Recent Blog Posts
What is a Motion to Revoke?
If you were convicted of a crime in Texas or pled guilty to charges against you, it’s possible that a judge will grant you “community supervision.” This term is synonymous with the legal status commonly known as being on probation. The arrangement typically involves a series of programs and requirements that you must follow for a designated period of time, depending on the circumstances of your case. If you violate the terms of your probation, you may face a motion to revoke, which could mean you return to jail. While you should always rely upon a Collin County criminal defense lawyer to assist with the specifics, some general information may be useful.
Overview of Probation
The Texas Code of Criminal Procedure provides for community supervision in criminal cases, which may be imposed by the court for a specified period of time. An order of probation defers criminal proceedings or suspends imposition of a sentence, so long as you comply with the specified conditions.
What Is a Retainer Fee?
When you hire an attorney, the contract you sign will state how they should be compensated for their services. Some lawyers, such as those focused on personal injury or defective drug litigation, will only charge you fees if you win your case. This is a contingency model of payment. Other lawyers, such as family or criminal defense attorneys, may charge a retainer fee upfront. This post will briefly discuss what retainer fees are and how your lawyer may structure them.
What Is a Retainer?
A retainer is an advance payment for legal services. Retainers can cover services within a specific time frame or as part of an ongoing relationship. No matter the terms of your retainer contract, it must follow specific state laws and regulations.
What Do Retainers Pay For?
A retainer will fund services directly related to the client’s case or legal needs, including:
- Billable meeting time and consultations
- Writing documents
- Time spent to prepare for and participate in negotiations
What Is Judicial Clemency?
There are certain cases where a judge may set aside a defendant’s criminal conviction while they are still serving a term of community supervision. In legal circles, this is known as “judicial clemency”. However, that exact term is not used in the law. As the Texas Court of Criminal Appeals explained in a 2002 decision, Cuellar v. State, judicial clemency may occur when “a trial judge believes that a person on community supervision is completely rehabilitated and is ready to re-take his place as a law-abiding member of society.”
The decision to grant judicial clemency is completely within the discretion of the trial judge. In other words, a defendant does not earn the “right” to judicial clemency based on good behavior while on probation. If someone is on probation, they must follow all the rules of their release.
Below is a brief explanation of the judicial clemency process. It includes cases where it is not an option. Also discussed is how judicial clemency differs from other forms of clemency or pardon under Texas law.
What You Need to Know About SCRAM Devices
If you were recently arrested for Driving While Intoxicated (DWI) in Collin County or other parts of Texas, the judge may order you to abstain from consuming alcohol for a certain period of time. Instead of having you come in on a daily basis to check your blood alcohol concentration (BAC) by chemical test, the court may instead require you to wear a Secure Continuous Remote Alcohol Monitor (SCRAM). This device is attached to your ankle, and it incorporates a sensor to detect the presence of alcohol.
There are multiple issues you need to know if you’ve been ordered to wear a SCRAM, and a Collin County DWI defense attorney can provide the essential details to ensure you don’t run into trouble with the device. An overview may also be helpful.
Why You May Be Ordered to Wear a SCRAM
- At your first court appearance after a DWI arrest, a judge will likely release you until the day of your trial. In the ordinary misdemeanor DWI in Collin County, a Judge is unlikely to order a SCRAM device as a condition of bond unless less restrictive measures such as a Deep Lung Device or in home unit prove insufficient to deter the use of alcohol while on bond.
Will CPS Interview my Child During an Investigation?
Once the Department of Family and Protective Services, Child Protective Services (CPS) begins an investigation of your family, know that the process typically begins with an interview of the child.
CPS will attempt to interview your child and may also interview other children living in the home. A CPS Investigator can interview any child who is a reported victim of abuse or neglect at any reasonable time or place, including the child’s home, school, or daycare. In some counties, children are taken to a Children’s Advocacy Center, which houses professionals who work with abused and neglected children in one facility. If no Children’s Advocacy Center is available, then the interview can take place elsewhere.
If an investigator requests permission to interview your child in your home, the investigator must, first, obtain your permission. If you decline permission, then CPS may try to get a court order to compel the interview. Know, however, that if your child is interviewed at school, the interview can happen without your consent. CPS cannot, however, interview the child at school after you have refused consent at home.
Accomplice Testimony and How it Can Impact Your Case
There’s an old adage that “With friends like that, who needs enemies?”. This is never more true that in a situation where you find yourself accused of a crime. One that you may have committed with your friend or other accomplice. Sure, you may have just been along for the ride. Or you were feeling peer pressure to do something you probably shouldn’t have done. But once everyone who was there or involved finds themselves facing a criminal case, it’s almost inevitable that your friends are going to start pointing fingers, even at you.
