FREQUENTLY ASKED QUESTIONS
ABOUT FELONY CASES IN TEXAS.
So you were recently arrested and charged with a felony offense.
You are probably wondering “How serious is my case? What can
I expect? Will I get probation? Will I have to go to prison? Will
I have a permanent criminal record? How can I prevent having a conviction?
What is Deferred Adjudication? What if I want a jury trial?”
These are all important questions for you to be asking about your
case. What follows are answers to some of the most commonly asked
questions about felony offenses in Dallas and Tarrant County, Texas.
This informational packet should give you a good idea of what to
expect from the court system, and should put to rest some of your
doubts and uncertainties about your case.
HOW SERIOUS IS MY FELONY CASE?
Felonies are divided into different classes including state jail
felonies, 3rd degree felonies, 2nd degree felonies, first degree
felonies and capital felonies.
State jail felonies have a range of punishment of a minimum of
6 months, up to a maximum of two years in state jail, and up to
a $10,000 fine. Some common state jail felonies are possession of
under 1 gram of a penalty group 1 controlled substance (cocaine,
methamphetamine, heroin), possession of 2 ounces to 5 pounds of
marijuana, theft 1500-20,000, theft under 1500 with two prior convictions,
credit card abuse, some forgery cases, burglary of a building and
unauthorized use of a motor vehicle (auto theft).
Third degree felonies have a range of punishment of a minimum of
2 up to a maximum of 10 years in the penitentiary, and up to a $10,000
fine. Some common third degree felonies are driving while intoxicated
with two prior DWI convictions, assault against a family member
with one prior family violence conviction, possession of 1 to 4
grams of a penalty group 1 controlled substance, and some cases
of forgery, fraud or tampering with government documents.
Second degree felonies have a range of punishment of a minimum
of 2 up to a maximum of 20 years in the penitentiary, and up to
a $10,000 fine. Some common second degree felonies include burglary
of a habitation, aggravated assault with a deadly weapon, sexual
assault, assault against a peace office, robbery, manslaughter,
possession of 4 to 200 grams of a controlled substance, and possession
with intent to deliver 1 to 4 grams of a controlled substance.
First degree felonies have a range of punishment of a minimum of
5 up to a maximum of 99 years or life in the penitentiary, and up
to a $10,000 fine. Some common first degree felonies include murder,
aggravated sexual assault with a child, aggravated robbery with
a deadly weapon, aggravated assault with a deadly weapon against
a peace officer, and possession of 4 to 200 grams of a controlled
substance with intent to deliver.
Capital felonies have a range of punishment of either life in prison
or death. Capital felonies include murder of a peace officer; murder
committed during an aggravated robbery, aggravate sexual assault,
or prison escape; murder for hire; serial murder or murder of a
child under 6 years of age.
WHAT IS AN "INDICTMENT”?
If a defendant is charged with a felony, the state must first seek
an “indictment” before the defendant is required to
enter a plea or stand trial. In order to obtain an indictment, an
assistant district attorney must appear before a “grand jury”
and present the facts of the case to the grand jury. The grand jury
is a panel of 12 citizens who serve for six weeks at a time. After
the grand jury hears the facts of the case, they decide whether
or not “probable cause” exists to believe the defendant
committed the crime described in the information. If the grand jury
believes that the state has presented them with enough evidence
to constitute probable cause, then the foreman of the grand jury
signs the bottom of the indictment. At this point, the case is said
to be “true billed”, and the defendant is “indicted”.
The case can then proceed to a district court, and the defendant
can be required to appear in court and request a trial or enter
a plea.
If the grand jury does not believe that sufficient evidence exists
to constitute probable cause, then the grand jury rejects the case,
and the case is said to be “no-billed”. If a case is
no-billed, it is dismissed from the court’s docket, and the
defendant is not required to take any further action, although the
state may re-file the case within the period of the statute of limitations
if additional evidence is obtained.
WHAT GOES ON IN THE GRAND JURY PROCEEDINGS?
