If you were charged with a crime in Mesquite, Texas, you are innocent until proven guilty beyond a reasonable doubt. Clearing your name against a giant and powerful criminal justice system may seem overwhelming, on top of the personal circumstances you may face. Even being charged with a crime can have an effect on your personal and professional life.
The good news is that there is hope, and you have access to a helpful navigator, defender, and advocate. The Mesquite criminal defense lawyers of Rosenthal Kalabus & Therrian focus on helping people like you protect their good name and reputation against criminal charges. We will investigate your case, consult the right experts, tell your side of the story, and ensure that the legal proceedings in your case are fair to you. Call us today at (972) 369-0577 for a free, confidential case review.
Areas of Practice
Our attorneys have deep knowledge of local, state, and federal codes, with combined decades of trial experience under a variety of circumstances. From simple misdemeanor charges to felony cases involving high-profile defendants, we’ve used the same aggressive strategies to argue many successful defenses. Common types of cases we work with include:
- Aggravated assaults
- CPS cases
- Drug offenses
- DWIs
- Federal weapons charges
- Injury to a child
- Juvenile cases
- Marijuana possession
- Probation violations
- Sex crimes
- Theft
- White-collar crimes
Our attorneys can also help with procedural matters to defend your dignity, including:
Ways We Can Help
The team at Rosenthal Kalabus & Therrian takes pride in our 24/7 availability. No matter the day or time, we can help evaluate your case or answer questions you may have about your defense. As we build your case, we provide services that include:
- Advising you on the nature and significance of the charges
- Being present to advise you during police interrogations and pre-trial hearings
- Obtaining evidence to support your side of the story
- Identifying witnesses who may have seen where you were or what you were doing at the time of the alleged incident
- Identifying witnesses who can vouch for your character and good name in the community
- Going to trial if necessary to fight for your rights
Know Your Rights After an Arrest
Both the Texas State and U.S. Constitutions grant you certain due process rights after being arrested. Before/during an arrest or interrogation, law enforcement must remind you of your rights.
After your arrest and during questioning, you have the right to remain silent. You do not have to answer any questions in the absence of your attorney. Once you have a legal team to defend your case, you may ask that they attend and advise you during questioning. Remember that the prosecution may use anything that you say against you. We recommend you exercise your right to remain silent until you have secured a defense team.
Other rights you have include:
- The right to be secure against unreasonable searches/seizures – Law enforcement must obtain a warrant from a judge to search or seize your person or property. They must have probable cause to request the warrant.
- The right not to incrimination yourself – Defendants are not required to testify in court or answer questions they believe would incriminate them.
- The right to a fair, speedy trial – The time between an arrest and the beginning of court proceedings must be kept short. You may elect to waive this right if your legal team determines that more time is better to build your case.
- The right to habeas corpus – If you suspect an agency is unlawfully or unconstitutionally detaining you, you can request a special court hearing. Article 1, section 12 of the Texas Constitution guarantees this right further than the federal right to habeas corpus. Your legal team may invoke this right to address some issues before the trial, such as double jeopardy or improper grand jury procedure.
The Texas Criminal Process
The state criminal process can seem daunting, but our attorneys have deep knowledge of all related procedures and steps and can teach you what you need to know to feel prepared. We are advocates for our clients across all steps of the criminal process, before, during, and after the trial.
Notice to Appear/Arrest and Bond Hearing
After your arrest, the court will schedule a bond hearing. A judge will read the charges against you and your rights as a defendant. The judge may grant you bail, which is a fee for your release during criminal proceedings. If you do not have counsel, you should not wait to secure an attorney who can be present at your bond hearing.
For some misdemeanor charges, you may receive a notice to appear in court at a specific time and place instead of being arrested. The court can issue an arrest warrant if you fail to appear, so make sure you obtain an attorney well before your court date.
The Preliminary Hearing
A preliminary hearing occurs before your trial. In this session, the prosecutors try to get the court’s approval to take your case to a full trial by arguing:
There is probable cause to support the incident occurring within Mesquite.
There is probable cause to believe you committed the crime.
Not every case will have a preliminary hearing, but state or federal felonies require them. If the charges include a federal felony, you have the right to a grand jury indictment, where a group of your peers determines whether the trial can proceed.
Preliminary Negotiations
If the prosecutors succeed in the preliminary hearing, negotiations can begin. The prosecution will reach out to your legal team to arrange a plea bargain, which contains the sentence you may receive if you either plead guilty or do not choose to contest the charges. By negotiating a plea bargain, your defense attorney could lower the penalties you may otherwise have faced in a trial conviction. A plea deal could also include conditions by which certain charges could be thrown out or suspended. Your attorney cannot force you to accept a plea deal.
The Pre-Trial and Trial
Alongside negotiations, your legal team may be able to file certain pre-trial motions with the court. They could ask the judge to block particular evidence or testimony from being used or dismiss the case if there is no probable cause or little evidence to support the charges.
The Trial
If negotiations and pre-trial motions are unsuccessful, the judge will set a date to begin the trial. Both sides will present their arguments before a jury. All members of the jury must find the defendant guilty beyond a reasonable doubt to convict.
Contact a Mesquite Criminal Defense Attorney Immediately
If you were arrested for or charged with a crime, contact the Mesquite criminal defense attorneys of Rosenthal Kalabus & Therrian right away at (972) 369-0577 for a free case review. Let us fight to protect your rights and our freedom.