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Criminal Law FAQs in Houston Texas

What should I do if I am arrested?
Being arrested can be a stressful and embarrassing situation. Your first reaction may be to do whatever you can to get out of the situation. However, if you are arrested it is important to remember that you should immediately request an attorney and DO NOT answer any questions. Always be courteous and polite but do not answer any questions or make any statements under any circumstances. Do not succumb to your immediate desire to "just get out of there." Always remember that the only reason they want you to talk is for you to help them convict you.
How do I go about hiring a lawyer? What if I cannot afford a lawyer?
You should retain the services of a lawyer as soon as possible after your arrest. Be sure to look for a lawyer that is experienced, respected, and board certified. If you cannot afford the services of a lawyer, one will be appointed to you by the court. However, if you can find the money to hire your own lawyer, do it immediately. Having a dedicated and aggressive defense attorney on your side can make or break your case.

How long will it take to resolve my criminal case?
The amount of time required is going to vary considerably depending circumstances such as the type of case, whether it is in state or federal court, the particular judge and prosecutor, whether the accused is in jail or is free on bond, the number of people involved, whether the media is covering the case, the court's area of jurisdiction, and the general complexity of the case.

What kind of punishment can I expect?
In the State of Texas, offenses are prosecuted at the lowest level of a Class B Misdemeanor all the way up to a Capital Felony. The punishment ranges for each offense are as follows:

  • Class B Misdemeanor - Up to 180 days in the county jail and up to a $2,000 fine.
  • Class A Misdemeanor - Up to 1 year in the county jail and up to a $4,000 fine.
  • State Jail Felony - 180 days to 2 years in the State Jail Division of the Texas Department of Criminal Justice, and a fine not to exceed $10,000.
  • 3rd Degree Felony - 2 to 10 years incarceration in the Institutional Division of the Texas Department of Criminal Justice, and up to a $10,000 fine.
  • 2nd Degree Felony - 2 to 20 years incarceration in the Institutional Division of the Texas Department of Criminal Justice, and up to a $10,000 fine.
  • 1st Degree Felony - 5 to 99 years or life in the Institutional Division of the Texas Department of Criminal Justice, and a fine not to exceed $10,000.
  • Capital Felony - Death by Lethal Injection or a Life Sentence in the Institutional Division of the Texas Department of Criminal Justice.
What does is mean to be Board Certified by the Texas Board of Legal Specialization?
Board Certification is a voluntary designation program for attorneys and legal assistants. Initial certification is valid for a period of five years. To remain certified, an attorney and legal assistant must apply for recertification every five years and meet substantial involvement, peer review and continuing legal education requirements for the specialty area.

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