Rules of evidence do not apply in the grand jury proceeding. The
assistant district attorney is permitted to present evidence in
the form of “hearsay.” Usually, the assistant district
attorney simply reads the police report to the grand jury. Occasionally,
witnesses do testify. However, the defense attorney is not permitted
to be present during the witness’s testimony or cross examine
the witness. If the state agrees, the defense lawyer can send witnesses
or even his own client into the grand jury room to testify and tell
his side of the story to the grand jury. However, any participation
by defense counsel in the grand jury proceedings is only by agreement
with the state. The Defendant has no right per se to present evidence
or have any role whatsoever in the grand jury proceeding.
SHOULD MY ATTORNEY BE INVOLVED IN THE GRAND JURY PROCEEDING?
If you hire your attorney before you are indicted, your attorney
may be able to work out a more favorable deal for you if he gets
involved with your case at the grand jury stage. If you are guilty
of the offense you are accused of, a prosecutor may offer you a
better deal if you waive indictment and save the prosecutor the
trouble of presenting your case to the grand jury. If you are not
guilty of the offense you are accused of, your attorney should speak
with the prosecutor prior to indictment. If your attorney shows
the grand jury prosecutor evidence casting doubt on your guilt,
the grand jury prosecutor may pass that evidence along to the grand
jury members. If the grand jury prosecutor believes that you are
not guilty of the offense, he may even ask the grand jury to return
a “no bill”, or indict you on a lesser-included felony
or misdemeanor. Although in most cases the defense lawyer does not
begin his work until after the grand jury has returned an indictment,
in many cases it is to the client’s benefit for his attorney
to work with the grand jury prosecutor prior to indictment.
WHAT HAPPENS IF MY CASE IS INDICTED? HOW SOON WILL I HAVE TO GO
TO COURT?
Once your case is indicted, you will be required to appear in court,
usually within 30 days. At the first court appearance, your lawyer
will speak with the prosecutor, and the prosecutor will make a “plea
bargain offer”. In other words, the prosecutor will offer
to enter into an agreement to recommend a certain sentence to the
court, in exchange for your guilty plea. This is referred to as
an “agreed recommendation for punishment”.
WILL I HAVE TO DECIDE WHETHER OR NOT TO ACCEPT THE PLEA BARGIN
AGREEMENT ON MY FIRST COURT DATE?
No. In most courts, on the first court date you can “pass
to announce.” This means that your lawyer can ask the court
coordinator for a continuance, and your case can be reset two weeks
to thirty days in the future. During that time, you can confer with
your lawyer and decide whether or not to accept the state’s
offer. Your lawyer can also talk with the prosecutor and try to
convince the prosecutor to make you a better offer.
After returning to court, you will generally be required to “announce”.
This means that you will be required to inform the court whether
you intend to plead guilty and accept a plea agreement from the
state or plead not guilty and seek a jury trial. (This announcement
is usually done through your attorney.) Not every court will allow
you to continue your case for announcement. Some felony courts require
defendants to announce on the first court date, when the state initially
makes its offer.
WHAT IF I DECIDE I WANT TO ACCEPT THE PROSECUTOR'S OFFER AND PLEAD
GUILTY?
If you decide to accept the state’s plea offer and plead
guilty, the court will generally allow you to “set”
your case for a plea. This means that you can ask for another continuance,
and have your case reset thirty to ninety days in the future, at
which time you will come back to court and plead guilty. The judge
will then sentence you and you will begin to serve your sentence.
WHAT KIND OF PLEA BARGIN OFFER WILL THE PROSECUTOR MAKE?
Generally, the prosecutor will make an offer for probation, deferred
adjudication, state jail time or penitentiary (prison) time.
WHAT IS PROBATION?
