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Clients often wait to retain us until they are actually indicted. Many times, however, had the client come to us when they first became aware they were under criminal investigation they might have avoided indictment all together or, at least, been in a better position to defend themselves once they were indicted. Just as it…
A potential client came to see me the other day. The potential client was charged in federal court with possession and distribution of child pornography. When the potential client called me to set up the appointment, it was clear that he did not have much money. He was being represented by a Federal Public Defender…
There are many Texas attorneys who advertise that they will “serve as both your bail bond agent (bondsman) and your attorney” and that they provide “competitive rates” for bail bonds that can later be applied to legal fees. Never Hire an Attorney that will also be your Bail Bondsman We strongly recommend that you NEVER…
In rare cases in federal court, it is possible to make the government pay for a wrongful prosecution. On November 26, 1997, Congress passed the Hyde Amendment which provides that if a defendant prevails in a prosecution brought in federal court and the court finds that the prosecution was “vexatious, frivolous or in bad faith,”…
On May 26, 2009, the Supreme Court handed down another important decision pertaining to Constitutional procedure. Almost everyone is familiar with “Miranda” rights. These are the warnings that police give suspects upon arrest. They are derived from the Supreme Court’s decision in Arizona v. Miranda, in which the Supreme Court held that suspects are entitled…
On Wednesday January 14, in the case of Herring v. United States, the Supreme Court further signaled its hostility to the exclusionary rule. The exclusionary rule is the rule that does not permit state or federal prosecutors to use evidence against defendants that was acquired in violation of the law or the Constitution. Many people…
On December 10, 2008, the Court of Criminal Appeals (the Texas Supreme Court for Criminal Cases), in a case that I argued, handed down a decision reversing the lower court. The Texas Court of Criminal Appeals is arguably the most unfriendly appellate court for criminal defendants in the country, so anytime a defendant wins in…
When a potential client calls our firm and tells us they have been charged with a criminal offense, our first question is if the charge is for state or federal court. There have been several instances where we have even represented two individuals at the same time, charged with similar crimes. Although one is in…
The Fees Criminal Lawyers Charge Tend to Vary Greatly 1. Never Hire a Criminal Attorney Without a Written Fee Contract You might be surprised how many criminal defense lawyers do not provide written fee contracts. This is extremely dangerous and leads to potential problems. Often times an attorney who chooses not provide a fee agreement…
Generally speaking criminal defense lawyers look forward to representing people charged with DWIs. Many clients clients charged with a DWI are reasonable, articulate and, probably most importantly to lawyers, are able to pay a fee. Unless a person is charged with having committed their third DWI, the stakes are not as high as when representing…