Frequently Asked Questions

1. What will happen the first time I go to court?

Your attorney will read your file which usually contains the offense report, your prior criminal history and other important information. The attorney may also approach one of the district attorney’s in the court to see what type of punishment the DA will be seeking and may or may not let the DA know the defense position on the case.


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2. How many times will I have to go to court?

Most cases are reset 3 to 4 times before they are resolved.

 

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3. Why does it take so many settings to resolve a case?

You have the option of taking what the DA is offering the first time you go to court if he has completed all his work on the file. Usually your attorney will want to conduct some type of investigation of the facts in the offense report. Also your attorney may not be happy with what the DA is offering at first.

 

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4. What is the difference between probation and deferred adjudication?

Both are suspended sentences which means if you do what the court asks you will not have to serve out your time in custody. The main difference is that you will not be considered “convicted” if you successfully complete your deferred probation.

 

5. I have received a letter in the mail that says I have a warrant for my arrest. What should I do?

Call a bondsman who will be able to tell you what you are charged with, the amount of the bond and other basic information (We can also get this information for you.) You should arrange to post a non arrest bond.

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6. What if my case is set at NO BOND?


You should arrange for an attorney immediately so when you turn yourself in, you will have someone to request that a reasonable bond be set on your case.

 

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7. How do I choose an attorney?

You should find an attorney with whom you feel comfortable communicate and that seems to know what he/she is doing. Although you want to find one in your price range, being charged with a crime is a serious matter so this is not the right situation for you to bargain shop.

 

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8. How do I get a court-appointed attorney?

You must demonstrate to the court that you cannot afford to hire a lawyer. If you are on bond, the Judge will likely assume you are financially capable of hiring an attorney. If you are voluntarily unemployed the Judge will likely not be sympathetic to your situation. Be prepared to bring documented proof that although you are working full time you are not able to meet expenses. Those who are in custody (not on bond) are the most likely to receive a court appointed attorney.

 

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9. Will I get my bond money back?

If you post the entire cash bond with the county you will likely receive your money back several weeks after the case is resolved as long as you are on time to all of your court settings, Comply with any bond conditions the Judge places on you and commit no new offense. If you go through a bonding company you pay them a non-refundable fee to guarantee the entire amount of the bond for you. The judge may require you to take drug screening tests while you are on bond and may revoke your bond if those tests come back positive for drugs.

 

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10. How much will you charge to represent me?

This depends on several factors;
1) What you are charged with?
2) What is your prior criminal record?
3) What are the facts of your case?
My office charges a flat rate for legal representation based on the factors above. The fee is broken into two parts: a pretrial representation fee and a trial fee if your case should proceed to trial.

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FREQUENTLY ASKED JUVENILE QUESTION

 

1. My child is being held at the detention center. Can I request that he come home?

The Judge at the detention center will hold a hearing to determine if your child should be released. Some things she considers is:

1) Seriousness of the offense.

2) Prior juvenile history.

3) Whether an adult can provide around the clock supervision for the child.

4) Whether arrangements have been made for schooling.

 

 

 

2. How will I know when my son’s 1st court date is set?

You will be served by the Constable with paperwork letting you know where and when to appear in court. If the constable does not have enough time to serve you, the juvenile probation department should let you know or you may contact them at (713) 512-4100

 

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3. The probation department asked me to come speak with them about my son. Should I go?

This is your opportunity to let the probation department know about your child. They will prepare a report that the prosecutor, defense attorney, and judge will eventually read. A recommendation will be made by the department to the court about what to do with your case. This recommendation will be based, in part, on the information they receive from you.

 

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4. The court has appointed my daughter a lawyer. Should I hire one of my own?

Often times the lawyer appointed by the court will be free or cost you less to reimburse than if you hired your own lawyer. Further, the courts appointed lawyers are well versed in juvenile law which is very different in many ways than adult criminal law. Be careful that you hire a lawyer who has a good grasp on the juvenile justice system.

 


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