Criminal Defense
Domestic Violence
Question:
"I was charged with assault against my wife. If she calls the District Attorney's office and tell them that she does not want me prosecuted for this offense, is the DA required to dismiss the case?"
Answer:
No. Although your wife is considered to be the victim, the crime is also considered to be against the "peace and dignity of the State." Although your wife's desire not to prosecute may or may not be helpful regarding punishment, often times these type of offenses are prosecuted with or without the assistance of the victim.
Question:
"Does there have to be some type of visible injury for someone to be charged with assault?"
Answer:
There are several categories of assault in Texas. For misdemeanor assaults, visible injury is NOT required. ANY instance of pain can be considered "bodily injury". Also, just a threat of bodily injury can possibly be considered an assault under Texas law.
Juvenile Law
Question:
"My child was charged criminally for causing damage to my neighbor's property. I have paid for the repairs to my neighbor's property and my neighbor is satisfied. Will the charges be dropped automatically?"
Answer:
Not necessarily. Paying restitution may be a factor considered for the court's sentence, but it does not in and of itself guarantee dismissal of the charges.
Question:
"If I know my child is innocent, do I still need to hire a lawyer to represent my child in juvenile court?"
Answer:
Yes. Children who have been wrongly accused definitely need competent legal representation to ensure that their rights are protected and that justice prevails.
Criminal Procedure
Question:
"What is a bench trial?"
Answer:
A bench trial is trial before a judge instead of a jury. It also often referred to as a "trial before the court." Every criminal defendant has a right to a jury trial; but in some instances, when possible, a bench trial may be more preferable depending on the facts and circumstances.
Question:
"How many people are on a jury?"
Answer:
There are 6 people on a jury in a misdemeanor trial and 12 people in a felony trial.
Question:
"If I plea Not Guilty and request a jury trial, will I be forced to testify?"
Answer:
No, it is your choice. Every criminal defendant has a constitutional right against self-incrimination provided by the Fifth Amendment. A criminal defendant cannot be forced to testify and his/her trial and the prosecuting attorney cannot use that as evidence against him/her.
Question:
"If I've been charged with a crime and I intend to plead guilty, why do I need a lawyer?"
Answer:
Whether guilty or not, you should seek legal advice to ensure you receive the appropriate sentencing. Also, there are certain constitutional rights that are guaranteed to all criminal defendants that should be preserved and protected in EVERY instance. A skilled attorney will be able to identify any issues and concerns regarding your rights.