The Law Office Of A. Oliver Hassibi
NOTE: Please be aware that the information given below shall not constitute legal advice, and does not in any way create an attorney-client relationship. The information is intended solely to give some preliminary information about certain matters. Do not rely on the information provided. Always consult with an attorney in order to receive the necessary advice in order to ensure the protection of your rights and your proper defense.
Levels of Offenses – Misdemeanors & Felonies
In Texas, there are three (3) levels of misdemeanors and five (5) levels of felonies. They each have different ranges of possible punishment. Here they are starting from the least serious to the most serious:
Class C Misdemeanor Commonly referred to as a fineable misdemeanor (in other words, not jail-able), the punishment range for this misdemeanor involves only a fine from $0-$500. However, if someone does not pay the fine or other costs required, a court can issue a warrant and arrest that person in order to make them serve jail time to satisfy his debt.
Class B Misdemeanor This is the lowest level of misdemeanor that involves possible jail time. The range of jail time is 0-180 days (6 months) in a county jail facility. Also, there is a possible fine of up to $2000. A court could impose a fine, jail time, or both.
Class A Misdemeanor This is the highest level of misdemeanor. The punishment range is from 0-1 year in a county jail facility and/or up to a $4000. A court can impose a fine, jail time, or both.
State Jail Felony This is the lowest form of felony. The punishment range is from 180 days (6 months)-2 years in a state jail facility. There may also be a fine of up to $10,000. State jail facilities are different from county jail facilities and from institutional divisions of the Texas Department of Criminal Justice. In state jail facilities, there is no time off for good behavior and no 2 for 1 credit or any other type of early release. Therefore, the inmate has to serve each day of his sentence “day-for-day”.
Third Degree Felony This felony is the lowest form of felony where an individual must serve his time in an institutional division of the Texas Department of Criminal Justice. The range of punishment is 2-10 years. There can also be a fine of up to $10,000. There can be early release where the inmate is placed on parole for the remainder of his prison term.
Second Degree Felony This felony is much like a third degree felony, but the range of punishment is increased to 2-20 years in an institutional division of the Texas Department of Criminal Justice. There can also be a fine of up to $10,000.
First Degree Felony This felony is the most serious non-death penalty felony, and the range of punishment is from 5-99 years, or life, in an institutional division of the Texas Department of Criminal Justice.
Capital Felony This is the most severe level of felony because it is punishable by either life without parole or by death.
12.44(a) and 12.44(b), Texas Penal Code
These two sections of the Texas Penal Code allow for the treatment of a state jail felony as a class A misdemeanor. In section (a), a court may punish an individual guilty of a state jail felony by confining him to a county jail facility rather than a state jail facility. Unfortunately, the person would still have to serve his sentence on a day-for-day basis with no time off for good behavior or additional credit for each day served. In section (b), a court can authorize a state jail felony to not only be punished as a class A. misdemeanor, but also prosecuted as one. Therefore, a conviction under section (b) would result in a misdemeanor conviction, not a felony conviction.
Punishment and Offense Enhancements
In Texas, the law allows repeat offenses by individuals to be either enhanced to the next higher level of offense or instead, it places a minimum term of confinement that is higher than it otherwise would be. The area of law involving enhancements is complicated, and an attorney should be consulted on a case-by-case basis to determine enhancement, if applicable.
Court Costs
Courts are permitted by law to charge costs to defendants that are convicted or otherwise enter a plea of guilty. Costs vary, but are generally not unreasonably great, and most courts and counties offer payment plans to defendants with very reasonable terms.
Traffic Citations
Traffic citations are class C misdemeanors (see above). They are punishable by fine up to $500. The Texas Transportation Code governs traffic citations. In Texas, there are many possible complications when an individual has one or more convictions for certain types of violations. The goal for a defendant and his attorney should usually be to keep a citation off of the person’s record and to keep the costs as low as possible. If an individual has a CDL, there will be other considerations in order to protect the person’s license. Speak to your attorney about your options.
Burden of Proof
The burden of proof is “Beyond a Reasonable Doubt”. This is the level of proof required to be met by the government before someone can be convicted for a crime. This level of proof is the highest in our land, and it is not easy to meet. Each offense has elements, and each element must be proved beyond a reasonable doubt. The fact that someone has been arrested, confined, or indicted for, or otherwise charged with an offense cannot give rise to any inference of guilt whatsoever, and each person is innocent unless this burden is met.
Statutes of Limitations
This term refers to the length of time that the government has to present an indictment or information, or in other words, charge someone with a crime. The intent of this law is twofold – first, there are some offenses that our legislature has determined to be of a serious enough nature that they have mandated either no limitation or a very high limitation for the government. Other offenses, however, have much shorter periods of time for limitations, and they are usually less serious offenses. Generally, the period of limitations for misdemeanors is two (2) years from the date of the offense. For felonies, there are a variety of limitation periods depending on the offense. These offenses and their limitation periods are detailed in the Texas Code of Criminal Procedure (CCP). If the offense is a felony, but not one of the ones specifically addressed in the CCP, then the limitation period is three (3) years. There are some exceptions to limitation periods also. Consult with your attorney in order to obtain a full understanding and explanation of these exceptions and how they may apply to your case.