Probation is community supervision. It is a way for you to serve
your sentence while still living and working in the community, rather
than by going to state jail or prison. If you accept an offer for
probation, the court will find you guilty, convict you, and sentence
you to state jail or penitentiary time. But rather than make you
serve the time, the court will “probate” the sentence
and place you on community supervision for several years. For a
state jail felony, the court can place you on probation for a minimum
of 2 or a maximum of 5 years. For a third, second or first degree
felony, the court can place you on probation for a minimum of 2
or a maximum of 10 years.
During the time that you are on probation you will be required
to report in person to a probation officer once per month. You will
be required to pass drug tests and complete community service hours.
You may also be required to participate in some kind of class or
counseling appropriate to your offense. Typically you will be required
to submit to a substance abuse evaluation. If the evaluation determines
that you are at a high risk for substance abuse, you may be required
to attend counseling or treatment for substance abuse. In some less
common cases, the court might require that you serve county jail
time as a condition of probation. The court can order up to 180
of county jail time as a condition of a felony probation.
A typical probation sentence might be “5 years in prison
probated for 7 years”. This means that you are on probation
for seven years. Seven years is the “period of probation.”
If you violate your probation during those seven years, you can
be sent to prison for up to 5 years. Five years is your “exposure”.
Your exposure can never be more than 10 years. Any sentence greater
than 10 years cannot be probated.
WHAT IS DEFERRED ADJUDICATION?
“Deferred adjudication” is a special kind of probation
where you are not convicted. You plead guilty but the judge does
not find you guilty. Instead he “defers a finding of guilt”
and places you on community supervision. If you complete the probation
without any violations, the case is dismissed and you do not receive
a final conviction. If anybody ever asks you if you were convicted
of a felony, you can truthfully tell them no. Your case will still
appear on your criminal record, but after 5 years in most cases
you can petition the court for a “non-disclosure order”,
sealing your record from the public.
WHAT IF I VIOLATE MY PROBATION?
If you violate your probation by failing to report, committing
a new offense, giving a dirty drug test or failing to complete some
other condition of probation, the prosecutor will file a motion
to revoke your probation. You are entitled to a hearing at which
the prosecutor must prove to the judge that you violated your probation.
If the judge believes that you violated your probation, he can revoke
you and make you serve your time. If you are sentenced to probation,
the judge can sentence up to your exposure. For instance if your
sentence is “5 years in prison probated for 10 years”,
then if you are revoked the judge can send you to prison for a maximum
of 5 years. However, if you are on deferred adjudication probation,
upon revocation the court can sentence you anywhere up to the maximum
sentence in the range of punishment for your class of offense. So,
for instance if you are on deferred adjudication for a second degree
felony, the court can send you to prison for up to 20 years if you
are revoked.
AM I ELIGIBLE FOR PROBATION?
This is a tricky question. Most prosecutors will say that you are
not “probation eligible” if you have a prior felony
conviction. Strictly speaking, this is not true. You are only eligible
to receive probation from a jury in the punishment phase of trial
if you file an affidavit prior to trial certifying that you have
never before been convicted of a felony (called the “application
for probation.”) However, if you plead guilty it is possible
to get probation pursuant to a plea agreement, even if you have
a prior felony conviction. In most cases, however, the prosecutor
will not offer a plea agreement for probation to a defendant with
a prior felony conviction.
WHAT HAPPENS IF I DO NOT WANT TO ACCEPT THE STATE'S OFFER?
If you decide that you do not want to accept the state’s
offer for a plea agreement, you generally have two choices: you
can plead not guilty and have your case tried by a jury, or you
can plead guilty without a plea agreement and have the judge decide
your sentence. This second option is called an “open plea”,
or “pleading open to the court”.
WHAT IS AN "OPEN PLEA"?
An “open plea”, or “pleading open to the court”
is when you plead guilty to the judge without a plea agreement.
The judge decides your sentence after hearing evidence and arguments
of counsel. Your attorney can present evidence or have witnesses
testify on your behalf. After holding a sentencing hearing, the
judge will decide your punishment.
