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If you face criminal charges in Texas, you deserve the best criminal defense lawyer and someone with a strong track record of success. Remember, the state will devote considerable resources to convicting you. Contact one of our experienced San Marcos criminal defense lawyers today to safeguard your rights.
No one in Texas can press charges against you, such as the accuser or victim. When the police arrest you, the case is delivered to the prosecutor’s office for review. It is at this time they may file charges against you.
Knowing that just being arrested can be a serious problem, even if charges are not filed, is critical. For instance, with domestic violence, an angry partner could send the police to arrest you on bogus charges to scare you. If this happens to you, your fate could be in the hands of the prosecutor, even if you are innocent.
Our San Marcos criminal defense attorneys can fight for your rights. We can help you to build a case to convince the state not to file charges.
You may be charged with theft in Texas if you engage in forgery, fraud, or shoplifting. Remember that theft is a moral turpitude crime, which means it can damage your ability to obtain employment. It also can affect whether a jury will believe your testimony.
Depending on the number of goods involved, theft may be charged as a Class C misdemeanor or up to a first-degree felony. A first-degree felony can be charged if what you stole was worth $200,000 or more. Your attorney may try to contest the charges by noting there is a mistake of fact, lack of intent, or the crime was committed under duress.
Most drug crimes in Texas have harsh penalties. You can be charged with a serious drug crime for possessing, selling, or manufacturing marijuana, cocaine, heroin, or methamphetamines. Depending on the drug and quantity, you can be charged with a felony or misdemeanor, and those variables affect the prison term.
Texas sex crimes include sexual assault, rape, child molestation, indecency with a child, child abuse, child pornography, indecent exposure, and public lewdness. There is a tremendous amount of negative stigma with sex crimes, especially involving children. If you are convicted, you may have to register as a sex offender when you get out of jail. Being forced to register as a sex offender can affect your ability to get a job and where you live.
In Texas, online solicitation of minors sounds like a sex crime, but it technically falls under property crimes. Anyone who is 17 or older commits this crime when they have communicated in a sexual manner with someone who is under 17, or the offender thinks the person is under 17.
This crime can occur by text, email, other electronic messaging, and commercial online services. This offense has occurred whether or not you actually met the person. Anyone who participates in this crime faces a third-degree or second-degree felony charge.
Violent crimes such as assault usually lead to tough penalties. If a deadly weapon is involved, you may be sentenced to years in prison. Some of the most common violent crimes are homicide, assault, robbery, domestic violence, and aggravated assault. Your attorney may argue that your actions were self-defense or acting in defense of others.
Other violent crimes with serious penalties in this state are:
A minor’s mistake should not hamstring them for life, but it can be bad news if your child is charged with a serious crime and doesn’t get an effective attorney. You can be charged in Texas for a crime in juvenile court between the ages of 10 and 17, and the charges can range from Class C misdemeanors to murder. After the child turns 17, they can also be charged in adult court.
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Were you or someone you care for recently arrested for a crime in San Marcos? We know you’re stressed, scared, and anxious about the future. The uncertainty of what is coming when you’re charged with a crime is often paralyzing. However, remember that a Texas criminal charge is just that – a charge. You haven’t been convicted. The prosecution must build the case beyond a reasonable doubt, and your San Marcos criminal defense lawyer will work hard to poke holes in their case.
Stay calm when interacting with the police. If you act erratically or emotionally, it can make the situation and charges worse.
Listen carefully to what the arresting officers say and follow their directions. Even if you do not agree with the arrest, stating your objections won’t help and could make the situation worse, especially by adding more criminal charges, such as resisting arrest.
They will tell you that you have the right to remain silent and you should take their advice. Everything you say can be used and turned against you in court. So, any emotional outbursts or explanations you provide can undermine the case your attorney makes later. Even with the best San Marcos criminal defense attorney, running your mouth during the arrest can make it more difficult for your lawyer to achieve the best outcome.
Contact a San Marcos criminal defense lawyer immediately. The sooner you have an attorney in charge of your case, the more likely you will have the best outcome. Most defendants without a lawyer early in the case say or do something that negatively affects the situation.
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If you were charged with DWI, you need a San Marcos DWI lawyer to fight for your freedom and rights. Read more about DWI in Texas, and contact our attorneys immediately for assistance.
Were you charged with a sex crime in San Marcos, such as sexual abuse or sexual assault? Being accused of this crime can be your worst nightmare. Contact us today to mount a strong defense.
