side. They already think you should be convicted, that is why they filed the case against you in the first place.

You need a Board Certified Criminal Defense Attorney who can explain all possible outcomes to you and who understands the ramifications you could face will each possible choice you make. That attorney also needs experience negotiating plea bargains, investigating cases, and winning cases at trial.

See: How Do I Choose a Criminal Defense Attorney

Call San Antonio Criminal Defense Attorney Brad Thornton today for a free consultation. (210) 439-5627

In Texas, a misdemeanor is a less serious criminal offense that is punishable by fines and/or up to one year in county jail. Examples of misdemeanors include minor traffic violations, possession of small amounts of marijuana, disorderly conduct, and most family violence and DWI offenses.

A felony, on the other hand, is a more serious criminal offense that is punishable by between 6 months in State Jail or up to life in prison, and even the death penalty for Capital Murder. Examples of felonies include murder, sexual assault, and possession or delivery of controlled substances. The classification of the crime and the severity of the punishment will depend on the specific facts of the case and the discretion of the judge or jury.

Bail and bond are often used interchangeably, but they are technically two different things. Bail refers to the amount of money that a defendant must pay in order to be released from jail while they await trial. Bond, on the other hand, refers to the process of paying bail.

There are three main types of bonds: surety bond, cash bond, and personal recognizance (PR) bond.

A surety bond is a type of bond where a defendant pays a bail bond agent (bondsman) a non-refundable fee, usually around 10% of the total bail amount, to secure their release. The bondsman then acts as a guarantee or a surety that the defendant will appear in court as required.

A cash bond is when a defendant or a cosigner pays the full bail amount in cash to the court. The cash will be refunded (minus any court fees) once the defendant has fulfilled all of their court obligations.

A personal recognizance (PR) bond is when a defendant is released from jail without having to pay any money. Instead, they are required to sign a document promising to appear in court as required. PR bonds are usually given to defendants who are considered to be low-risk or who have a history of appearing in court as required.

It is important to note that not all defendants are eligible for all types of bonds. The court will make the final decision on which type of bond to grant, considering factors such as the defendant's criminal history, the severity of the current charge, and the defendant's ties to the community.

During a criminal trial, the prosecution presents evidence and witnesses to try to prove the defendant's guilt, while the defense has the choice to, but is not required to present evidence and witnesses to try to prove the defendant's innocence or call into question the prosecution's evidence.

The trial begins with the selection of a jury, which is a group of citizens who will listen to the evidence and decide whether the defendant is guilty or not guilty. This selection process is called voir dire.

Once a jury is selected, the prosecution goes first, and they will present their case by calling witnesses to the stand and introducing evidence such as documents, photographs, and physical evidence. The defense then has the opportunity to cross-examine the prosecution's witnesses and present their own evidence and witnesses. The prosecution can cross-examine defense witnesses as well as present rebuttal evidence.

Once both the prosecution and defense have presented their cases, the jury will deliberate in private to decide whether the defendant is guilty or not guilty.

If the jury finds the defendant guilty, in Texas, the defendant has the option to choose whether the judge or jury will determine the sentence. If the jury finds the defendant not guilty, the defendant will be acquitted and released.

It's important to note that not all criminal cases go to trial, some cases are settled through plea bargaining, where the defendant agrees to plead guilty to a lesser charge in exchange for a reduced sentence.

Plea bargaining is a process where the defendant agrees to plead guilty in exchange for a more lenient sentence, or for the prosecution to drop some of the charges. This process occurs before the trial, and both the prosecution and the defense agree to the terms of the plea bargain.

The defendant and their attorney discuss the possibility of a plea bargain with the prosecution, which could be the District Attorney or the Assistant District Attorney in state court or the Assistant U.S. Attorney. They will evaluate the strength of the evidence against the defendant and the potential outcome if the case went to trial. If both parties agree, the defendant will then enter a guilty plea and the prosecution will recommend the court accept the sentence and disposition the parties agreed upon.

In Texas, the court has the discretion to not accept the plea bargain. If that happens, the defendant is allowed to withdraw his guilty plea and start the process over.

Plea bargaining is often used because it saves time and resources for both the prosecution and the defense, and it also allows the defendant to avoid the uncertainty and potential harsher sentence of a trial. It also allows the defendant to avoid the stress and costs of a long and uncertain trial.

It's important to note that the defendant has the right to reject a plea bargain, and have the case go to trial, and also the defendant can't be forced to plead guilty or accept a plea bargain.