Usually in an open plea on a felony case, before assessing punishment
the court will order a pre-sentence investigation. After the defendant
pleads guilty, the court will reset the case thirty to sixty days
in the future for sentencing, to give time for the pre-sentence
investigation. Typically, the pre-sentence investigation is done
by a probation officer. The investigator will review the facts of
the case and the history of the defendant. The investigator will
interview the defendant, and will usually also interview the defendant’s
family, employer and social contacts regarding the defendant’s
history. The investigator will prepare a pre-sentence investigation
report for the court. A copy of the report will be made available
to the attorneys for the defense and the state. The judge will review
the report and use it to base his decision on punishment.
IF I PLEAD OPEN, WILL THE JUDGE GIVE ME A BETTER DEAL THAN THE
PROSECUTOR'S OFFER?
If you enter an open plea, the judge might give you a better deal,
or the judge might give you a worse deal. The judge can sentence
you anywhere within the range of punishment for your offense. The
judge can defer a finding of guilt and give you deferred adjudication;
the judge can find you guilty, convict you and sentence you, probate
your sentence and place you on probation; or the judge can sentence
you to state jail or penitentiary time and make you serve your sentence.
As long as the judge’s sentence falls within the range of
punishment allowed by law, you have no right to appeal. As a practical
matter, your attorney will not typically advise you to plead open
unless he believes that the judge will most likely give you a better
sentence than the state’s offer.
WHAT IF I DID NOT COMMIT THE CRIME I AM ACCUSED OF?
If you are falsely accused of a crime, you should plead “not
guilty” and request a trial.
HOW SOON WILL MY CASE BE TRIED?
Once you announce “trial”, your case will be set for
trial 30 to 90 days in the future. On your trial date, your case
will be set for trial with 10 to 20 other cases. The court will
try the oldest case first and work its way back. Your case may be
tried on your trial setting date, or your case may reset to another
trial date, depending on how old your case is and how backed up
the court’s docket is. You will be required to attend every
trial docket setting until your case is reached for trial. It is
not unusual for felony cases to be tried six months to year or after
the date of arrest.
HOW DOES A JURY TRIAL WORK?
A jury trial is “bifurcated”, meaning that there are
two parts to the trial. The first part of the trial is the guilt-or-innocence
phase. The second part of the trial is the punishment phase. The
trial only reaches the punishment phase if the jury returns a guilty
verdict in the guilt-or-innocence phase.
The guilt-or-innocence phase of the trial begins with a process
called “vior dire”, or jury selection. 60 potential
jurors are brought into the courtroom, and the prosecutor and defense
lawyer each have an opportunity to ask questions to the potential
jurors. After each lawyer has had an opportunity to question the
jury panel, each side can “strike” up to 12 potential
jurors. The first 12 jurors left over after each side has selected
their strikes will make up the jury. Jury selection is a process
of elimination.
Once the jury is selected, each lawyer can give an opening statement.
Once each side has made its opening statement, the state presents
its evidence. The state gets to present its case first, because
the state has the burden of proof. The state will call witnesses
to the stand and have the witnesses testify. The defense lawyer
will have an opportunity to cross examine each of the state’s
witness. Once the state has presented all of its evidence, the state
will rest its case. After the state rests the defense will have
an opportunity to call witnesses or present evidence. Unlike the
state, the defense is not required to call any witnesses or present
any evidence. The state has the burden of proof in a criminal trial,
and must prove its case beyond a reasonable doubt. If, after the
state presents its evidence, a reasonable doubt as to the defendant’s
guilty still exists in the minds of the jurors, the jury must find
the defendant “not guilty” even if the defense presents
no evidence whatsoever.