The Law of Complicity – Criminal Responsibility for Conduct of Another
This area of law allows for certain persons to be criminally responsible for the actions of another. The most common example of this is when two or more persons engage in criminal conduct, but one of the individuals commits some other offense than the one that was originally intended by the group. In certain circumstances, everyone involved can be charged with that offense even though not all of the persons actually did the act of the crime. This area is somewhat complicated. If you are accused of committing an offense, but you did not actually take the actions necessary to commit the offense yourself, you should have an attorney advise you as to your rights and the details of this area of law and how it may apply to your case.
Defenses to and Justifications for Criminal Conduct
There are several circumstances which essentially excuse someone for conduct resulting in an offense. Among the most common are insanity, duress, entrapment, self-defense,, defense of others, and the defense of property. This list is not exhaustive, and no one reading this should plan to commit an offense and rely on a possible defense or justification to excuse his actions. If an offense is committed, you should be advised by an attorney after the attorney hears the details of the incident. The attorney should be able to you whether any of these excuses apply to your case.
Attempted Crimes and Conspiracy to Commit Crimes
An attempted offense is one that was intended and more than merely prepared for by the offender, but the result desired by the offender was not reached. Generally, offenses that are attempted are prosecuted as one offense category lower than the offense itself. For example, an attempted state jail felony would be prosecuted as a class A misdemeanor.
DWI/DUI
A DWI stands for Driving While Intoxicated. A DUI stands for Driving Under the Influence. These offenses are different in the state of Texas. A DUI is a law applied to minors who operate a motor vehicle or some other qualifying vehicle while under any influence at all. However, with a DWI, someone has to be intoxicated to be guilty of the offense. Mere influence is not enough to commit a DWI if the person has not reached a level of intoxication according to the law. Intoxication is generally defined as either having a blood alcohol content of 0.08 or greater, or having lost the normal use of one’s mental or physical faculties. Of course, this stated in very simple terms. There is much more to this area of law. Although DWI’s are difficult to defend, they are not impossible. If you are charged with a DWI, contact an attorney right away to be advised regarding your rights and the requirements placed on you resulting from being charged with a DWI. A DWI is a class B misdemeanor. A second DWI is a class A misdemeanor. A third DWI and any subsequent DWIs are felonies of the third degree.
What is a DWI?
The letters DWI stand for Driving While Intoxicated. It is a crime in Texas to operate a motor vehicle in a public place while under the influence of drugs or alcohol. For your safety and the safety of others, you should never drive a car or any other type of vehicle after you have taken drugs or consumed alcohol to the point where you are intoxicated. If you do not know whether you are intoxicated enough to be breaking the law, always err on the side of caution. Have someone else drive or call a taxi cab.
If I am arrested for a DWI, will my license be taken?
Yes, your license will be taken. The amount of time for which your license is suspended will vary. Under certain circumstances, you may be able to apply for an occupational driver’s license so you can drive to and from work. If you refuse to take a breathalyzer or blood test to determine your blood alcohol content (the amount of alcohol in your system), you can have your license taken for a longer period of time. You have the right to refuse a breathalyzer test or a blood test, but there may be a consequence to that refusal. The best way to avoid receiving a DWI is to always arrange for a method of transportation before you consume alcohol or take drugs. Call a taxi, a friend, or a family member. However, if you are arrested for a DWI, contact your attorney as soon as possible and have him consult you on your situation.
Driver License Suspensions
In Texas, a driver license is considered to be a privilege, not a right. Therefore, the state is able to place some additional restrictions of persons holding driver license in Texas, and it can also suspend someone’s license if certain qualifications are met. An individual’s license can be suspended for a number of reasons – a DWI charge, a DWI conviction, a drug offense conviction, too many traffic citations, or not complying with certain obligations placed on an individual by the Texas Department of Public Safety, such as the assessment of surcharges. If your driver license is either confiscated or suspended, contact an attorney to be advised regarding your options.
Public Intoxication
This offense is pretty much like it sounds. It is against the la to be in a public place and to be intoxicated. However, the level of intoxication is different from, say, a DWI. With a PI, a person has to be intoxicated to a level where he is a danger to himself or others. It is a class C misdemeanor, but it is referred to as an “alcohol related contact”. This fact can have effects on some other things for an individual.
Intoxication Assault and Manslaughter
These offenses are both involving the offense of DWI, but one that results in an accident that seriously injures someone or results in the death of someone. These are very serious offenses. The law states that if there is an accident involved in a DWI, then the police can transport the alleged offender to a facility, usually a hospital, here a specimen of blood can be drawn for the person in order to determine the level of intoxication at a later date by the use of a scientific test.
