Feel free to use the information below to familairize yourself with the Criminal Process in Texas.

Punishment Ranges 

MISDEMEANOR

Class A Misdemeanor - Fine not to exceed $4,000 and/or 1 year or less in jail

Class B Misdemeanor - Fine not to exceed $2,000 and/or 180 days or less in jail

Class C Misdemeanor - Fine not to exceed $500

FELONY

Capital felony - Life In Prison or Death Sentence

First-degree felony - Life or 5-99 years in prison and optional fine not to exceed $10,000

Second-degree felony - 2-20 years in prison and optional fine not to exceed $10,000

Third-degree felony - 2-10 years in prison and optional fine not to exceed $10,000

State jail felony - 180 days - 2 years in State jail and optional fine not to exceed $10,000

Criminal Process

The Initial Investigation

Unless special circumstances exist, we advise all clients to remain silent when contacted by law enforcement officials.

It is natural to believe that you can convince someone of your innocence or talk yourself out of the situation. In most cases, however, speaking directly with law enforcement officials will significantly impair your ability to present the best possible defense.

The Arrest

If you are arrested, please remember that you have the right to remain silent and the right to an attorney. Please understand that everything you say WILL be used against you. Investigators often indicate that suspects will receive better or special treatment if they will cooperate and speak freely. Everyone should understand that police officers/investigators have no legal authority to make agreements that bind the State. Therefore, they cannot make things better for you after charges are filed. An investigator may also suggest that an innocent person has nothing to hide and therefore does not need a lawyer. These are common investigative techniques used to press an individual for information and cooperation.

The Grand Jury

The Grand Jury hears evidence presented by the district attorney's office and then decides whether to issue an indictment. An indictment is a formal charge or accusation of a serious crime. The Grand Jury's principal function is to determine whether or not there is probable cause to believe that you have committed the offense in question. The Grand Jury has the option to indict or, in the alternative, to return a "no-bill." A no-bill means that the Grand Jury has not found sufficient probable cause that you have committed the offense.

A witness or suspect called before the grand jury has no right to have their attorney present during the proceedings. Therefore, we will do our best to ensure that you are fully prepared for any questioning before the Grand Jury. We may also prepare a "grand jury packet," containing information about your life and any extenuating circumstances, which may assist in convincing the Grand Jury to return a no-bill or a reduced charge.

Trial

If you are indicted by the Grand Jury we will begin trial preparation and discuss possible plea agreements with the District Attorney’s Office. Depending on your situation we may advise you to pursue a plea agreement, jury trial, or bench trial before a judge.

Appeal

An individual convicted of a crime has thirty (30) days in Texas and ten (10) days in Federal Court, in which to file a notice of appeal.

Expunction / Motion for Non-Disclosure

Under certain circumstances, a person in Texas can have criminal records expunged. This means that the records are literally destroyed, and you may legally say that you have not been arrested or charged with that offense. Generally speaking, the person's criminal charges must have been dismissed, or the person must have been found not guilty after a trial.

An order of nondisclosure allows an individual who has successfully completed deferred adjudication community supervision to petition the court that placed the individual on probation for an order of nondisclosure. An order of nondisclosure prohibits criminal justice agencies from disclosing to the public criminal history record information related to an offense.

The Courts 

Each court has its own rules, processes, and practices, which is why having an attorney who knows the local judges and customs is so important. As an attorney who has spent the majority of my career in Collin County and the surrounding area, I am able to effectively navigate courts in a way not many attorneys can.