Once each side has presented its evidence and rested its case,
then each lawyer will have an opportunity to make closing arguments
to the jury. The prosecutor makes his closing arguments first, since
the state has the burden of proof. After the defense lawyer makes
his closing arguments, the prosecutor has the opportunity to speak
to the jury again to make rebuttal arguments. Once both sides have
made their closing arguments, the judge will instruct the jury about
the law they must follow (the “jury charge”), and the
jury is released to the jury room to deliberate. The jury can deliberate
for as short or as long of a time as they choose before they reach
a verdict. The jury verdict must be unanimous. If even one juror
holds out for a different verdict than the majority, and will not
change his mind, then the jury will be “hung”, and the
judge must declare a mistrial. If the judge declares a mistrial,
the case moves back to square one and must be retried.
During the guilt or innocence phase, the jury may only hear evidence
that is relevant to whether or not the defendant committed the offense.
Generally, the prosecution cannot present the jury with evidence
of “extraneous offenses” (other crimes or wrongdoings
committed by the defendant) during the guilt-or-innocence phase
of trial. There are exceptions to this rule. The state may offer
evidence of extraneous offenses during the guilt or innocence phase
to try to establish the defendant’s identity, motive, or that
the defendant’s acts were part of an ongoing series of related
crimes. During the punishment phase, however, the prosecution is
free to present evidence of other crimes committed by the defendant,
to try to persuade the judge or jury to impose a harsher punishment
on the defendant. The state can present evidence of the defendant’s
prior criminal record at the punishment phase of trial, even though
the defendant already finished serving his sentences on those priors.
WHO ASSES PUNISHMENT IN THE EVENT OF A GUILTY VERDICT?
The defendant can chose to have either the jury or the judge assess
punishment at the punishment phase of trial. The defendant must
make this decision before the start of trial. If you decide to take
your case to trial, your attorney will counsel you on whether to
choose to have the jury or judge assess punishment in the event
of a guilty verdict.
WHY WOULD I WANT THE JUDGE TO ASSESS PUNISHMENT AT TRIAL?
A judge is more predictable than a jury. Judges hear felony cases
every day, and are not as likely to be shocked by the facts the
way a jury might be. If you do not have a previous felony conviction,
then a judge is likely to probate your sentence following a guilty
verdict on a non-violent offense, whereas the same jury who convicted
you might send you to the penitentiary.
Also, the defendant is only eligible to receive probation from
a jury following a guilty verdict at trial if he has never before
been convicted of a felony. A defendant who has previously been
convicted of a felony is not eligible to receive probation from
a jury following a guilty verdict at trial, and must elect to have
the judge assess punishment if he hopes to be probated.
WHY WOULD I WANT THE JURY TO ASSESS PUNISHMENT?
If you are in front of a “hanging judge” who has a
reputation for being harsh on punishment, you might do better with
the jury on punishment. Also, if you are charged with an offense
that is classified as a “3G” offense, then, by law,
you cannot not receive probation from the judge following a guilty
verdict at trial. If you are charged with a 3G offense, you can
only get probation from a jury following guilty verdict at trial.
WHICH OFFENSES ARE "3G" OFFENSES?
Article 42.12 Section 3G of the Texas Code of Criminal Procedure
contains a complete list of the 3G offenses. 3G offenses include
murder, indecency with a child, aggravated sexual assault, aggravated
robbery, and aggravated kidnapping. Also, any other felony offense
can be made a 3G offense if it is alleged in the indictment and
proven at trial that a deadly weapon was used or exhibited in the
commission of the offense.
WHAT IF I AM CHARGED WITH A 3G OFFENSE AND I HAVE A PRIOR FELONY
CONVICTION?
This is a rock-and-a-hard-place. If you have a prior felony conviction
you cannot receive probation from the jury following a guilty verdict
at trial. If you are charged with a 3G offense, you cannot receive
probation from the judge following a guilty verdict. If you are
charged with a 3G offense AND have a prior felony conviction, you
cannot get probation from the jury OR the judge following a guilty
verdict at trial. If you have a prior felony conviction and are
on trial for a 3G offense, you are truly “not probation eligible”.
Your only hope of staying out of prison would be for the jury to
find you “not guilty”, or to plead open and ask the
judge for deferred adjudication. It is always within the judge’s
legal authority to defer a finding of guilt following a guilty plea.
