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Felonies

• What should I do if I am arrested?

  • If you have been arrested, you should remember that you have valuable rights, including:

    • the right to remain silent and not make any statement to the police;

    • the right to consult with an attorney prior to and during any questioning by the police;

    • the right to terminate police questioning at any time;

    • the right to refuse to perform police administered field sobriety tests or breath/blood tests;

    • the right to consult with and retain the services of an attorney of your choice; and

    • the right to require the State of Texas to prove your guilt to a jury beyond a reasonable doubt.

  • Before waiving any of these rights, you should speak with an experienced criminal attorney!

  • While you should always be respectful and courteous to the police, do not rely on the police to protect your interests or to be impartial.  You would not be in custody if they did not already have their minds made up concerning your guilt.

  • If you are under investigation for a crime or have been arrested, please call 214-796-5956 or (972) 754-9723 immediately to schedule your free initial consultation!
     

• After I have been arrested, how do I get out of jail?

  • If you are in custody, you will not be released until you post a bond. A bond is a promise by the Defendant to appear in court as required. The following types of bond are permitted:

    • Personal Recognizance Bond - The Defendant simply signs a bond promising to appear in court without being required to post any money with the court. This type of bond is rarely granted, except for minor offenses.

    • Cash Bond - The Defendant posts the entire bond amount with the court. If the Defendant appears in court as required, then the entire amount of the bond is refunded to the Defendant (less any administrative fees, court costs or fines assessed by the court).

    • Surety Bond - The Defendant enters into a contract with a licensed bondsman and pays a non-refundable fee to the bondsman. This non-refundable fee may vary, but is typically between 10% and 15% of the total amount of the bond. In exchange for the payment of this fee, the bondsman issues a surety bond insuring the Defendant’s appearance in court.

  • If you need assistance in locating a reputable bail bondsman, please call 214-796-5956 or (972) 754-9723 immediately!
     

• What is a Felony?
  • A felony offense is more serious than a misdemeanor, and is punishable by State jail or prison time instead of local County jail time. A felony conviction may also have severe collateral consequences, including ineligibility for many types of employment and loss of rights of citizenship such as voting and jury service, just to name a few. Felony offenses are classified in one of five possible categories:

    Degree	Punishment Range	Some Examples of this Degree of Offense
    Capital	Life in state prison or Death	Capital Murder
    First	Life or 5 to 99 years in state prison, and up to $10,000 fine	Murder, Aggravated Robbery, Aggravated Sexual Assault, Aggravated Assault of a Public Servant, Possession/Delivery of Controlled Substance, etc.
    Second	2 to 20 years in state prison, and up to $10,000 fine	Manslaughter, Aggravated Assault, Indecency with a Child, Sexual Assault, Burglary/Habitation, Possession/Delivery of Controlled Substance, etc.
    Third	2 to 10 years in state prison, and up to $10,000 fine	DWI (/w 2 prior convictions), Assault/Family Member (/w prior conviction), Kidnapping, Possession/Delivery of Controlled Substance, etc.
    State Jail	180 days to 2 years in state jail, and up to $10,000 fine	Burglary/Building, Credit Card Abuse, Evading Arrest /w Vehicle, Theft $1500 to $20,000, Possession/Delivery of Controlled Substance, etc.

• If I am convicted of a misdemeanor or felony, will I automatically serve time in jail, or is probation an alternative?
  • The most commonly recognized alternative to incarceration is community supervision, also known as probation. If you are convicted of a misdemeanor offense for the first time, you will probably receive probation. If you are convicted of a serious offense, and/or have previous criminal convictions, the probability of receiving probation diminishes. If you have been previously convicted of a felony, you are not eligible to receive probation from a jury, but may be eligible to receive probation from a judge.
     
• What is the difference between "regular" probation and "deferred adjudication" probation?
  • "Regular" probation occurs when the court finds the Defendant guilty, sentences the Defendant to a specific term of confinement within the available punishment range, but suspends imposition of that confinement for a specific period of time. During that time, the Defendant is required to abide by specific conditions of probation (see below). If the Defendant violates a condition of probation, they can be arrested and brought before the court for a hearing, limited to a determination by the judge, regarding whether the alleged probation violation is true or not. If the court finds that the probation violation is true, the Defendant can be sentenced to the original term of confinement, or sentenced to a reduced term of confinement, or continued on "regular" probation. 
  • "Deferred Adjudication" probation occurs when the court does not sentence the Defendant to a specific term of confinement, but instead defers finding the Defendant guilty for a specific period of time. During that time, the Defendant has not been convicted of the offense and is also required to abide by specific conditions of probation (see below). If the Defendant successfully completes the conditions of probation, the proceedings are dismissed and the Defendant is discharged from probation without ever receiving a conviction. While record of the arrest, charge, and probation still exist, the Defendant avoids conviction. If the Defendant violates a condition of probation, they can be arrested and brought before the court for a hearing, limited to a determination by the judge, regarding whether the alleged probation violation is true or not. If the court finds that the probation violation is true, the Defendant can be continued on "deferred adjudication" probation, or convicted based upon the original plea and sentenced to confinement anywhere within the original range of punishment, or sentenced to a reduced term of confinement, or continued on "regular" probation.
     
• What conditions are normally imposed by the Court if I serve a probation?
  • Probation Conditions are established by the court, and may include "any reasonable condition that is designed to protect or restore the community, protect or restore the victim, or punish, rehabilitate, or reform the Defendant." The following probation conditions are most commonly required at a minimum:
    • Commit no offense against the laws of this State or of any other State or of the United States; -Avoid the use or consumption of drugs, controlled substances or alcohol and submit to random drug or alcohol testing;
    • Avoid persons or places of disreputable or harmful character;
    • Report to a probation officer as directed (usually once per month) and pay supervision fees (usually $50 per month);
    • Permit the probation officer to visit you at your home or elsewhere and notify them of any change of address or employment;
    • Work faithfully at suitable employment and support your dependents;
    • Remain within a specified place (usually the State or County);
    • Pay your fine, court costs and restitution if applicable;
    • Participate in a community service work program (location and number of hours required can vary);
    • Obtain drug/alcohol/psychological evaluations and participate in counseling if applicable; and
    • Education or counseling specifically related to the underlying offense.
       

• What happens if I violate a condition of my probation?
  • Violation of any probation condition may result in the filing of a Motion to Revoke Probation or Motion to Proceed with Adjudication of Guilt and the issuance of an arrest warrant. The court will typically set a very high bond, if any, on a probation violation. An attorney may be able to assist you in getting a bond set or reduced. There is no right to a jury trial on an alleged probation violation. You do have a right to a hearing before the court for the sole purpose of determining whether the alleged violation of probation is true or not. If the court determines that you violated your probation, the court may either continue the probation or revoke probation and sentence you within the applicable range of punishment. If you find yourself accused of a probation violation, you should speak with an attorney immediately. An attorney can counsel you concerning your rights, options, and possible defenses to your probation revocation, or negotiate the most favorable resolution possible.

If you have any additional questions, please call 214-796-5956 or (972) 754-9723 for your free initial consultation!