Marijuana Possession
Possession of Marijuana can either be a misdemeanor or a felony, depending on the amount of the marijuana in someone’s possession. If the amount is under 2 ounces, the offense is a class B misdemeanor. If it is between 2-4 ounces, it is a class A misdemeanor. If it is between 4 ounces and 5 pounds, it is a state jail felony. If between 5 pounds and 50 pounds, it is a third degree felony. If between 50-2,000 pounds, it is a second degree felony. If greater than 2,000, it is a first degree felony with a punishment range of 5-99 years imprisonment or life imprisonment, and also up to a $50,000 fine.
Controlled Substance Possession
The possession of controlled substances is considered to be a more serious violation than the possession of marijuana. The lowest level of offense is one where there is fewer than 1 gram of controlled substance. That is a state jail felony. From there, the levels go up incrementally as follows: 1-4 grams, third degree felony; 4-200 grams, second degree felony, 200-400 grams, first degree felony, and greater than 400 grams, 10-99 years imprisonment or life, and a fine up to $100,000. Common controlled substances are cocaine, meth, and crack.
Manufacturing/Delivery of Marijuana/Controlled Substances
These offenses are more serious than the mere possession of the substances alone. Punishment ranges are higher and the offices of district and county attorneys are tougher on these violations. Consult with your attorney if you are arrested or charged with a manufacturing/delivery offense.
Assault
The offense of assault can be accomplished in several ways. The victim may be injured, threatened, or simply made contact with by the offender in an offensive manner. In any event, the case must be closely examined to determine who the first aggressor was and whether the other party was justified in taking the action he took. Generally, these assaults take place when there is a fist fight between persons. These offenses can be either a class C misdemeanor, a c lass B misdemeanor, or a felony if some other conditions are met.
Aggravated Assault
Generally, the aggravating factor in these cases is either serious bodily injury or the display of a deadly weapon during the commission of the offense by the offender. This offense is a felony and depending on the allegation, it can be charged as a third, second, or first degree felony.
Family Violence Assault
This offense is equivalent to a simple assault, but there is a complicating factor of a family relationship. A family relationship is very broadly defined, and it can include, roommates, boyfriend/girlfriend, a sibling, or the mother and father of a child, regardless of whether they are living together or married.
Assault by Offensive Contact
As explained above, this assault does not involve a threat or an injury, but simply some form of contact that is offensive to the alleged victim. It is a class C misdemeanor, and it is handled in municipal court or a justice court.
Kidnapping & Unlawful Restraint
Generally, a person cannot restrain or kidnap another and prevent them from exercising their liberty without good reason. There are some obvious exceptions to culpability for the commission of this offense. For example, if the person doing the restraining or kidnapping is a relative, parent, or guardian of a child, and various other circumstances are involved such as the interest of safety, etc.
Sexual Offenses
This area of offenses is both complicated and serious in nature. It would be difficult to discuss these offenses in a general manner here. If you are accused of a sexual offense, contact an attorney immediately for representation.
Sex Offender Registration
Those convicted of or adjudicated for a sexual offense are subject to reporting as a sex offender either for life or for ten (10) years, depending on the particular offense. Most sexual offenses require lifetime registration. There are some that only require ten (10) years of registration, which begins on the date of discharge from prison or the completion of a supervision period, whichever is later. The Registration statute, found in the Texas Code of Criminal Procedure, is complicated. First, it must be determined whether registration is required and if so, for how long. Then, the registrant must make certain he is compliant with all requirements. Failure to register or to register properly can result in a new offense being charged against the person. Many times, someone is charged with the offense of not registering due to a simple mistake that could have been avoided.
Arson
This offense can be committed either by intentionally starting a fire or recklessly starting a fire during the manufacturing of drugs. It is a serious offense and must be dealt with by a competent attorney. If property is destroyed or a person injured resulting from a fire, and you are accused of causing the damage or injury, contact an attorney immediately.
Criminal Mischief
This offense involves property damage or tampering without consent from the owner. Depending on the value of the property and the circumstances involved, this offense can fall under nearly the entire range of seriousness, from a class C misdemeanor to a first degree felony.
Theft
Generally, theft is the appropriation of property without the owner’s consent, or, receiving property that was known to be stolen. Depending on the value of the item(s) stolen, this offense can range from a low grade misdemeanor offense to a high grade felony offense. It is important to know that a third theft offense that is less than $1,500 in value, but regardless of how small the amount, can be charged as a state jail felony if the individual has been convicted two or more times in the past of a theft of any grade or amount. The most common theft offense is shoplifting.
Theft by Check
If an individual writes a bad check and receives either property or services by use of the bad check, he can be charged with theft by check. A specific type of notice is required to be given by the holder of a bad check to the person who wrote it, and the person who wrote the check has ten (10) days to pay. If payment is not made, that is when charges can be filed.
Theft of Services
This is when services are rendered to a person, but payment is not made for that service. This offense can also include not paying for or returning property under a rental agreement.