In reality, if you are not probation eligible and you are hoping
for probation following an open plea of guilt, your lawyer needs
to be able to present a very compelling argument for why you deserve
probation in order for you to have any hope of not going to prison.
AFTER I REJECT THE STATE'S OFFER FOR A PLEA AGREEMENT AND ANNOUNCE
"TRIAL", CAN I STILL CHANGE MY MIND AND PLEAD GUILTY?
Yes. Although the State’s offer has been rejected at this
point, the defense lawyer can still try to persuade the State to
make a better offer, and the State is still free to enter into plea
agreements after the case has been set for trial. Often the best
offers are not made until the case is reached for trial or is on
the “short list” for the upcoming trial docket. The
reason for this is that prosecutors often do not contact their witnesses
or review their cases in detail until they are forced to prepare
the case for an upcoming trial. Often there exist weaknesses in
the state’s case that are not evident when the case is reviewed
on its face. Once a prosecutor realizes that he might not obtain
a conviction if he proceeds with a jury trial, he may become very
motivated to make a sweetheart offer to move the case off the court’s
trial docket rather than waste the court’s time trying a questionable
case. Often a prosecutor will offer a defendant charged with a felony
the opportunity to plead to a “lesser included” misdemeanor
offense, rather than proceed with a jury trial on a questionable
case.
A good defense lawyer will try to persuade the prosecutor to make
that sweetheart deal on the first court setting, and will bring
whatever evidence he needs to show the prosecutor the weaknesses
of his case. However, most prosecutors will not make those sweetheart
offers until they are faced with the real possibility of a jury
trial. Certainly it helps if the defense lawyer has a reputation
for trying cases competently, and the prosecutor knows the defense
lawyer is not bluffing when he suggests that he will take the case
to trial.
THAT PROBATION OFFER THE STATE MADE ON OUR FIRST COURT DATE IS
STARTING TO LOOK PRETTY GOOD. CAN I GET THAT DEL BACK, AFTER I REJECTED
IT?
Once an offer for a plea agreement has been rejected, a prosecutor
is under no obligation to re-offer the deal or put it back on the
table. You are always taking a risk when you decide to reject the
state’s offer.
WHAT SHOULD I DO? SHOULD I REJECT THE STATE'S OFFER AND TAKE MY
CASE TO TRIAL?
Your attorney will counsel about whether you should accept the
state’s offer or reject the offer and ask for a trial. Before
you decide whether to take your case to trial, you will want to
know if the state can prove its case. Your attorney will refer to
the Penal Code to determine the elements of the offense. The “elements
of the offense” are the facts the state must prove beyond
a reasonable doubt in order to obtain a conviction. If the district
attorney in your county has an “open file” policy, then
the prosecutor will let your attorney read the police report. Although
the district attorney will generally not let your attorney give
you a copy of the report, your attorney usually can read the report
to you.
Are the elements of the offense met by the facts described in the
police report? Is the information provided by a key witness questionable
on its face? Did the police violate your fourth amendment rights
to be free from unreasonable search and seizure? Was there reasonable
suspicion to detain you, and probable cause to arrest you? If any
evidence was obtained as the result of a warrantless search without
consent unsupported by probable cause, your attorney may file a
motion to suppress evidence. If the elements of the offense are
not met by the facts described in the police report, or if the state’s
case relies upon evidence that comes from a sketchy witness or was
discovered as the result of an illegal stop or search, then you
may want to consider pleading “not guilty”. You may
want your lawyer to have your case set on a trial docket and try
the case before a jury or push for an unconditional dismissal or
a lesser-included-offense plea.
I KNOW I DID SOMETHING WRONG, AND I DID SOMETHING WRONG, AND I
THINK I BROKE THE LAW, BUT I DON'T THINK I AM GUILTY OF THE FELONY
OFFENSE I AM ACCUSED OF. WHAT IS A "LESSER INCLUDED OFFENSE"?
