Texas Criminal Defense FAQ

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 types 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. An assault can include "offensive touching." For instance, if someone spits on you, under Texas Law, an offense has occurred. ANY instance of pain can be considered "bodily injury". Also, just a threat of bodily injury can possibly be considered an offense 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. But, at the Law Office of Dale A. Burrows, P.C., we would argue that children who are "rightly" accused are in just as much need of competent legal representation and maybe even more so.

Criminal Procedure

Question: "What is a bench trial?"

Answer: A bench trial is trial before a judge instead of a jury. It is 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: "What is a misdemeanor and what is a felony?"

Answer: A felony includes a possible punishment of prison. A misdemeanor includes a possible punishment of fine or county jail sentence but prison is not at risk.

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 at his/her trial and the prosecuting attorney cannot use that as evidence against him/her. Whether you testify or not is a trial decision that the attorneys at the Law Office of Dale A. Burrows, P.C. will discuss with you and assist you in making that determination.

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.

A skilled attorney may be able to identify weaknesses in the prosecutor's case that prevent them from proving you are guilty even though you are prepared to plead guilty. The attorneys at the Law Office of Dale A. Burrows, P.C. possess that skill. Wouldn't it be worth the cost of a consultation to find out if your case has such a "legal loophole?"