FAQs: Criminal Defense
April 20, 2023
If you have been arrested or charged with a crime, you probably have a lot of questions on your mind. Finding the answers to your questions online can be a daunting task, which is why you might need to contact an attorney.
Our criminal defense attorneys are here to provide you with the information and guidance you need to navigate the legal system with confidence and help you achieve the best possible outcome in your case. We proudly serve clients in Corpus Christi, Texas, and the surrounding areas, including Fort Worth and Dallas.
Frequently Asked Questions About Criminal Defense
1. Do I have to speak to the police after I’m arrested?
After your arrest, you can exercise your right to remain silent and request to speak with an attorney. Anything you say to the police can be used against you in court. By remaining silent and seeking legal counsel, you are protecting your constitutional rights.
2. I just want this to go away. Should I accept a plea deal?
It may be tempting to accept a plea deal in order to quickly resolve your case, but doing so may not be a smart move. A plea deal may result in reduced charges or a lighter sentence, but it will show up on your criminal record for the rest of your life. Consider speaking with an attorney before making any decisions about accepting a plea deal.
3. What is the difference between a felony and a misdemeanor?
In Texas, a felony is a more serious offense than a misdemeanor. Felony charges carry heavier penalties, including longer jail sentences and heftier fines. However, even misdemeanor charges can have serious consequences if not handled properly.
4. If I’m completely innocent, do I still need a lawyer?
Yes, even if you are completely innocent of the charges against you, it is still a good idea to contact a skilled criminal defense attorney. An attorney will advocate for your rights and present a strong defense on your behalf. Even seemingly minor mistakes or missteps when representing yourself can have long-lasting consequences.
5. When are police allowed to search my person, vehicle, or home?
In Texas, police are only allowed to conduct a search if they have a warrant signed by a judge or if there is probable cause to believe that a crime has been committed. However, there are some exceptions to this rule (e.g., you give them consent or they believe that evidence is about to be destroyed).
6. The police didn’t read me my rights. Am I still under arrest?
Yes, you are still under arrest even if the police did not read you your Miranda rights. However, any statements you make after your arrest may not be admissible in court if the police did not properly advise you of your rights. An attorney will help you determine if this applies to your case.
7. What happens if I’m charged with a crime in Texas but live in another state?
If you are charged with a crime in Texas but live in another state, you may be required to return to Texas to face the charges. Your home state will be required to return you to Texas because the charging state has jurisdiction to prosecute the offense.
8. How long does a criminal case typically last?
The length of a criminal case can vary greatly depending on a variety of factors, including the type of the offense, the complexity of the case, whether or not anyone was hurt, and many others. Some cases can be resolved in just a few months, while others may take several years.
9. Can I clear a criminal charge from my record?
In some cases, it may be possible to have a criminal charge cleared from your record through expungement. However, not all charges are eligible for expungement, not to mention that you will be required to wait from 180 days to three years to request expungement in Texas.
10. Do I really need a criminal defense attorney?
If you are facing criminal charges in Texas, contacting a criminal defense attorney can improve your chances of securing the most positive outcome possible. The legal system can be confusing and intimidating, and a skilled attorney can provide you with the guidance and support you need to navigate it.
Turn to The Torres Attorneys for Help
If you are looking for answers to other questions, turn to The Torres Attorneys for help. Get in touch with our criminal defense attorneys in Corpus Christi, Texas, to get the answers to all your questions and to set up a consultation.