Being charged with a crime in Houston is a very scary moment in your life. The federal government has the ability to take away your freedom for the remainder of your lifetime. A very intricate process starts to operate the moment that you are arrested by law enforcement. It is frightening and overwelming.

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Nevertheless, these are generalities only. The genuine answer depends on the variety of criminal activity you had been charged with, the circumstances surrounding it, the county you are in, etc. Only those who understand the criminal law process, and realize how to make it work, can genuinely tell you what to anticipate in your particular case. This is definitely an area of the law you do not ever want to handle without any help.

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A good criminal defense attorney will usually provide a free of charge consultation to anyone charged with a crime. You should take advantage of that free consultation right now. Having a criminal defense lawyer is crucial to successfully getting through the criminal process. Get a complimentary initial consultation by calling a Houston Criminal Defense Attorney now, 24 / 7, 365 days a year.

Listed here are the steps you can expect to happen, and what every step in the process means to you:

Stop and Arrest

The whole process starts with a stop or a charge by the police. A stop isn't as formal as an arrest. A law enforcement officer will stop you to ask questions. They cannot stop you unless they have a reasonable belief that you violated what the law states. What is known as a valid “reasonable suspicion”? There are a million cases answering that question and a Houston Lawyer will be able to give you many examples during your complimentary consultation.

Even so, remember that you always have the right to remain silent, even if you are merely stopped and questioned. You do not have to answer questions from law enforcement at any time. In fact, everyone should know their constitutional rights relating to criminal law.

If you are in an automobile, the police officer may ask to search it. Law enforcement cannot search your automobile unless they have “probable cause”, or if you consent. They may seek your consent because they do not quite have “probable cause.” You do not have to provide your consent to a search of your car. They can search your vehicle later, but your attorney can then challenge the probable cause the police asserted as a reason to search the car. Should you give your consent, the authorities do not need any other reason to search your automobile, and your lawyer will have substantially less to challenge in the courtroom.

“Probable cause” is more serious than “reasonable suspicion”, nevertheless there are a million cases explaining it too and a Houston Attorney will give an explanation of those during your consultation. You cannot challenge a police officer's assertion of probable cause until afterwards, in the courtroom. Again, let your attorney deal with that question later.

Typically, a law enforcement officer can arrest you if they have probable cause to believe you committed a criminal offense, or if there is a warrant out for your arrest. If a stop and search result in an arrest, you must not resist it. If it isn't valid, you may wish to do so, but you cannot legally challenge it until later. Resisting arrest is known as a crime alone . The optimal advice if you are arrested is to always be calm, be silent, and demand an attorney before they ask you any sort of questions.

Booking

After being arrested, the officer will “book” you. This is the process where they take your fingerprints, get your mug shot, do a background check, and ask you questions. Remember, you have the right to remain silent and the right to demand an attorney. You do not have to answer questions. They are not going to let you out of jail even should you respond to all their questions. Just be calm, be silent, and let your attorney deal with things later. That is the very best you can certainly do.

Charging

The charge originates from the prosecutor, not law enforcement. The victim doesn't get to charge you, and contrary to popular belief, they don’t get to drop the criminal charges either. The prosecutor will quite often take into account the wishes of the victim, but they do not have to. You are in the hands of the state after being arrested. They cannot hold you forever, however. You must be charged with a crime within a certain limited amount of time or they must release you.

Arraignment

This is where the Judge or Magistrate will formally read your criminal charges and inform you of your rights. You should have asserted your right to a lawyer before now. If not, do so right now. If you are asked how to plea, and you do not have an experienced Houston criminal defense lawyer, you must say “not guilty.”

The Magistrate will decide on whether or not you should be released, and if so, how much your bail ought to be. Bail is the amount of money you, or someone else, should post with the court so they can be sure you will reappear. In the event you do not, your bond will be forfeited, and the county gets it.

If bail is set, another person has to post it for you or hire a bail bondsman to do this. Should you hire a bail bondsman, and you run off, the bondsman loses the bail money to the court. In the event that happens, they send another person after you – a bounty hunter. Additionally, there is going to be a warrant out for your arrest. Sometimes you will be released on your own “recognizance”, which just means there is no bail. But you are now in the system and will be required to appear for further proceedings.

Discovery

Discovery is known as a pre-trial process where the prosecutor has to give certain information and facts to your criminal defense lawyer. Your attorney gets to see all the evidence against you some time before trial. There won't be any secret, last minute witnesses permitted.

Pre-Trial Motions

This is the preferred reason to remain silent, not provide your consent to a search, and demand an experienced criminal defense lawyer in the event you are arrested. Your lawyer might prepare any number of pre-trial motions. They generally ask the Court to exclude certain evidence from trial if it was obtained in an unlawful or impermissible manner. It is difficult to suppress evidence if you spoke voluntarily or gave consent to a search.

Plea Bargaining

This is known as a fancy word for negotiations. If the two sides reach an agreement, you will generally have to plead guilty to one or more of the charges to acquire the deal which has been reached. This involves going to court, answering a few questions from the Judge, and telling the court on the record that you are guilty to the charge agreed upon by your lawyer and the prosecutor.

Trial

If the prosecutor and your lawyer could not reach an agreement on a plea bargain, you will frequently go to trial. Trial is where the government needs to put on evidence that you committed a criminal offense, normally including producing witnesses live in court to testify. You do not need to testify. You do not need to put on any evidence whatsoever. The government must establish its case, and it has to demonstrate it beyond a reasonable doubt.

Sentencing

If you are found guilty, or should you enter a plea of guilty primarily based on a plea bargain, you will probably be sentenced by the Court. The Judge will determine the suitable punishment. This may end up being anything from probation to active prison time. There are guidelines that apply and offer the Judge a general range of punishment options.

An knowledgeable Houston Criminal Attorney will be able to do a lot for you at sentencing, including making sure that all the procedures are followed, arguing for lesser guidelines, and arguing circumstances that would allow the Judge to sentence you to less than that called for in the guidelines. Also, an experienced criminal defense attorney might help you prior to sentencing by explaining to you what measures you can take to make the Judge more likely to be lenient on you. For example, in the event you are arrested for drunk driving, and take a class or go to rehab, the Judge may take that into consideration when sentencing you.

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I have attempted to provide you with a useful overview of the criminal process, with a few recommendations on how best to deal with things at each stage. But I must repeat my earliest and most important advice here: call your Houston Criminal Defense Lawyer the instant a criminal charge is made against you. It is no joke, and you could lose your liberties, your cash, and your independence.

Remember, an experienced Attorney offers a free consultation for anyone arrested for a criminal offense. You should take advantage of that free of charge time with an experienced attorney to better understand the exact nature of your situation, and what is likely to happen to you at trial or sentencing.