The State of Texas has the power to arrest, charge, try, and convict defendants who violate the state laws of Texas. State courts have broad jurisdiction, so most crimes involving individual citizens- DWI’s, robberies, assaults, sexual assaults, homicides-are usually tried in state courts. However, this does not mean that a state criminal conviction is not serious. It’s vitally important that anyone charged with a state crime retain an experienced criminal defense attorney..
The most common crimes committed in Texas are DWI, Drug possession and immigration related crimes”
– Texas Department of Safety
Dallas Texas Criminal Defense Lawyers Clint Broden and Mick Mickelsen have decades of combined experience in Texas criminal defense, and are skilled at all stages of state court proceedings, including appeals and Habeas Corpus Motions. Clint Broden and Mick Mickelsen are certified by the Texas Board of Legal Specialization as Criminal Law Specialists and Criminal Appellate Law Specialists, and exclusively practice criminal defense. All our criminal attorneys have experience in a number of district and county level courts across the state.
Broden & Mickelsen provides an aggressive defense for those charged with driving while intoxicated (DWI). Unlike most attorneys, we usually include in our fee the representation of our clients before the Administrative Law Court that will decide whether to suspend the person’s license. We do this for two reasons. First, if successful in the Administrative Law Court, the client will be allowed to keep his driving privileges. Second, even if unsuccessful in the Administrative Law Court, it gives us an opportunity to cross-examine the arresting officer and to learn the strength of the state’s case in the event of a DWI trial in criminal court. Moreover, in the event a client’s license is suspended, as a part of our fee, we will secure an occupational license for the client that will allow the client to drive for up to twelve hours per day.
While Broden & Mickelsen advises against performing roadside and/or station house sobriety tests or submitting to an intoxilizer analysis, it is a reality that persons often do submit to these tests. We will review the videotapes of a client’s performance on the sobriety tests and consult with him or her regarding our assessment of his chances of prevailing at trial. In our experience, jurors will often rely heavily on these videotapes as people tend to believe what they can see with their own eyes more than they believe the testimony of a police officer.
Even before talking to a client about the chances of prevailing at a DWI trial, we will be diligent in determining if his constitutional rights have been violated. For example, there must have been reasonable suspicion to stop his vehicle in the first place. Similarly, there must have been probable cause to arrest him for DWI. Both “reasonable suspicion” and “probable cause” are legal terms and are best analyzed by attorneys experienced in search and seizure law such as the attorneys at Broden & Mickelsen.
If a client elects to have a DWI trial, we will zealously represent him at trial, aggressively cross examine the arresting officer and help him make the decision whether to testify on his own behalf. If he elects not to go to trial, we will zealously represent him to obtain a plea to a lesser included offense. In most cases, the penalty, even if the client is convicted at a trial will not be any worse than if the client had accepted the state’s plea offer. Therefore, unlike many lawyers, we will rarely advise a client to accept a plea bargain in driving while intoxicated cases unless it is to a lesser offense such as obstructing traffic.
Many times a person waits until they are indicted to hire a lawyer, but did you know that hiring a lawyer prior to indictment could result in you not being indicted at all? In Texas state court, the defense is often allowed to present evidence to the grand jury considering a client’s case in order to convince the grand jury not to indict the client or only to indict the client on a lesser charge.
Generally, unless the evidence is clear, the attorneys at Broden & Mickelsen will almost always prepare a presentation for the grand jury arguing against an indictment. Often the presentation is accompanied by affidavits from witnesses that the defense has discovered through a pre-indictment investigation. When clients have come to us prior to being indicted, we have been very successful in convincing the grand jury not to indict our clients or only to indict them on a lesser charge. For example, a client came to us that had been arrested for murder but his case had not yet been presented to the grand jury. As a result of our efforts and the presentation to the grand jury, we convinced the grand jury to only indict the client on the charge of failing to stop to render aid. Ultimately, that client was given probation on the reduced charge (an unlikely result had he been indicted for murder).
If you find out that you are being investigated by the grand jury, please do not wait until you are indicted to consult an attorney. Waiting until you are indicted is not smart. We never charge for consultations and would be happy to meet with you to discuss what can possibly be done to avoid an indictment in the first place. Moreover, a little money spent prior to indictment to hire a lawyer could result in saving a lot more money down the road by helping you avoid an indictment and a trial.