Robbery
Robbery is the act of theft that also includes one other element: the occurrence of actual or threatened bodily injury before, during, or immediately after the theft. If there is an actual injury, the injury must not be serious in nature (if serious, the offense would be charged as an aggravated robbery – see below). Robbery is a second degree felony, and therefore very serious.
Aggravated Robbery
A robbery can be aggravated in three ways: by causing non-serious or serious bodily injury to an elderly or disabled person, serious bodily injury to any person, or by using or exhibiting a deadly weapon in the process of the robbery. This is a first degree felony.
Burglary
The offense of burglary is often associated with the offense of theft. However, a theft does not need to occur to satisfy the offense of burglary. Burglary is the entrance of a person, or any part of a person or an object connected to the person, into a building or a habitation (usually a home) while the person simply intended to commit a theft, assault, or a felony therein. It can be either a state jail felony, a second degree felony, or a first degree felony depending on various circumstances.
Fraud
This area of offense contains many different possible crimes and acts. The more common ones are forgery, credit or debit card abuse, giving false statements in order to receive property or credit, deceptive business practices, destruction, removal, or concealment of writing, or the use or possession of identifying information of another.
Computer Crimes
Generally, breaching the security of another’s computer, harassment of someone online, or the sexual solicitation of a minor online make up this area of crime. This is high-tech crime, and there are high-tech elements to these offenses that are important to understand.
Failure to ID
If a person is lawfully detained or arrested, he must give his name, residence address, or date of birth to a peace officer if requested. If the person either does not comply, or instead gives false information, he can be charged with this offense. If the person is a fugitive from justice at the time, the level of offense is increased. In any event, this offense is a misdemeanor and can be a class C, B, or A.
Resisting Arrest
This offense is simply the act of resisting against a peace officer if the officer is attempting to arrest the person. It is a class A misdemeanor, except that it is a second degree felony if the person uses a deadly weapon in the process of resisting arrest.
Resisting Search
This offense is substantially the same as resisting arrest, but the actor is resisting a search by a peace officer rather than an arrest.
Evading Arrest or Detention
This offense is different from resisting in that it involves the actual act of fleeing from a peace officer. If the act of fleeing is done on foot, this is a class A misdemeanor. If, however, the act is done with a vehicle, it is a state jail felony. Also if the actor has once before been convicted for evading, the offense is a state jail felony. If the actor is both using a vehicle, and he has been convicted before, then the offense is a third degree felony. Also, regardless of whether there was a vehicle involved or the person was previously convicted at least once, if a serious injury occurs to someone in the process of fleeing, then the offense is again a third degree felony. If someone dies in the process, it is a second degree felony.
Disorderly Conduct
There are several acts that can constitute disorderly conduct, from cursing to shooting a firearm. The common thread between all these offenses is that they disturb public order and they go in the face of decency. The more minor offenses are class C misdemeanors while the more serious ones can be class B misdemeanors.
Public Indecency
One of the most common offenses involving indecency is prostitution by performing it, soliciting it, or promoting it. The other subcategory of offenses involving indecency is obscenity. Obscenity usually involves acts of a sexual nature ranging from possessing, promoting, selling, distributing, or displaying obscene material or devices, material harmful to a child, or child pornography. Also, involvement in the sexual performance by a child under the age of 18 can constitute obscenity. The employment of a child that is harmful to the child is also an obscenity offense.
Unlawfully Carrying Weapons
If a person does not possess a valid concealed handgun license and is not on his own property nor in a car or directly on the way to or from his car, he cannot possess a handgun, illegal knife, or a club. Also, even if the weapon is in a car, it is an offense to have the weapon in plain view. This offense is a class A misdemeanor except that it is a third degree felony if the weapon is possessed in a place where alcohol is sold by license or permit.
Unlawful Possession of a Firearm
It is unlawful for a person to carry a firearm if the person has been convicted of a felony or a misdemeanor involving family violence, and if five (5) years have not passed from the time the person was released from confinement or community supervision, whichever is later.
Prohibited Weapons
There are several prohibited weapons. This means that there is no circumstance wherein the possession of such a weapon is accepted. The most common weapons are a machine gun, a short barreled gun, a silencer, a switch blade, brass knuckles, armor piercing ammunition, or a zip gun.
Gambling
All gambling offenses are misdemeanors. A person commits the offense when he either participates in gambling or he promotes it or has a gambling place. Generally, “friendly” games are not against the law. However, if someone is at an underground casino or is promoting it, an offense will be committed.
Leaving the Scene of an Accident / Failure to Stop and Render Aid
These offenses are somewhat combined in the Texas Penal Code. Essentially, a person involved in an accident or a person that takes an action that is related closely to or has an effect on an accident must stop at the scene rather than flee. The consequences are greater if the result of the accident involves either death or injury to another. If there is merely property damage, then the offense would be a misdemeanor.