When you are being questioned by the police, you have certain constitutional rights that are protected by the Fifth and Sixth Amendments of the U.S. Constitution. These rights include:

1. The right to remain silent: You have the right to refuse to answer any questions or make any statements. This is often referred to as the "Miranda right" and it must be read to you if you are in custody.
2. The right to an attorney: You have the right to have an attorney present during questioning. The Fifth amendment guarantees the right to have an attorney during police interrogations while the Sixth amendment guarantees the right to have an attorney during a criminal trial. If you can't afford an attorney, one will be appointed to you.

It's important to note that if you are not in custody, the police are not required to read you your Miranda rights, but you still have the right to remain silent and have an attorney present. It is always recommended to have an attorney present during any questioning by the police, whether you are in custody or not. It is also important to remember that you should not resist arrest or make false statements to the police, as these actions can lead to additional criminal charges.

The length of the criminal process can vary depending on a number of factors, including the type of crime, the jurisdiction where the crime was committed, and the complexity of the case. In general, the process can be broken down into several stages:

1. Arrest: This is the initial stage where the police arrest the suspect.
2. Arraignment: This is the first court appearance where the defendant is formally charged and enters a plea.
3. Pre-trial: This is the stage where the prosecution and defense gather evidence and prepare for trial. This can take several weeks or months.
4. Trial: This is the stage where the prosecution and defense present their cases to a jury or a judge. The length of the trial can vary depending on the complexity of the case, but it usually takes several days to a few weeks.
5. Sentencing: This is the stage where the judge or jury announces the sentence if the defendant is found guilty.
6. Appeal: If the defendant is found guilty, they have a right to appeal the decision. This process can take several months or even years.

It's important to note that the length of the process can vary greatly depending on the specific circumstances of the case, and in some cases the process can take several years from arrest to trial. If a plea bargain is reached, the process is significantly quicker but can still take quite some time depending on the circumstances.

The difference between state and federal charges lies in the level of government that is bringing the charges. State charges are brought by the state government, while federal charges are brought by the federal government. The type of crime and the jurisdiction in which it was committed also determines whether the charges will be state or federal.

State charges are typically for crimes committed within a single state and include offenses such as traffic violations, drug offenses, and most property crimes. Federal charges, on the other hand, are typically for crimes that involve multiple states or cross state lines, such as drug trafficking, white-collar crimes, and federal crimes like bank robbery, or mail fraud.

Double Jeopardy is a constitutional principle that prevents an individual from being tried twice for the same crime. It applies to state and federal charges separately, which means that an individual can be tried separately by the state and federal government for the same crime without violating the Double Jeopardy clause. This is due to the Dual Sovereignty Doctrine, which holds that the federal government and state governments are separate sovereigns and therefore each have the authority to prosecute crimes committed within their jurisdiction.

It's important to note that the Double Jeopardy clause only applies to criminal trials, and it doesn't prevent the government from using evidence from a previous trial in a subsequent trial. It also doesn't prevent the government from bringing new charges based on new evidence or new crimes that were discovered during the investigation.

Probation and parole are both forms of supervised release that allow a person to serve their sentence outside of prison. However, they are different in the sense of when they are granted and the conditions that come with them.

Probation is a sentence that is granted in lieu of serving time in prison. It is a court-ordered period of supervision that is served in the community, typically under the supervision of a probation officer. During probation, the individual must comply with certain conditions set by the court, such as regular check-ins with a probation officer, maintaining employment, and staying out of trouble. If the individual violates any of these conditions, they may be subject to additional penalties, including being sent to prison.

Parole, on the other hand, is a form of conditional release from prison, granted by the parole board to individuals who have served a portion of their sentence. The conditions of parole are similar to probation, and the individual must comply with conditions set by the board, such as regular check-ins with a parole officer, maintaining employment, and staying out of trouble. If the individual violates any of these conditions, they may be subject to additional penalties, including being sent back to prison.

In Texas, Parole is granted to eligible inmates who have served a portion of their sentence and are deemed to be a low risk to reoffend. Probation is usually offered as an alternative to a prison sentence, or as a condition for an early release from prison.

It's important to note that not all individuals are eligible for probation or parole, and the final decision is made by the court or the parole board based on factors such as the nature of the crime, the individual's prior criminal history, and the individual's behavior while in prison.

A plea of guilty and a plea of no contest are two different ways for a defendant to respond to criminal charges.

A plea of guilty is an admission of guilt for the crime that is charged. It means the defendant acknowledges that they committed the crime and accepts the punishment. A guilty plea can be entered in open court, or in a written plea agreement with the prosecution.

A plea of no contest, also known as nolo contendere, means the defendant does not contest the charges but does not admit guilt. It is similar to a guilty plea in that the defendant is still convicted and sentenced as if they had pleaded guilty. However, a no contest plea cannot be used as evidence in any subsequent civil trials. This type of plea is usually used in cases where the defendant wants to avoid a civil lawsuit or when the defendant is facing both criminal and civil charges and wants to avoid incriminating themselves in the civil case.

