CRIMINAL DEFENSE FAQ IN TEXAS
Do I need a lawyer?
Yes. A criminal defense attorney is the best way to navigate the criminal court system. An experienced attorney will advise you on what to do and what not to do during your investigation and court appearances. If you have a misdemeanor charge, the consequences and fines are less severe than felony charges and can include jail time, probation, and fines. A felony charge can include prison time and large fines and consequences such as your ability to vote, possess a firearm, and hold public office are affected. It is important to have the representation of a criminal attorney who is familiar with the district attorney, and judge and can advocate for your best interests. If you or a loved one is in jail, your attorney can act as their liaison to ensure they are getting services such as mental health services, access to proper health care, and understanding their rights. We are familiar with the Fannin and Hunt County jail, local courts, and to ensure that your loved one is receiving proper care.
What if I'm innocent?
We have all seen movies where the person is wrongfully accused, and he is innocent and has his day in court and the truth sets him free! Unfortunately, the criminal justice system does not always work that way. Even if you are innocent, you need an attorney. We know the rules of evidence, rules of admissibility, and testimony. Hiring a reputable criminal defense attorney is crucial to protecting your rights.
Will my case go to trial?
All criminal cases will go to court, but most do not end in a jury or bench trial. After the arrest, there are a few announcements that can be scheduled before jury trial. Either charges are dismissed, a plea agreement is accepted, or you have the option to go to jury trial. An announcement is when the defendant, district attorney, and criminal defense attorney appear in court and the judge asks if we have an agreement. The state will make an offer and the defendant can accept the offer and punishment, or decline and another hearing will be set in about 3 weeks. If both sides don't agree, it will either move to a trial heard and decided by the judge, or it will go to a jury trial.
What to expect at court?
Court appearances can be intimidating for everyone. Here are some guidelines to follow to optimize the results you get in court. We have added the court rules as expressed by the Hunt County courthouse.
1. Be On Time
This is one of the most important things to do when going through the criminal justice process. Be on time. If you have a legitimate emergency that prevents you from going to court then prepare to document the emergency. If you have car troubles, keep logs of calls, and emails, take pictures of your vehicle, and send them to your attorney. Aim to arrive at court 10-20 minutes before your scheduled time, unless your attorney asks you to be there earlier. Attorneys, parties, and witnesses shall be prompt for all proceedings.
2. Dress Appropriately
In the courtroom, follow the rule that you would rather be overdressed than underdressed. If you need clothing for court, call our office (903) 458-9108. We have gently used and new clothing for men and women in our office for you to keep. We know it is important to dress your best to reflect that you care about your situation and it's a sign of respect for the court.
For men, a pair of pants (preferably not jeans), a button-down shirt with a collar, belt, and shoes other than tennis shoes or athletic shoes. Tuck in your shirt. Wear a blazer if you can. Make sure you have recently showered, your hair is combed or brushed, and you have on deodorant.
For women, remember the 3 things to avoid showing: breasts, belly, and bottom. Don't wear revealing clothing. Wear a long dress or skirt, slacks, or pants. Dresses and skirts should be within an inch of your knees. Wear a blouse or shirt that does not reveal body parts. Wear a blazer if you can. Make sure you have taken a shower recently, your hair is combed and you're wearing deodorant. Wear makeup if it makes you feel better, if you look good, it reflects in the way you present yourself to the court.
Hats and headgear, shorts, bare midriffs, tank tops, low cut shirts, miniskirts, pajamas, house shoes, flip flops, or clothing depicting obscene material shall not be acceptable inside the courtroom.
3. Be Respectful
Everyone in the courtroom deserves your respect. Do what you need to do to contain yourself and control your emotions while you are in court. This is not the place to make sarcastic comments, snide remarks, or any outward expression of emotion. Everyone is watching you and your reactions, so be on your best behavior. Remember, practice breathing techniques to regulate your nervous system. Everything that you do and don't do will be noted by someone. If you don't know how to answer a question, talk to your attorney before you get asked. They can advise you on what to say and not to say.
4. Telephones
Telephones shall be turned on silent while inside the courtroom and shall not be operated while inside the courtroom, unless specially authorized by the court.
5. Food or Drink
There will be no food, drinks, gum, candy, or tobacco products inside the courtroom unless the Court has expressly stated otherwise.
6. Communication
Unsolicited communication will not be tolerated inside the courtroom. There will be no outburst, disturbances, threats, obscene language, or gestures inside the courtroom. No person may, by facial expression, shaking or nodding of the head or by any other conduct, express approval or disapproval of any testimony, statement, or transaction the courtroom.
Communication with inmates is prohibited. No persons shall be permitted any verbal or physical contact with an inmate without prior approval of the bailiff.
7. Children
No children shall be permitted in the courtroom during any court proceeding without prior approval of the Court.
8. Sanctions
Violation of courtroom decorum may result in immediate removal of the person who is in violation, a finding of contempt, a fine or any other sanction allowed by law.
9. Pets
No pets other than certified service animals are allowed.
It is important to follow the rules as laid out by the court and take the advice of your attorney.
Call us today to schedule a consultation (903) 458-9108