How can a criminal defense lawyer help me?
If you have been charged with a criminal offense you should hire a criminal defense lawyer as quickly as possible. Having a lawyer with you during any questioning or investigation is critical in protecting your rights. Additionally, a criminal defense attorney will know how your charges may be prosecuted and, moreover, how to protect you against them. With proper legal representation, it is possible to reduce or altogether eliminate the charges being brought against you.
Will my case go to trial?
Short answer, it depends on your individual case. Depending upon the circumstances surrounding your case, you may benefit from reaching a settlement agreement. However, under other circumstances, it may be in your best interest to pursue trial. To best understand how the particulars of your case are likely to affect any possible sentencing, and to understand the extent of the charges brought against you, you should hire a criminal defense lawyer.
Should I accept a plea bargain?
Before you accept any plea bargain, you should consult with a criminal defense lawyer. Depending upon the particulars of your case, it might or might not be in your best interest to accept a plea bargain. In some situation, a trial may be better for your situation. Occasionally, individuals feel pressured to accept plea bargains that prosecutors offer because the consequences of a trial conviction may be much more severe. In any case, you can benefit from legal representation.
What is the difference between DUI and DWI?
Driving under the influence of alcohol is a violation of the law regardless of the circumstances, but there are separate criminal charges for this crime based on a number of factors. In particular, an individual who is under the legal drinking age and who is found to have any amount of alcohol in their system can be charged with DUI, Adults who are above the legal drinking age can only be charged with DWI if their blood alcohol level is above a certain limit (.08% for most drivers, .04% for commercial drivers) or if a police officer belives that a driver has lost his or her normal use of mental of physical faculties.
I have a criminal record, am I able to seek expunction?
Expunction is a valuable option for many individuals whose lives have been negatively affected by their criminal records. However, not everyone who has a criminal record is entitled to seek expunction under Texas law. Furthermore, even those who may eventually be able to pursue expunction of a criminal record will have to wait a certain period of time has passed before they are allowed to do so. Discussing your specific case with the Rabinovich Law Firm is the best way to determine whether you may qualify for expunction. For more information, please contact the Rabinovich Law firm for your free consultation today!
Frequently Asked Questions
Do I have to take a breathalyzer test if I’m stopped while driving?
If stopped by a police officer while driving, you are not required to submit to a breathalyzer test and may wish to refuse. However, under Texas law, driving on public roadways means that you have provided implied consent to these types of tests, and refusing to submit to a breathalyzer test may result in arrest and/or the suspension of your driver’s license. Furthermore, a law enforcement official may still be able to obtain a warrant in order to obtain a blood sample or other type of test after initial refusal. However, with help, it is possible to re-obtain your driver's license after refusing to submit to a breathalyzer test or blood draw. For more information, please contact the Rabinovich Law firm for your free consultation today!
When should I hire an attorney?
If you are charged with a crime, it is almost always going to be beneficial for you to retain the services of an criminal defense lawyer as soon as possible. A criminal defense lawyer can help you ensure that your rights are being upheld during the criminal investigation and, should the event arise, help you hold those who infringe on your rights accountable for their actions. Having tried knowledge of the system, a criminal defense lawyer will know how your charges could be prosecuted and, thereby, how best to defend against them. For more information, please contact the Rabinovich Law firm for your free consultation today!
Does my citizenship status matter if I am convicted of a crime?
Yes, although the ramifications will vary depending on the case. Your citizenship is an extremely important factor. Your citizenship status must be carefully considered after any criminal accusation. Occasionally, it is necessary to retain an attorney who specializes in immigration law. However, that decision can be made as the case develops. It is important to realize that the immigration consequences can be more or less significant than any criminal punishment including, but not limited to, deportation. You need an attorney who will help you obtain crucial information before the disposition of your case.
Remember: This information is not legal advice. It is provided for educational use only. If you need legal advice regarding expunction or nondisclosures in Texas, contact Max Rabinovich at 713-742-2855, or request a free case evaluation.
What are the different levels of criminal offenses?
Class B Misdemeanors- confinement for a term not to exceed 180 days in the county jail: and/or fine not to exceed $2,000. Example: DWI ("drunk driving"), Criminal Trespass, Theft by Check $50 to $500, evading arrest or detention, etc.
Class A Misdemeanor - confinement for a term not to exceed one year in the county jail; and/or a fine not to exceed $4,000. Example: a second DWI, Assault, Burglary of a Vehicle, Unlawfully Carrying a Weapon, etc.
Third Degree Felony - confinement for a term from two to 10 years in prison; and an optional fine not to exceed $10,000. Example: a third DWI, Indecency with a Child, Kidnapping, Possession of a Firearm by a Felon.
Second Degree Felony - confinement for a term from two to 20 years in prison; and an optional fine not to exceed $10,000. Example: Aggravated Assault or Kidnapping (if the victim is released unharmed), Arson, Robbery, Sexual Assault, etc.
First Degree Felony - confinement for life or a term from five to 99 years in prison; and an optional fine not to exceed $10,000. Example: Murder, Aggravated Kidnapping, Robbery or Sexual Assault, etc.
What happens when I go to court?
If you are on bond you will be notified by mail as to which court your case has been assigned, the court date, and the time you are to appear. On your court date, you should go directly to the court and make sure you are on time. You must be in court on the day and time instructed or the court may forfeit your bond and issue a warrant for your arrest. Some courts require that you come inside the courtroom, while others will tell you to remain in the hall directly outside the assigned courtroom until your name is called by the court bailiff. If you don't know where to go, it is always best to enter the courtroom and check in with the court bailiff or court coordinator. For more information, please contact the Rabinovich Law firm for your free consultation today!