The Answers to Your Most Pressing Questions About Criminal Charges

If you are facing a criminal charge in Texas, you may not know where to begin when it comes to all the questions you have. The good news is that arming yourself with information can help you better protect your rights and make a serious difference in the outcome of your case.

If you wonder whether you need an experienced Texas criminal defense attorney in your corner, the answer is that you absolutely do. Reviewing commonly asked questions about criminal law is a good start, but working with a lawyer is the best path to success.

What Are My Rights If I’m Charged with a Crime?

If you are charged with a crime, have been detained for a crime, are being questioned about a crime, or think you might be charged with a crime, it is time to consult with a formidable criminal defense attorney.

If you are charged or are in police custody in relation to a crime, you have the absolute right to remain silent and the right to have an attorney represent you. You should take advantage of both of these rights.

Once you have legal representation, your attorney will fight to uphold your legal rights throughout the legal process. To begin, however, you should focus on these two primary rights.

Can I Be Arrested for Carrying a Gun in Texas?

Constitutional carry laws allow most individuals aged 21 and over to carry a handgun without a license under certain conditions. You must not have felony convictions, recent misdemeanor convictions for offenses like assault causing bodily injury or deadly conduct, be under a protective order, or be otherwise prohibited by state or federal law from possessing a firearm.

Additionally, carrying a handgun is prohibited in specific locations, such as schools, polling places, courtrooms, and secured airport areas. Carrying while intoxicated or during the commission of another crime can also lead to arrest. However, in most other situations, you have the right to carry a gun.

What If the Police Don’t Read Me My Miranda Rights upon Arrest?

Your Miranda rights refer to the familiar statement that you have the right to remain silent and the right to an attorney. One of the officers detaining you is required to read these rights to you upon arrest.

If the police fail to read your Miranda rights, it can limit the evidence that is allowed in your case and potentially affect the outcome.

If the police did not read you your Miranda rights, you should share this information with your dedicated criminal defense attorney.

What Actions Should I Take If I’m Arrested?

If you’re arrested for a crime in Texas, you should remain calm and comply with everything the officer asks. However, you are only required to share basic identifying information and should limit your conversation to this.

You have the right to remain silent, and the best way to invoke this right is by not answering any questions. You also have the right to legal representation, and the sooner you make this happen, the better off you will be.

Should I Allow the Police Officer to Search My Car?

If a police officer who stops you asks to search your car, calmly and politely let him or her know that you do not consent. The officer may threaten to bring in a drug-sniffing dog or obtain a warrant, but you are advised to hold firm.

While refusing consent may not stop the search, it could give your attorney leverage to suppress evidence later in your case. The goal is to remain calm but firm—arguing with the police is never a good idea.

What Is Arraignment?

Arraignment is a step in the criminal justice process in which defendants are brought to court—or are required to appear—and are officially charged with the crimes they are accused of. At this point, they have the opportunity to enter one of the following pleas:

• Guilty: Ends the process except for sentencing
• Not guilty: Sets the rest of the legal process in motion
• No contest: Has the same effect as pleading guilty without admitting guilt personally

Do I Need to Take Action If There’s a Warrant out for My Arrest?

If you learn that there is a warrant out for your arrest, you should consult with a practiced criminal defense attorney immediately. In some situations, your attorney may be able to have the warrant recalled.

Sometimes, simply appearing before the court can eliminate the need for an arrest. If the warrant involves fines and fees, you may be able to set up a payment plan or fulfill the amount through community service.

Your attorney’s goal is to help you resolve the matter effectively while protecting your rights.

If I’m Pleading Guilty or If It’s Just a Misdemeanor, Do I Really Need Legal Representation?

Many people believe that a misdemeanor is a minor charge that doesn’t require legal representation. However, a misdemeanor can lead to jail time, fines, and serious consequences:

• Impact on employment and professional licensure
• Difficulty securing housing or loans
• Reduced access to education funding
• Tarnished community reputation

Pleading guilty is rarely advisable unless you’ve secured a beneficial plea deal. Even if you believe you’re guilty, do not forego legal guidance.

What Is the Difference Between a Misdemeanor and a Felony?

Texas differentiates misdemeanors and felonies based on penalties:

Misdemeanors:

• Class C: Up to $500 fine
• Class B: Up to 180 days in jail and $2,000 fine
• Class A: Up to 1 year in jail and $4,000 fine

Felonies:

• State jail felony: 160 days to 2 years in a state jail, $10,000 fine
• Third-degree: 2–10 years in prison, $10,000 fine
• Second-degree: 2–20 years, $10,000 fine
• First-degree: 5–99 years, $10,000 fine
• Capital felony: Life without parole or death penalty

Regardless of the charge type, it is a serious matter that requires serious legal help. A criminal defense lawyer can help you navigate your charges and secure the best possible outcome.

Is Probation a Possibility, and How Does It Work?

Probation allows defendants to avoid incarceration in exchange for meeting court-ordered conditions, which may include:

• Regular meetings with a probation officer
• Drug or alcohol testing
• Community service
• Restitution payments
• Avoiding certain places or individuals
• Allowing home inspections
• Maintaining employment
• Adhering to travel restrictions and curfews
• Undergoing evaluations or treatment

While probation can be favorable, accepting it usually means admitting guilt. Work closely with your attorney to determine if probation is in your best interest.

When Is the Right Time to Contact a Criminal Defense Attorney?

If you find yourself in any of the following situations, now is the time to contact a criminal defense attorney:

• You are facing a criminal charge
• You have been detained
• You suspect you may be charged
• A warrant exists or may exist
• You may be a witness or person of interest

Once you have an attorney on retainer, you will not face delays securing representation if arrested. Your attorney can immediately step in to protect your rights.

How Do I Find the Right Criminal Defense Attorney for Me?

The right attorney can help you avoid missteps in a complicated legal system. Look for a criminal defense attorney who:

• Focuses on criminal law
• Has a strong track record
• Is experienced with cases like yours
• Comes recommended and has a reputable online presence
• Communicates clearly and responds promptly
• Inspires confidence and makes you feel comfortable

Finding the right attorney is a crucial first step in protecting your future.

Consult with an Experienced Criminal Defense Attorney Today

If you are facing a criminal charge, it’s not the time to take matters into your own hands. The outcome of your case can shape your future.

While you can choose to represent yourself in criminal matters, it is not a good idea to do so. You need the guidance of an experienced Texas criminal defense attorney. Call us at (254) 566–3358 or contact us online for a FREE consultation.