1. What do I look for in hiring an
attorney?
Most importantly, you need a lawyer with experience in
the area of law where your problem exists. For example,
when facing criminal or juvenile charges, you need a lawyer
experienced in criminal and juvenile law. Not all lawyers
are experienced in these areas. These are specialized
areas of law that follow different rules and procedures.
You need a lawyer who understands your case and is able
to effectively protect your rights.
At Musick & Musick, LLP,
our lawyers are experienced in both criminal and juvenile
law. Our lawyers are former Harris County Prosecutors
and experienced Criminal Defense Attorneys. They have
handled thousands of cases and successfully tried hundreds
of cases to jury verdicts.
Legal fees are also an important
factor in choosing your lawyer, but do you really want
the cheapest attorney when your freedom and liberty
are on the line? The old adage you get what you pay
for is certainly true when it comes to legal fees. Quality
representation is what you should seek to find, but
that representation should come at a fair price.
At Musick & Musick, LLP,
we strive to provide each client with the highest quality
of representation at a reasonable cost.
2.
I've been charged with a crime, what do I do now?
It is very important that you
consult with an attorney as quickly as possible. You
have key constitutional rights that need to be protected.
Depending on the type of case, legal motions and requests
may need to be filed immediately.
If you have not yet posted bond,
you need an attorney to review your case and determine
whether or not your bond can be lowered, thereby saving
you hundreds of dollars in bonding fees. This is a critical
time to consult an attorney otherwise you could end
up being arrested on the warrant and end up spending
more time in jail waiting to bond out (or spending more
money by getting arrested while driving and then having
your car towed and stored, incurring additional expenses).
**If you need more information regarding bonds, please
view our Bond and Jail Information
page.
If you have posted bond, or if
you have a loved-one in jail who is unable to bond out,
your attorney needs to begin working on preserving critical
evidence that may aid in your defense.
3. What happens when I go
to court?
Your first court setting is usually
called the "arraignment." Historically, this
is when the court will tell you what you are charged
with and the range of punishment for that offense. Some
judges, especially in Harris County, forego the formality
of an arraignment. In those courts, your attorney will
simply give you that information.
This is also an opportunity for
your lawyer to gather information about your case by
reviewing the District Attorney's file. In Harris County,
the District Attorney has an open file policy, allowing
defense attorneys to view the police report and other
evidence associated with your case. Also, at this time,
the District Attorney may make a plea offer in an attempt
to "plea-bargain" the case and avoid a trial.
Often times, this setting will
result in a reset of your case to a future date. This
is usually necessary so that your attorney can gather
additional information, talk to witnesses, and test
the state's case and evidence. Your attorney will be
able to advise you on whether or not you should reset
your case. At Musick & Musick, LLP, we strive to
complete your case with as few number of court appearances
as necessary, without sacrificing your rights.
4. What is going to happen to
me if I'm found guilty?
That depends upon the offense.
Sometimes your lawyer will be able to "plea-bargain"
for a lesser charge or a lesser sentence. The range
of punishment ultimately depends upon the conviction
offense. The following list gives the range of punishment
by class of offense:
Class C misdemeanor (tickets):
fine only, amounts vary by offense
Class B misdemeanor: up to 180
days in jail and/or up to $2,000 fine
Class A misdemeanor: up to one
year in jail and/or up to $4,000 fine
State Jail felony: minimum 6
months in state jail, maximum 2 years in state jail,
without credit for "good time", and up to
$5,000 fine
3rd degree felony: minimum 2
years in prison, maximum 10 years in prison and up to
$10,000 fine
2nd degree felony: minimum 2
years in prison, maximum 20 years in prison and up to
$10,000 fine
1st degree felony: minimum 5
years in prison, maximum 99 years or life in prison
and up to $10,000 fine
**Note: This list serves as only
a baseline for punishment -- certain enhancements (prior
criminal history or aggravating circumstances) can increase
the punishment range by increasing the minimum time,
the maximum time, or both. And, some clients will qualify
for probated sentences or deferred adjudication in lieu
of jail/prison sentences.