What Texas laws say about accomplices
In Texas, the Code of Criminal Procedure section 38.14 states that “a conviction cannot be had upon the testimony of an accomplice. This is true unless corroborated by other evidence tending to connect the defendant with the offense committed. The corroboration is not sufficient if it merely shows the commission of the offense. Basically, in order for you to be convicted of an offense that was committed with other people, there has to be evidence that connects you to the offense itself, other than what your friends say. They could testify that you were there, were involved in some way, or were the one who planned it. But if that is all the evidence the prosecution can present, then they haven’t met their burden. They have not connected you to the offense itself.
What Is Deferred Adjudication in Texas?
A criminal conviction can have a serious impact on your life. Beyond the actual sentence–including the possibility of jail time–a conviction of any kind can make it harder to get a job, receive certain government benefits, and even exercise basic civil rights such as voting. One way to avoid the immediate and collateral consequences of a conviction is to seek a deferred adjudication. This is a special type of community supervision (probation) available in many–though not all–Texas criminal cases.
When Is Deferred Adjudication Available, and How Long Will It Last?
Section 42A, Subchapter C of the Texas Code of Criminal Procedure spells out the parameters of deferred adjudication in Texas. The first, and most important, thing to note is that no defendant has the right to a deferred adjudication. It is granted at the discretion of the trial judge. That judge must decide whether deferred adjudication is in “the best interest of society” as well as the defendant.
Five Signs You Hired the Right Defense Attorney
In an ideal world, every person in need of legal representation would get a lawyer who was the perfect match for their case. But finding a lawyer with the right skills, experience, and professional style for your unique circumstances can be a huge task.
When it comes to criminal defense, choosing the right lawyer can help you obtain a fair outcome for your case, whether you committed the offense in question. Choosing the wrong defense lawyer, however, can have seriously unfavorable consequences.
So, with countless defense attorneys in Texas, how do you know when you have found the right one? In this article, the legal team at Texas Defense Firm discusses five key signs that can tell you whether you have hired the right defense lawyer.
#1 – They Communicate Clearly and Consistently
A good defense attorney provides clear and consistent communication to their clients at all times. Your lawyer should tell you upfront how you will receive updates as your case progresses. Whether you have a designated staff member to contact, a direct line to your attorney, or a proprietary case tracking app, there should always be a way for you to get the information you need.
How Does an 11.07 Writ of Habeas Help a Convicted Person?
I recently answered a similar question in the context of a murder conviction. This case sentenced an individual to 25 years imprisonment. The question also raised issues about the defendant being a first-time offender. Whether they had inadequate representation. If there was false witness testimony and prosecution based on circumstantial evidence. I realized that these issues apply to a wide range of individuals seeking “post-conviction relief” in the form of a Writ of Habeas Corpus under Texas Code of Criminal Procedure Article 11.07. Below is the analysis of the specific questions raised.
11.07 refers to a post-conviction remedy under the Texas Code of Criminal Procedure Section 11.07 known as a “writ of habeas corpus.” There is not deadline to file an 11.07 writ of habeas corpus, but our courts say that delay in requesting 11.07 relief can have the effect of watering down an issue. As a rule of thumb, 11.07 relief is limited to issues which could not be raised during the course of the original representation. Let me address the issues you raise below.
Confidentiality of Lawyer-Client Communications: Is It Safe to Talk to Your Lawyer From Jail?
If you are a Collin County, Texas, resident accused of a crime, you have the right to representation from a qualified Collin County federal drug lawyer. The right to counsel also guarantees your right to confidentiality. This means that any conversation or communication between you and your attorney is privileged. Those communications may not be used as evidence against you in court. But there are potential exceptions where lawyer-client communications can be used in court.
Texas Criminal Defense Lawyers Criticize Jailhouse Monitoring
But what happens if you are in jail while awaiting a bail hearing or trial? Most Texas jails post notices that inmate communications are monitored. The jail may record and use anything said between an inmate and a friend or family member during visiting hours as evidence against the inmate at trial.
Even in jail, however, lawyer-client communications remain privileged. That does not mean prosecutors and jail officials may not try and listen in on an inmate’s meeting with his or her attorney. In many cases, it may not be overt. Many jails indiscriminately record all inmate conversations without taking care to respect attorney-client privilege.