Expunction
In certain cases, the expunction of one’s criminal history record may be available. An expunction order from a judge requires those persons, agencies, and entities that have any record of a particular case to destroy those records. Expunctions are available in the following circumstances: A person is arrested, but not officially charged with an offense for which they were arrested; a person is arrested and charged, but then the case was dismissed; a person is arrested and charged, but is found not guilty by trial. Also, if a guilty trial verdict is overturned later on appeal or if the governor of the state of Texas pardons a person, they would be eligible for expunction. There are exceptions and waiting periods depending on the particular case. Consult with your attorney to determine exactly what remedies are available to you.
Non-Disclosure
In certain circumstances, depending on how someone’s case is disposed of, there are ways that a person’s criminal history record can be sealed. Non-disclosure applies only to cases that were disposed of by deferred adjudication. This does not include straight probation. There are some waiting periods and also some exceptions to the right to have a record sealed, and they are complicated. Be sure to discuss your particular case with your attorney to determine whether you have an option and what that option is.
MIPs – Minor in Possession
This is a class C misdemeanor charge. Even though it is minor in grade, those who receive these citations should still try to keep the offense off of their records. If other, more serious alcohol-related offenses occur in the future, the PI won’t come up and complicate matters with the perception that there is a drinking problem.
Food Stamp Fraud
This is becoming a very common offense in recent years. As tougher economic times are upon us, the need for people to take advantage of food stamps has increased. And, the number of offenses reported for food stamp fraud has also increased. Many times, someone is charged with this offense because of a mistake on an application or form that was made by the person applying for the benefit. See your attorney, and ask him whether there is a way to clarify the situation by shedding light on that mistake.
Organized Crime
This offense requires a minimum of three (3) persons. If three or more persons collaborate to commit an offense, then they can be charged with engaging in organized crime. This offense is commonly used to prosecute gang members, or those persons who the police believe to be in a gang. It is a serious offense, and if you are charged with it, talk to an attorney.
What Questions Can A Competent Lawyer Answer For Me?
A competent lawyer should be able to answer many questions for you. Among those are the following:
Do I have a warrant out for me?
What is a misdemeanor?
What is a felony?
What is a state jail felony?
What kinds of fines are involved?
What is restitution?
How can i get out of jail?
Can I post bond without having to actually go to jail?
How do you get a bond?
What can I expect to happen with my case?
Will I go to jail?
If I go to jail, how long will I be there?
Should I plea bargain my case
Should I request a trial?
If I request a trial, should I request a trial by a judge or jury?
Can my case be dropped before it is indicted by the grand jury (for felonies)?
What if I have been misidentified by someone?
Can I/should I take a lie detector test?
What will be the consequence of my arrest?
What about my criminal history record?
Can I have something taken off from my record?
What is expunction of my criminal record?
What is non-disclosure of my criminal record?
Are juvenile records automatically sealed?
What should I say on job applications about my criminal history?
Who can see my criminal history?
Will I have to register as a sex offender?
What if I was with someone who committed a crime?
What's the difference between federal and state court?
How much will everything cost me?
What about my driver's license?
What if there is a warrant for me, and I am arrested in another county or state?
What is probation?
What is deferred adjudication?
What is a statute of limitations?
How long is a statute of limitations?
What if I am a juvenile?
Can I be tried as an adult if I am a juvenile?
Can my case be reduced to a lesser offense?
Can my case be dismissed?
Can I enter a drug rehab center?
Will drug rehab help my case?
What if I don't have any money for drug rehab?
What kinds of deferred prosecution programs are available?
What if I have a traffic ticket?
What if my ticket is in warrant?
Contact The Law Office Of A. Oliver Hassibi today at 817-332-2222 for bond reductions in Fort Worth, TX.
FAQ’s:
Always. The legal system is complicated, and there are pitfalls that one may encounter unless represented by a competent attorney. It is almost never a good idea to represent yourself; although you have the right to if you want to. There are so many detailed areas of the law with regard to every step of the process, from the arrest to the final disposition of a case.
There are usually three main areas of costs for any criminal case. One is the cost to be released from jail. Another is the cost, if any, of disposing of a case, namely filing fees, fines, and court costs. And, there are attorney’s fees as the third possible cost. All these costs can vary greatly on a case-by-case basis.
Here at my office, we have no set price for any type of offense. I understand that different people have different financial abilities. That is why I stress that everyone comes to see me for a free initial consultation. I want to meet with you, ask questions, let you ask questions, and get to know you and your case before we talk about money. After I know more, then I can propose a certain fee and also talk about a payment plan if you need one. I will always require a down payment, and the remainder of the fee can be paid over the coming months. Come see me, and let’s talk.
This is when a judge orders a search to be done of a particular location. Usually, a reason will be presented to the judge for the search, and a showing of probable cause will have to be made that what the police are looking for is likely at the location to be searched. The police can execute a search warrant on the location thereafter. If the police present a search warrant to you, they are authorized to search the location stated in the warrant. You should not get in their way.