Because the punishment range
depends upon the conviction, this is where an experienced
lawyer can help. As experienced criminal trial lawyers,
Musick & Musick, LLP will work towards the best
possible outcome, which might include a dismissal or
a plea to a lesser charge which means a lesser sentence.
5. What is the difference
between probation and deferred adjudication?
Probation refers to "community
supervision." In a probation case, the defendant
is found guilty (i.e. convicted) and sentenced to a
period of time in jail or prison; however, the jail
time or prison time is "probated" or suspended,
meaning put on hold. Probation time can range from 6
months on a misdemeanor to 10 years on a felony. During
the probation period, the defendant meets with a probation
officer and is monitored closely to ensure compliance.
Some of the rules of probation include: commit no offenses,
perform community service hours, pay a fine, pay court
costs, not use drugs or alcohol, provide random urine
tests, attend counseling or therapy, work faithfully
or attend school full-time. Other rules often apply
but are based on the particular offense. And, for any
probation, the judge may order some jail time as a condition
of the probation. At the end of the probation term,
if the defendant is successful on probation, the judge
will release the defendant from probation; however,
if the defendant violates probation, he is subject to
being sentenced to jail or prison for the period of
time originally assessed. Probation gives a defendant
the opportunity to stay out of jail or prison and be
a productive member of society.
Deferred Adjudication refers
to a form of community supervision wherein there is
no finding of guilt and no conviction, so long as the
period of supervision is successfully completed. For
practical purposes, it is the same as being on probation,
with the same conditions listed above. HOWEVER, the
difference is the judge "defers" the finding
of guilt -- the judge applies a wait and see philosophy.
If the supervision is successfully completed, there
is no finding of guilt and no conviction. But, if the
defendant violates the supervision, the judge can find
the defendant guilty and sentence him accordingly --
a conviction. Because a successful deferred adjudication
is not a conviction, in most cases it cannot be used
against the defendant in the future to enhance punishment.
The current law even allows most deferred adjudications
to be "sealed" as a non-public record after
a certain period of time. This is an important advantage
because once the record is sealed (or made non-public)
the defendant can deny the arrest, charge, and period
of supervision -- it need not be disclosed.
Consult your attorney to find
out if deferred adjudication or probation are applicable
to your case and if you should consider them as an alternative
to a final conviction. While it sounds good, it is not
always the best alternative!
6. There is a warrant for
my arrest, what should I do?
Contact an attorney as quickly
as possible. Your attorney may be able to assist in
getting a bond set for you or getting the court to reduce
the amount of bond in your case. This can save you hundreds
of dollars in bonding fees. Also, your attorney will
be involved from the very beginning to safeguard and
protect your rights. In some cases, your attorney will
be able to prevent your incarceration by working with
a bonding company to post a "no-arrest" bond.
See our Bond and Jail Information
page for more information.
7. What if my case is set at
"no bond"?
Again, contact an attorney as
quickly as possible. Your attorney will be able to assist
you in getting a bond in almost all cases. Your attorney
will appear with you in court and request a bond as
you surrender to the court. You should also have a bonding
company accompany us to court to post your bond as you
are surrendered to the court. See our Bond
and Jail Information page for more information.
8. The police did not read
me my rights; will my case be dismissed?
Most likely, no. These "rights"
are referred to as Miranda rights, coming from a Supreme
Court case Miranda v. Arizona. The Supreme Court stated
that police must inform suspects of their rights prior
to interrogating or questioning a suspect in custody
(that familiar phrase: "you have the right to remain
silent; anything you say can and probably will be used
against you at your trial; you have the right to have
a lawyer present prior to and during any questioning;
if you cannot afford a lawyer, one will be appointed
for you; and you have the right to terminate the interview
at any time").
When the police fail to
read your rights, the effect is simply that your answers
to questions made by the police while you were in custody
are suppressible. This is where it is important to hire
an experienced lawyer who can deal with the suppression
issues. At Musick& Musick, LLP we have dealt with
both adult statements and juvenile statements and have
been successful in suppressing both, sometimes resulting
in a dismissal. Whether or not your case will be dismissed
depends upon the other evidence available to the prosecution.
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