Drug possession is a serious crime in Texas, and the penalties and consequences can upend your life. That is why working with a drug crimes lawyer in San Marcos is vital as soon as you have been charged.
Even if it is a “minor charge”, the last thing you should do is plead guilty. Always get a theft crimes lawyer to represent you to fight the charges. If you don’t, you face jail time, fines, and years of difficulty in your future life.
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Felonies are more serious crimes, and you can receive stiffer penalties, including more jail time and fines. Texas felonies are broken into these categories based on how severe the charge is:
For misdemeanors, you face the following penalties:
THE PROPER DEFENSE FOR ANY CRIMINAL CHARGE
Up to a year in jail and up to a $4,000 fine.
Up to 180 days in jail and up to a $2,000 fine.
A fine of up to $500.
To get a felony arrest removed from your record, your attorney must get the case dismissed. Even if that happens, you still could have the charge on your record, which is a big problem. There are three ways that a felony case can be resolved to be expunged.
If the case was resolved, your attorney will petition the criminal court to have the police, arrest, and court records destroyed. This means the law could allow you to deny that you were ever arrested for a felony charge. All state agencies and employers would not know the case happened.
If you get deferred adjudication for a felony charge, you must complete all terms of probation to be eligible for the charge to be undisclosed. Felony non-disclosure means you can have your arrest and court records sealed. The police, prosecutor, and state licensing authorities can see the arrest record, but private employers cannot.
If you’re charged with a serious crime in Texas, your problems if you’re convicted are only part of the consequences. Jail time, probation, and fines are bad, but some issues will arise if you are just charged with a felony crime in Texas.
There is little doubt that being arrested for a serious crime in Texas – misdemeanor or felony – can have damaging life consequences, so speak to an attorney immediately.
Some occupations will be out of bounds if you have a felony criminal charge on your record. Imagine not being able to get a job for which you have trained for months or years because of such a charge.
Having a serious charge on your record can make getting bank accounts and loans more difficult. This problem could affect your ability to get a home or car loan.
You could have a harder time getting a home loan or lease. When you rent a home or apartment, the owner will probably do a background check to check for criminal convictions and charges.
Many criminal charges carry a severe social stigma, including domestic violence and sex crimes.
Most people have never needed a lawyer when they find themselves in need of legal advice. We hear the following questions from many of our clients. We hope the answers help clarify your options and considerations.
Yes, you especially need a criminal defense attorney if the allegations against you are false. Many people think they can simply tell the truth and have their charges dropped, but unfortunately, this rarely happens. If a prosecutor files charges, they will try to prove you committed the crime, and without the right defense help, you might face a conviction and penalties, including imprisonment.
The best criminal defense lawyers can present evidence to prove your innocence, including:
Everything is at stake in this situation – seek a criminal defense lawyer immediately.
Getting arrested can be stressful and even terrifying. The first thing to remember is to keep calm. Do not resist the officer’s efforts to arrest you or act violently or belligerently in any way. Doing so might result in additional charges against you.
Once the police arrest you and want to ask you questions, they must read your Miranda rights, which include the right to remain silent and the right to contact a defense attorney. You should always politely inform the officers that you invoke these rights. Never answer any questions about the potential offense without your lawyer present.
Felonies and misdemeanors refer to different levels of offenses under Texas law. Misdemeanors are less severe, though still very serious matters, as a misdemeanor conviction might mean up to one year in jail. Some misdemeanors include simple assault, DWI (first or second offense), prostitution, and disorderly conduct.
Felonies are the more severe offenses, and they fall into five categories: state jail felony, third-degree felony, second-degree felony, first-degree felony, and capital felony. Prison sentences from one year to life are possible with felony convictions. Some examples include: grand theft, three or more DWIs, manslaughter, aggravated sexual assault, and murder.
Both the federal government and the State of Texas set out criminal codes, and you might face charges under either one, depending on the alleged offense. Federal charges often apply to offenses that cross state lines, and state laws cover more common offenses than federal criminal laws.
State courts oversee state-level charges, while federal cases take place in federal district courts. The procedures are different for each court, and the penalties can be harsher in federal court. You want a lawyer with experience handling federal charges if that’s what you face.
A failure to read your Miranda rights does not mean your entire arrest was illegal. However, this violation of your rights can still play an important role in your case.
For example, if you did not hear your rights, and you answered police questions or offered a confession, your defense attorney can seek to have everything you said kept out of court. This situation can help you avoid a conviction based on what you told the police.
San Marcos Criminal Defense Blog
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