This is much like a search warrant, but it is for the purpose of arresting someone, not for finding something. Once an arrest warrant is issued, law enforcement can arrest you on site and take you to jail.
If there is an arrest warrant out for you, it means a judge has decided that there is probable cause that you committed a crime. Therefore, the judge is ordering law enforcement to arrest you. Sometimes, the police actually come to search for you. Other times, they arrest you if they come in contact with you for another reason, like if they pull you over for speeding. If you know or think that there is a warrant out for you or someone you know, it is best if you proactively address the situation. You should see an attorney to first confirm that there is a warrant. Then, your attorney will advise you as to what can be done next.
Probable cause is the minimum information that is required of law enforcement to make arrests and seize property and thereafter prosecute individuals for crimes. Generally, it means that the police must have good information from some reliable source that a crime was committed by a particular person. A higher level of proof must be shown later on in order to convict someone (proof beyond a reasonable doubt). However to charge someone with a crime, probable cause is the requirement.
Do not argue with the police officers. Go with them peacefully. Also, although it is sometimes okay to speak to police officers and investigators, it is always the best idea not to speak at all until your attorney is present with you or at least has advised you. After you are arrested, you will be taken before a magistrate. The magistrate will do several things, which among others should include determining whether there was probable cause to arrest you (if there was no warrant), notifying you of the many rights you have, setting the bond amount that is required for you to be able to get out of jail while your case is pending, and asking you whether you believe you should have an attorney appointed to you or whether you believe you will hire your own attorney independently. Soon thereafter, whether you bond out or not, the police will usually file charges against with the district or county attorney’s office, and they will proceed with your prosecution.
The police are allowed to use force against you in certain cases. For example, if you resist arrest, the police are allowed to use force to arrest you. However, the amount of force they are allowed to use will vary. No matter what, it can be no more than the amount that was necessary and reasonable in order to arrest you.
The court system wants to make sure that you come back to court if they let you out during the time that your case is pending. In order to try to do that, the government will require security. That security can either be the full amount of the bail paid up front and held by the county during your case, or, it can be what’s called a “bond” from someone authorized to put up that bond as the security (usually done by a bondsman or an attorney for a fee). If the government receives that security, they will feel safer about your return to court for appearances, and so they will agree to release you while your case is pending. The government dictates what that security will be. Whatever it is, it must be appropriate. It cannot be too excessive. Often, your attorney can argue on your behalf to have the bond in your case reduced if it is set at an unreasonable amount.
There are only a few ways that a police officer has the right to search your home. Some of the more common ones are: (1) if the police have a valid warrant; (2) if the police see something in your house that gives them the right to enter and search your home; (3) if the police are pursuing someone and that individual enters your home; or (4) if the police believe that the destruction of evidence is imminent and they must enter in order to prevent that destruction. There are other ways, but those are some of the more common ones. If a police officer does not have a warrant and asks you for permission to search your home, you have the right to say no. If the police force a search of your home anyway, stay out of their way. If you are charged with a crime resulting from what the police find during an illegal search, there are things that can be done later by your attorney in order to try to protect you and you rights.
This scenario is different from the search of a home. A police officer can see inside of a car more easily. Also, if you commit a crime, like driving while intoxicated, the police can search certain areas of your car. They can also search the entire car if they impound it after they arrest you. In those cases, a police officer will not ask for permission to search your car. However, if an officer pulls you over and asks your permission to look in your trunk or your car, you have the right to say no. Again, if the police decide to search your car despite your rejection of their request for permission, stay out of their way. Consult your attorney at a later time about your rights.
It may be possible to have your case dismissed. Sometimes, the prosecutor on your case will dismiss it because he/she does not believe the case should have been filed in the first place (not enough evidence, etc.). Other times, you may agree to plead out your case so that if you complete certain requirements during a period of time, your case will then be dismissed. There are many different reasons why a case may be dismissed. The question must be answered on a case-by-case basis. Contact your attorney to get more information about the possible outcomes of your case.
It is possible that you will have to serve jail or prison time. The answer to this question can often be extremely detailed, and it is something that must be determined on a case-by-case basis. It is difficult for those who are charged with a crime to contemplate the possibility of being incarcerated. Naturally, there are feelings of fear and despair. Your attorney should be someone who shares your feelings and who wants to help you throughout the strenuous process of going through the legal system. Make sure you hire someone that is willing to give you personal attention and does not think of you as just another client.
This is a risk-reward situation. The key is to analyze, as accurately as possible, the level of risk. Some trials are practically un-winnable. Others appear to be slam dunks. However, the reality is that you never really know what will happen at trial. Whether a trial by judge or jury, the verdict may always be different from what you expect or want. Ultimately, you cannot get into any person’ head to see what they are thinking. Perception is a tricky thing, and even though you attempt to influence someone’s perception of a matter, they may perceive something completely different from what you intend. In the end, the most important thing to do is to retain an attorney who is experienced, is not afraid to go to trial, and is realistic and trustworthy in his or her advice to you about the issues involved so that you can make the best decision possible for your case. And yes, the decision must be made by the client. No attorney can or should make that decision for you. All they can do is to provide you with as much information as possible so you can make as accurate a decision as possible.