It's important to note that in some cases, a plea of no contest is not accepted by the court and the case will go to trial. Also, the defendant has the right to change his plea at any time before the sentence is imposed. Additionally, the acceptance of a plea of no contest is at the discretion of the court and it can vary depending on the jurisdiction.

If a defendant violates the terms of their probation, they may be subject to additional penalties, which can include fines, additional community service, or even jail time. The specific penalties will vary depending on the nature of the violation and the defendant's criminal history.

When a defendant is accused of violating probation, the probation officer will typically file a violation report and a Motion to Revoke Probation with the court. The court will then schedule a hearing to determine if the violation occurred.

During the hearing, the defendant will have the opportunity to explain their side of the story, and the prosecution will present evidence of the violation. The judge will then decide whether the violation occurred and the appropriate punishment, if any.

If the judge finds that the defendant did violate probation, they may impose additional penalties such as additional probation terms, community service, or fines. In more serious cases, the judge may revoke the probation and order the defendant to serve the remainder of their sentence in jail or prison.

If the defendant was on straight probation, meaning the defendant was convicted and sentenced to a term of prison for ten years or less, but that sentence was suspended and he was placed on probation instead; the judge is limited by the number of years he can sentence the defendant to by the number of years from the original sentence. If the defendant's original probation was deferred adjudication, the judge has no limits and can sentence the defendant up to the full range of punishment for the offense.

A defendant has the right to an attorney during the probation violation hearing. It is also important to note that a defendant should never violate their probation terms and should always contact their attorney if they think they may have violated their probation.

A criminal case and a civil case are two different types of legal proceedings with different goals and different burdens of proof.

A criminal case is brought by the government against an individual or organization for committing a crime. The goal of a criminal case is to determine whether the defendant is guilty of the crime and, if so, to impose a punishment, such as imprisonment or fines. The burden of proof in a criminal case is "beyond a reasonable doubt" which means that the prosecution must prove the defendant's guilt to a very high standard.

On the other hand, a civil case is brought by an individual or organization (the plaintiff) against another individual or organization (the defendant) for a non-criminal wrong or injury. The goal of a civil case is to seek compensation for damages or a specific action to be taken. The burden of proof in a civil case is "by a preponderance of the evidence" which means that the plaintiff must show that it is more likely than not that the defendant is liable.

It's important to note that a criminal case can also result in a civil case, for example, if the victim of a crime sues the defendant for damages as a result of the crime. In such cases, the criminal and civil cases are separate proceedings, but they may be based on the same facts.

A bench trial and a jury trial are two different types of trials that are used in the criminal justice system.

A bench trial, also known as a non-jury trial, is a trial where the judge acts as both the fact-finder and the decision-maker. In a bench trial, the judge listens to the evidence presented by both the prosecution and the defense, and then makes a decision on whether the defendant is guilty or not guilty.

A jury trial, on the other hand, is a trial where a group of citizens, known as a jury, acts as the fact-finder and the decision-maker. In a jury trial, the jury listens to the evidence presented by both the prosecution and the defense and then deliberates in private to reach a verdict of guilty or not guilty.

In Texas, both the defendant and the prosecution have the right to a jury trial to determine the guilt or innocence of the defendant and both parties have to waive that right to have a bench trial. For punishment, the defendant alone has the right to choose between having it decided by the judge or jury.

It's important to note that the choice of a bench trial or a jury trial can have a significant impact on the outcome of a case. In a bench trial, the outcome is determined by the judge's interpretation of the law and the facts, while in a jury trial, the outcome is determined by the jury's interpretation of the law and the facts.

In the state of Texas, there are several different burdens of proof that apply to different stages of a criminal or civil case. These include:

Reasonable Suspicion: This is the lowest level of suspicion that is required for a law enforcement officer to stop and briefly detain a person for investigation. For example, an officer may stop a person if they have reasonable suspicion that the person is carrying drugs or weapons.

Probable Cause: This is the level of suspicion required for a law enforcement officer to make an arrest, obtain a search warrant, or bring a person before a grand jury. Probable cause is a higher level of suspicion than reasonable suspicion and it requires that there is a reasonable belief that a crime has been committed and that the person being arrested or searched is involved in the crime.

Preponderance of the evidence: This is the standard of proof used in most civil cases. It means that the plaintiff must prove that it is more likely than not that the defendant is liable. For example, in a personal injury case, the plaintiff must prove that it is more likely than not that the defendant's negligence caused the plaintiff's injuries.

Clear and convincing evidence: This is a higher standard of proof used in some civil cases. It means that the evidence presented must be highly and substantially more probable to be true than not true. For example, in a case for termination of parental rights, the state must prove that it is highly probable that the parent is unfit.

