Not sure where to start? Find the answers below to some of our most commonly asked legal questions.
If I accept a plea agreement, does the judge have to follow the prosecutor’s sentencing recommendation?
Not exactly. Judges generally do follow the terms of plea deals as negotiated. However, they are not required to follow plea agreements and can choose to reject them. If a judge rejects your plea agreement, you are allowed to withdraw your plea. You can then decide whether to renegotiate the deal with the prosecutor or go to trial.
If I am dissatisfied with my current criminal lawyer, can I fire them and hire another one?
Yes, in most situations. You have a constitutional right to receive advice and assistance from capable, effective legal counsel. Depending on the status of your case and the reason you want a new lawyer, it would probably not be difficult to make a change. However, there are some situations when you need the judge’s approval to change counsel.
Can an attorney help me avoid being charged for a crime?
No, not really. It is nearly impossible to keep someone from being charged with a crime once the wheels are in motion. Once the investigating agency contacts the district attorney’s office, a prosecutor will make the decision to file or decline the charges. If the DA’s office accepts the charges, then the legal process begins right away—so it’s important to retain a lawyer as soon as you learn you could be charged.
There is a warrant for my arrest. Should I get an attorney now or wait until I’m arrested?
Sooner is better. If there is a warrant for your arrest, you need legal advice and representation. An attorney can advise you. The specific terms of the warrant will dictate what other actions an attorney can and cannot take to assist you.
Is it beneficial for a criminal defense lawyer to have worked as a prosecutor?
Yes, definitely. Working on “both sides of the fence” gives a criminal defense attorney insight into what prosecutors and judges expect and how the criminal justice system works at both state and federal levels.
I’ve heard there is no parole in the federal system. Does that mean that if I am convicted of a federal crime, I have to serve the entire sentence?
It depends. It is correct that there is no parole in the federal prison system. However, federal sentencing rules are complex. The length of a federal prison sentence depends on a number of factors, such as mandatory minimum terms and a person’s criminal history. Generally, people convicted of federal crimes serve 85% of their sentence before transitioning to a term of supervised release.
Do I need a lawyer to help with the plea negotiation process? I think I can handle it myself.
Yes, you should have a lawyer. You may be educated, skilled, and resourceful. But no one is at their best, emotionally or otherwise, when facing criminal charges. Even if you have read about criminal law, you may not be in a position to make the wisest choice for you and your family. The old adage exists for a reason: “The person who has himself for a lawyer has a fool for a client.”
My friend and I have both been charged in the same case. Can we be represented by the same attorney?
No. With very few exceptions, it is a conflict of interest for an attorney to represent two parties in the same case. You each need your own lawyer. The lawyers could decide on a joint defense agreement; however, you need someone to represent your rights and specific interests.
Is there a benefit in taking a case to trial?
It depends. This is why you need a qualified criminal defense attorney. In a jury trial, you must be found guilty beyond a reasonable doubt by a jury of your peers. If your lawyer believes the state could be unable to prove guilt beyond a reasonable doubt, then a trial might be an appropriate course. The final decision is yours, and you need good information and legal advice so you can make the right decision for you.
I have been charged with a crime in state court. Is it true I could also be charged in federal court for the same event?
Yes. State courts and federal courts are different jurisdictions. State governments and the US government are separate sovereigns with separate laws. Even if you are acquitted of a crime in state court, you can still be prosecuted in federal court for a federal crime—and vice versa. It is important to have a criminal defense attorney who is experienced in both state and federal court systems.
If I get arrested, wouldn’t it make sense to be as up front with the police as possible? Shouldn’t I tell them everything I know to get the best deal?
No, absolutely not. It rarely makes sense to make a statement to police at the time of arrest. Indeed, the rule you should follow is to NEVER speak to police without an attorney present. If police are sincere about offering you favorable treatment in exchange for your cooperation, that offer will still exist when you have an attorney.
This is my first DWI. Should I bother with an attorney?
Yes. DWI is not a minor traffic ticket. In Texas, a first-time DWI can have grave consequences. You can face heavy fines, a suspended driver’s license, and possible jail time. Plus, punishments for DWI cases accumulate: if you get another DWI charge, you will face even more serious consequences, including mandatory jail time. Even if you’ve never had a DWI before, you should hire an attorney promptly to seek the best result you can.
I was in a lawsuit and didn’t have to pay my lawyer until they won my case. Can I do the same thing with criminal defense fees?
No. Attorneys in Texas are prohibited from accepting contingency fees in criminal defense cases. Usually, the client pays a criminal defense attorney a retainer fee at the start of the case. We do understand this can be a challenge, and we are more than happy to discuss a specific fee arrangement for your case.
Can I hire an attorney if I don’t know exactly what crime I’m going to be charged with?
Yes. If it looks like you are going to be charged with a crime, your best option is to hire a criminal defense lawyer sooner, not later. The investigation phase, before charges are filed, is crucial, since that is when prosecutors are gathering information. Things that you say, or that investigators do, before charges are filed can become a factor in a case down the road. If you think you might be charged, retain an attorney right away to protect your rights and interests.