The most common type of trial is a jury trial. However, trials by judges are appropriate in some circumstances. For example, if the matter at hand is one relating to a question of law rather than a question of fact, then it’s possible that a judge would be the best suited person to hand down a decision. Of course, the court you are in and the judge presiding over your case makes a big difference. That is why you need to retain an attorney who is knowledgeable about the court and the judge in your case. With most questions of fact, a jury is usually the better way to go. A “question of fact” involves determining what actually happened in a particular incident and who is telling the truth. For example, is a particular witness that is critical to the case lying? Or, is he or she being honest? These questions are often best left to a jury to decide.
A plea bargain is just as it sounds. It is a situation in which the prosecutor and the defense attorney discuss a case and negotiate a disposition for the case. Ultimately, the decision to accept or reject the plea bargain is up to the client and no one else. Some of the critical factors in the process of coming up with the best plea bargain offer are negotiation skills, knowledge of the court and the prosecutor being dealt with, and for the prosecutor to know that he or she is willing to take the case to trial if necessary. These are all motivating factors and key pieces of information necessary for obtaining the best possible offer from the DA’s office. In the end, if the client is not happy with the offer, the only remaining choice is usually to go to trial, either by judge or jury.
The legal system and legal language can be extremely confusing to laymen without legal training. The Law Office Of A. Oliver Hassibi wants to make sure you understand the charges that have been brought against you as well as the process that ought to be adhered to in searching your person or property, taking you into custody, and handling your case. Our Texas Law bulletin offers this information as well as information on new laws as they come into being and addendums to existing laws.
12.44(a) and 12.44(b), Texas Penal Code
These two sections of the Texas Penal Code allow for the treatment of a state jail felony as a class A misdemeanor. In section (a), a court may punish an individual guilty of a state jail felony by confining him to a county jail facility rather than a state jail facility. Unfortunately, the person would still have to serve his sentence on a day-for-day basis with no time off for good behavior or additional credit for each day served. In section (b), a court can authorize a state jail felony to not only be punished as a class A. misdemeanor, but also prosecuted as one. Therefore, a conviction under section (b) would result in a misdemeanor conviction, not a felony conviction.
Our Texas Law Bulletin:
In Texas, the law allows repeat offenses by individuals to be either enhanced to the next higher level of offense or instead, it places a minimum term of confinement that is higher than it otherwise would be. The area of law involving enhancements is complicated, and an attorney should be consulted on a case-by-case basis to determine enhancement, if applicable.
Courts are permitted by law to charge costs to defendants that are convicted or otherwise enter a plea of guilty. Costs vary, but are generally not unreasonably great, and most courts and counties offer payment plans to defendants with very reasonable terms.
Traffic citations are class C misdemeanors (see above). They are punishable by fine up to $500. The Texas Transportation Code governs traffic citations. In Texas, there are many possible complications when an individual has one or more convictions for certain types of violations. The goal for a defendant and his attorney should usually be to keep a citation off of the person’s record and to keep the costs as low as possible. If an individual has a CDL, there will be other considerations in order to protect the person’s license. Speak to your attorney about your options.
The burden of proof is “Beyond a Reasonable Doubt”. This is the level of proof required to be met by the government before someone can be convicted for a crime. This level of proof is the highest in our land, and it is not easy to meet. Each offense has elements, and each element must be proved beyond a reasonable doubt. The fact that someone has been arrested, confined, or indicted for, or otherwise charged with an offense cannot give rise to any inference of guilt whatsoever, and each person is innocent unless this burden is met.
This term refers to the length of time that the government has to present an indictment or information, or in other words, charge someone with a crime. The intent of this law is twofold – first, there are some offenses that our legislature has determined to be of a serious enough nature that they have mandated either no limitation or a very high limitation for the government. Other offenses, however, have much shorter periods of time for limitations, and they are usually less serious offenses. Generally, the period of limitations for misdemeanors is two (2) years from the date of the offense. For felonies, there are a variety of limitation periods depending on the offense. These offenses and their limitation periods are detailed in the Texas Code of Criminal Procedure (CCP). If the offense is a felony, but not one of the ones specifically addressed in the CCP, then the limitation period is three (3) years. There are some exceptions to limitation periods also. Consult with your attorney in order to obtain a full understanding and explanation of these exceptions and how they may apply to your case.
This area of law allows for certain persons to be criminally responsible for the actions of another. The most common example of this is when two or more persons engage in criminal conduct, but one of the individuals commits some other offense than the one that was originally intended by the group. In certain circumstances, everyone involved can be charged with that offense even though not all of the persons actually did the act of the crime. This area is somewhat complicated. If you are accused of committing an offense, but you did not actually take the actions necessary to commit the offense yourself, you should have an attorney advise you as to your rights and the details of this area of law and how it may apply to your case.
