Criminal Defense Frequently Asked Questions For Fort Worth And Surrounding Texas Area Clients And Prospective Clients
CRIMINAL LAW BACKGROUND INFORMATION
Unlike civil law, which involves private law suits between two or more private entities, criminal law involves defendants who are being prosecuted by the state or federal government. Criminal defense Attorneys Factor, Campbell & Sheppard, L.L.P. represent individuals who are being prosecuted by the state of Texas (or by the federal government) for an act that has been classified as a crime. Crimes are generally classified as:
- Misdemeanors - less serious offenses that are normally punishable by a fine like some traffic violations, petty theft cases, or possession of a small amount of marijuana, or
- Felonies - more serious offenses that warrant imprisonment of one or more years, such as rape, grand theft, assault with a deadly weapon, or homicide/murder.
Criminal defense Attorneys Factor, Campbell & Sheppard, L.L.P. have successfully negotiated and litigated both misdemeanor and felony crimes and are experienced in defending Texas clients against both state and federal criminal charges.
Another important distinction between civil law and criminal law is the standard of proof that is required by the law. In order to prevail in a civil case, the plaintiff must demonstrate by 51% that the defendant is responsible for the plaintiff’s injuries. In criminal law, the prosecutor must prove beyond a reasonable doubt that the person charged with the crime actually committed the crime. This standard is much higher than the civil standard, and requires the skilled legal representation of a qualified criminal defense Attorney to fight for a defendant’s exoneration.
TEXAS CRIMINAL LAW FREQUENTLY ASKED QUESTIONS
What happens if I am arrested for violating a criminal law?
If you are arrested for violating a criminal law, the case is usually taken before a magistrate who may issue a warrant if necessary and set an appearance bond for court. If the defendant cannot post bond, he or she may be incarcerated pending appearance in court. If bond is posted, he or she will remain free pending an appearance at an arraignment. An arraignment usually occurs within 24 hours of the arrest, or the first date available if the arrest occurred on a weekend or holiday. The arraignment is held before a judge who formally tells the defendant the offense in which he or she is being charged and informs the defendant of their constitutional rights and of the possible penalties involved. The defendant will enter a plea of guilty or not guilty at this time, the bond or bail may then be reviewed, and a date for the next hearing is scheduled.
Can police officers use force to arrest me?
A police officer may use as much force as reasonably necessary to make a criminal arrest. After an arrest is made, a police officer may apply handcuffs to a defendant if the officer thinks that it is necessary to prevent injury or escape. If the defendant legitimately claims that an unlawful application of force was used by the arresting officer, and the defendant has evidence to support the claim, the defendant has the ability to file a civil lawsuit.
Will I be fingerprinted or have to be in a line-up?
If you are arrested, the police have the right to take your fingerprints and photographs. You may also be required to participate in a line-up, to provide a sample of your handwriting, to speak phrases associated with the offense, and/or to have samples of your hair taken. However, you may insist that an attorney be present during this time.
What is the role of the judge in a criminal trial?
The judge in a criminal trial controls all legal proceedings and decides all issues of law in the courtroom. The judge will determine whether certain evidence is admissible or not, and will rule on preliminary matters and discovery issues that the defense and prosecution may have. In addition, before the jury decides upon a case, the judge will instruct the jury as to the law (jury instructions) that will guide them through the decision process.
What is the role of the jury in a criminal trial?
The jury determines all issues of fact (typically referred to as the “trier of fact.” The jury in a criminal case will consider all aspects of the case for as long as is needed in order to come to a unanimous decision. Once a verdict is reached, it is presented to the defendant in court. A jury may find a person guilty of all, some, or none of the crimes charged in a criminal trial. In some cases, depending on the evidence presented and the nature of the instructions given by the Court to the jury, a jury may convict a defendant of a lesser included crime. If the jury presents a not guilty verdict, the proceedings are over and the jury verdict may not be overturned. If the verdict is guilty, however, the defense may proceed with an appeal.
What is the Fourth Amendment?
The Fourth Amendment guarantees the right of people to be free from unreasonable searches and seizures. The Fourth Amendment states, “The right of people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the person or things to be seized.”
Does the Fourth Amendment protect all searches?
Before a court will even entertain the possibility that the search in question was unreasonable, the person being searched must have had a legitimate expectation of privacy. To determine whether the defendant had a legitimate expectation of privacy, the courts will typically look at the following factors: (1) whether the person subjectively or actually expected some degree of privacy, and (2) whether the person’s expectation of privacy was objectively reasonable, that is, one that society is willing to recognize.
What is bail?
Bail is money or other property that is deposited with the court in order to ensure that the person accused or charged with a crime will return to court when he or she is required to do so. However, if the defendant does not come to court when required, or violates his or her bail conditions, the bail will be forfeited to the court and will not be returned.
What happens at a bail hearing?
The accused is brought before a magistrate or judge when an arrest happens for a violation of a criminal law. The magistrate or judge will conduct a pre-trial bail hearing resulting in four possible results:
- Recognizance - This is the defendant’s written promise to appear in court on the date set and abide by the terms set by the magistrate or judge. No monetary pledge, cash deposit, or security by property or a professional bondsman is required.
- Unsecured Bond - This release pending court appearance is based on the defendant’s written agreement to appear in court on the date set and abide by the conditions set by the magistrate or judge. It is backed by an agreement by the defendant to forfeit money to the court if she or he does not appear in court on the date set.
- Secured Bond - This is secured by either a cash deposit, a pledge of real or personal property, or a pledge by a third party that the defendant will appear in court on the date set and abide by the conditions of the release. The judge may forfeit any type of security in the event the defendant does not appear in court on the date set.
- Ineligible for Bail - The defendant is denied release pending the next court appearance. In some matters such as murder, the defendant may never be issued bail, and will stay incarcerated until a trial.
The bail decision may be appealed to a judge who will re-examine the evidence. A violation of any agreement of release pending court appearance could result in the issuance of an "Order to Show Cause" why the release should not be revoked.
If you or someone you know in Fort Worth, Arlington or anywhere within the surrounding Texas cities and counties of Tarrant, Parker, Denton, Johnson, and Wise needs the assistance of an experienced criminal defense lawyer, contact Factor, Campbell & Sheppard, L.L.P. at (888) 284-4541 or via their convenient contact form to schedule a free consultation with an experienced Texas criminal defense lawyer.