A lesser included offense is an offense of a lower class that has
many of the same elements necessary to prove a greater offense.
For instance, assault is a lesser included offense to aggravated
assault with a deadly weapon. Trespass is a lesser included offense
to burglary. Theft 50-500 is a lesser included offense to theft
1500-20,000. Possession of a controlled substance is a lesser included
offense to delivery of a controlled substance. Driving while intoxicated
is a lesser included offense to intoxicated assault. The list goes
on and on. “Attempt” to commit an offense is always
a lesser-included offense to the offense itself, and is always one
offense class lower than the actual offense.
Many felony offenses have lesser-included offenses that are misdemeanors.
If you are charged with a felony and the state has obvious problems
with its case, your attorney may be able to persuade the prosecutor
to let you plead guilty to a lesser-included misdemeanor. Your attorney
may ask the prosecutor to agree to this on the first court date,
and the prosecutor may say no. You might reject the state’s
offer to plead guilty to the felony and ask your attorney to set
your case for trial. Once your case gets close to being reached
for trial, the prosecutor might look at his evidence and decide
he doesn’t think his case is so good after all. The prosecutor
might offer to allow you to plead guilty to a lesser-included misdemeanor
after your case has been set on a trial docket.
TELL ME ABOUT SOME OF THE GREAT
DEALS YOU HAVE GOTTEN FOR OTHER CLIENTS WITH FELONIES.
This is a true story. Recently one of our attorneys was appointed
by the court to represent a client accused of fondling a child –
a second degree felony. The accusation was very likely false. If
convicted, the client faced up to 20 years in prison. The state
offered to recommend a sentence of 8 years in prison. The client
rejected the offer and asked for a trial. The client was indigent
and could not afford to post bond. He sat in jail for seven months
waiting for his trial. The week before his case was reached for
trial, the prosecutor contacted us and offered to allow our client
to plead guilty to the lesser-included misdemeanor offense of assault.
The client accepted the offer and plead guilty to assault. The client
was sentenced to 180 days in jail and was released that same day
– credit time served. You can bet that client was happy!
This is another true story. Recently one of our clients was charged
with the 3rd degree felony offense of intoxicated assault. He was
driving while intoxicated and hit a pedestrian, seriously injuring
him. If convicted, our client faced up to 10 years in prison. He
had a self defense issue – he was trying to escape from being
assaulted by a gang of men, including the man he hit. One of our
attorneys contacted the grand jury prosecutor and sold the prosecutor
on our client’s self-defense theory. The prosecutor offered
to let our client waive indictment and plead guilty to the lesser-included
misdemeanor offense of driving while intoxicated. The client pled
guilty to a misdemeanor DWI and received 2 years probation. The
case was never presented to the grand jury for felony indictment.
Here is yet another true story. Recently one of our clients was
accused of striking his wife with the butt of a handgun –
an aggravated assault with a deadly weapon. Our client said it never
happened. Our client had a friend who overheard a cell phone conversation
in which our client’s wife admitted that the allegations were
false. We visited with the grand jury prosecutor and put her in
touch with the friend. The grand jury prosecutor subpoenaed the
friend to come in and testify in front of the grand jury about what
she heard. The grand jury returned a no-bill, and the case was dismissed.
We expunged our client’s record, and his criminal record is
now clean.
These kinds of deals happen all the time, and our attorneys are
always thinking outside of the box to try to figure out ways to
get our clients the best possible deals. Our attorneys are NOT magicians,
and we cannot get lesser included offense deals or dismissals for
every client, or for a client who is clearly guilty of the offense
he is accused. Our attorneys WILL work hard and fight hard to get
every client, guilty or innocent, the best possible deal they have
coming, or try their cases competently and aggressively in front
of a jury.
CONTACT US
Click here to send us
an email. Tell us about your situation. One of our attorneys
will get back to you within 24 hours. Or you can all us in Dallas
at (214) 742-6400 or in Fort Worth at (817) 877-9944.
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