There are several circumstances which essentially excuse someone for conduct resulting in an offense. Among the most common are insanity, duress, entrapment, self-defense, defense of others, and the defense of property. This list is not exhaustive, and no one reading this should plan to commit an offense and rely on a possible defense or justification to excuse his actions. If an offense is committed, you should be advised by an attorney after the attorney hears the details of the incident. The attorney should be able to you whether any of these excuses apply to your case.
An attempted offense is one that was intended and more than merely prepared for by the offender, but the result desired by the offender was not reached. Generally, offenses that are attempted are prosecuted as one offense category lower than the offense itself. For example, an attempted state jail felony would be prosecuted as a class A misdemeanor.
Generally, a person cannot restrain or kidnap another and prevent them from exercising their liberty without good reason. There are some obvious exceptions to culpability for the commission of this offense. For example, if the person doing the restraining or kidnapping is a relative, parent, or guardian of a child, and various other circumstances are involved such as the interest of safety, etc.
This offense involves property damage or tampering without consent from the owner. Depending on the value of the property and the circumstances involved, this offense can fall under nearly the entire range of seriousness, from a class C misdemeanor to a first degree felony.
This offense can be committed either by intentionally starting a fire or recklessly starting a fire during a manufacturing of drugs. It is a serious offense and must be dealt with by a competent attorney. If property is destroyed or a person injured resulting from a fire, and you are accused of causing the damage or injury, contact an attorney immediately.
This offense involves property damage or tampering without consent from the owner. Depending on the value of the property and the circumstances involved, this offense can fall under nearly the entire range of seriousness, from a class C misdemeanor to a first degree felony.
This area of offense contains many different possible crimes and acts. The more common ones are forgery, credit or debit card abuse, giving false statements in order to receive property or credit, deceptive business practices, destruction, removal,or concealment of friting, or the use or possession of identifying information of another.
Generally, breaching the security of another's computer, harassment of someone online, or the sexual solicitation of a minor online make up this area of crime. This is high-tech crime, and there are high -tech elements to those offenses that are important to understand.
If a person is lawfully detained or arrested, he must give his name, residence address, or date of birth to a peace officer if requested. If the person either does not comply, or instead gives false information, he can be charged with this offense. If the person is a fugitive from justice at the time, the level of offense is increased. In any event, this offense is a misdemeanor and can be a class C, B, or A.
This offense is simply the act of resisting against a peace officer if the officer is attempting to arrest the person. It is a class A misdemeanor, except that it is a second degree felony if the person uses a deadly weapon in the process of resisting arrest.
This offense is substantially the same as resisting arrest, but the actor is resisting a search by a peace officer rather than an arrest.
This offense is different from resisting in that it involves the actual act of fleeing from a peace officer. If the act of fleeing is done on foot, this is a class A misdemeanor. If, however, the act is done with a vehicle, it is a state jail felony. Also if the actor has once before been convicted for evading, the offense is a state jail felony. If the actor is both using a vehicle, and he has been convicted before, then the offense is a third degree felony. Also, regardless of whether there was a vehicle involved or the person was previously convicted at least once, if a serious injury occurs to someone in the process of fleeing, then the offense is again a third degree felony. If someone dies in the process, it is a second degree felony.
There are several acts that can constitute disorderly conduct, from cursing to shooting a firearm. The common thread between all these offenses is that they disturb public order and they go in the face of decency. The more minor offenses are class C misdemeanors while the more serious ones can be class B misdemeanors.
One of the most common offenses involving indecency is prostitution by performing it, soliciting it, or promoting it. The other subcategory of offenses involving indecency is obscenity. Obscenity usually involves acts of a sexual nature ranging from possessing, promoting, selling, distributing, or displaying obscene material or devices, material harmful to a child, or child pornography. Also, involvement in the sexual performance by a child under the age of 18 can constitute obscenity. The employment of a child that is harmful to the child is also an obscenity offense.
All gambling offenses are misdemeanors. A person commits the offense when he either participates in gambling or he promotes it or has a gambling place. Generally, "friendly" games are not against the law. However, if someone is at an underground casino or is promoting it, an offense will be committed.
These offenses are somewhat combined in the Texas Penal Code. Essentially, a person involved in an accident or a person that takes an action that is related closely to or has an effect on an accident must stop at the scene rather than flee. The consequences are greater is the result of the accident involved either death or injury to another. If there is merely property damage, then the offense would be a misdemeanor.
This is becoming a very common offense in recent years. As tougher economic times are upon us, the need for people to take advantage of food stamps has increased. And, the number of offenses reported for food stamp fraud has also increased. Many times, someone is charged with this offense because of a mistake on an application or form that was made by the person applying for the benefit. See your attorney, and ask him whether there is a way to clarify the situation by shedding light on that mistake.