Beyond a reasonable doubt: This is the highest standard of proof and is used in criminal cases. It means that the prosecution must prove the defendant's guilt to a very high standard and that there is no reasonable doubt that the defendant committed the crime. This standard is used in order to protect the defendant's rights and ensure that an innocent person is not convicted. For example, in a case of murder, the prosecution must prove beyond a reasonable doubt that the defendant killed the victim and did it with the intent to do so.

It's important to note that the burden of proof is on the prosecution in a criminal case, and on the plaintiff in a civil case. The defendant is not required to prove their innocence, but only to raise reasonable doubt on the prosecution's case.

In Texas, certain criminal records can be expunged or sealed through the process of expunction or non-disclosure. Expunction is the legal process of destroying or sealing a person's criminal records, so they cannot be accessed by the public. In Texas, certain individuals who have been arrested or charged with a crime may be eligible for expunction if:

• The charges were dismissed or no-billed (not indicted) by a grand jury
• The person was acquitted of the charges at trial
• The person completed a pre-trial diversion program
• The person was pardoned for the crime

It's important to note that not all criminal records are eligible for expunction, and certain types of crimes are not eligible for expunction, such as violent crimes and sex offenses. Additionally, an expunction requires a court order and the process can be complicated, so it's recommended to seek the assistance of an attorney. Non-disclosure, also known as record sealing, is a legal process that prevents certain criminal records from being disclosed to the public. This means that the records are still maintained but are not visible to most employers, landlords, and other parties that conduct background checks. In Texas, certain individuals who have successfully completed deferred adjudication may be eligible for non-disclosure. If you are interested in getting a criminal case sealed or expunged, it is important to consult with a qualified attorney who can advise you on the eligibility requirements and the process. Board-Certified attorney Brad Thornton, with his knowledge and experience, can help you understand your options and guide you through the process of getting your criminal record sealed or expunged. He offers a free consultation to discuss your case and determine if you are eligible for sealing or expunction, and help you understand the benefits and drawbacks of each.

A diversion program is an alternative to traditional criminal proceedings that allows a person to avoid a criminal conviction by completing certain requirements, such as community service or treatment. Diversion programs are typically offered to first-time or low-level offenders and are designed to address the underlying issues that may have contributed to the criminal behavior.

In Texas, diversion programs are offered by different courts and prosecutors and can vary widely depending on the jurisdiction. Some examples of diversion programs in Texas include:

Pretrial diversion: This is a program offered by the prosecutor's office before a case goes to trial. It allows eligible defendants to complete certain requirements, such as community service, treatment, or education classes, in exchange for the charges being dismissed or reduced.

DWI court: This is a specialized court that deals specifically with cases involving Driving while Intoxicated (DWI) offenses. It offers a diversion program that includes treatment, counseling, and other services to help the defendants address underlying issues that may have contributed to their criminal behavior.

Drug court: This is a specialized court that deals specifically with cases involving drug offenses. It offers a diversion program that includes treatment, counseling, and other services to help defendants address underlying issues that may have contributed to their criminal behavior.

Mental health court: This is a specialized court that deals specifically with cases involving defendants with mental health issues. It offers a diversion program that includes treatment, counseling, and other services to help defendants address underlying issues that may have contributed to their criminal behavior.

To determine if you are eligible for a diversion program, you should contact a criminal defense attorney or the prosecutor's office in the jurisdiction where your case is pending. They can provide you with more information on the specific diversion programs available and help you understand if you are eligible.

It's important to note that not all defendants are eligible for diversion programs, and the specific eligibility requirements can vary depending on the jurisdiction and the type of program. Additionally, acceptance into a diversion program is at the discretion of the prosecutor or the court, and it is based on factors such as the nature of the crime, the defendant's prior criminal history, and the defendant's willingness to take responsibility for their actions and make amends. It's also important to note that these specialized courts may have specific requirements that a defendant must meet in order to be eligible for the program, and it's best to consult with a criminal defense attorney who can help you navigate the process and understand the specific requirements for each court.

Board-Certified attorney Brad Thornton, with his knowledge and experience, can help individuals navigate the process of diversion programs in Texas. He can advise you on the eligibility requirements for different programs and guide you through the process of getting into a diversion program. He can also help you understand the benefits and drawbacks of each program and help you determine which option is best for you. Additionally, attorney Brad Thornton can help you gather the necessary documents and information, file the necessary petitions and motions, and represent you in court. He will also advocate on your behalf to help you achieve the best possible outcome. With his experience and knowledge, he can help you understand the requirements and the process of each diversion program and help you to get the best outcome possible in your case.