What to Look For in a Texas Criminal Defense Lawyer
Searching for the best defense attorney in Houston? Here’s how to get started
Are you or a family member facing a criminal charge? If so, you should know what to look for in a criminal defense lawyer. After all, your family’s future and freedom may depend on making the right choice.
Continue reading for advice on how to choose the most effective criminal defense lawyer for your case.
Considerations when choosing a criminal defense attorney
Criminal defense is a specialty
First, you should know that criminal defense is a specialty. You need a lawyer who is dedicated to that realm—and that realm alone. This means you shouldn’t turn to the lawyer who helped you handle a divorce or make a claim after an injury accident. You need a criminal defense lawyer who specializes in criminal cases.
Many defense lawyers have their own small private practice, as opposed to many lawyers who handle civil cases and typically work for large corporations — or personal injury lawyers who may be employed by large law firms.
Criminal defense is individualized
This can work to your advantage since your criminal defense attorney can give you the individualized attention your case needs and they are less likely to hand off your case to another lawyer. You are more likely to enter into a personal one-on-one relationship with your criminal defense lawyer than with attorneys in many other areas of law.
And what could be more personal than protecting your legal rights when a criminal charge threatens you financially and in terms of your freedom? Your defense lawyer can offer you the personal help that your individual case needs.
Criminal law is localized
Unlike lawyers who handle civil cases covering a wide range of lawsuits across a broad geographical region, a criminal defense lawyer is likely to be far more localized. He or she should have experience in the local courts and arguing before the judges in your area.
A defendant’s charge may stem from a state law, but procedures and individuals in the legal system can vary from court to court and from county to county. It’s important that your criminal defense lawyer is highly familiar with the localized procedures, personnel and other aspects to your case.
At the Neal Davis Law Firm, we are based in Houston, Texas. We have experience tackling criminal defense cases throughout Houston and the rest of Harris County, as well as in Montgomery County and Fort Bend County. Our law firm regularly and steadily deals with prosecutors, police and courts throughout these areas.
Criminal defense requires experience
It’s also vital that your criminal defense lawyer has experience handling the type of charge you face. All experience is not the same.
For instance, some lawyers who specialize in DWI or driving while intoxicated cases may claim they can handle a criminal defense case such as domestic violence or sex crimes as well. But they probably lack the experience needed to approach cases other than DWI.
Your criminal defense lawyer should have ample experience representing clients who faced the same charge as you, or at least a very similar one.
We’ve handled cases in many areas of criminal defense, including assault/family violence, white collar crimes, drug possession, DWI, shoplifting/theft, child pornography, online solicitation and other sex crimes.
In fact, our law firm has won awards and professional acclaim for its handling of such cases.
Those honors include recently being named among the Best Law Firms in America by the publications U.S. News and World Report and Best Lawyer. Also, Neal Davis has been named among the Best Lawyers in America (2015-2022) by an assessment of his peers.
Feel free to ask about the degree of experience the Neal Davis Law Firm has in handling the kind of charge you face. You need a lawyer with the right experience needed for your type of case.
Criminal defense needs a personal touch
You should also feel comfortable communicating with your criminal defense attorney, since that can impact how he or she will represent you in the legal arena. You and your defense attorney should act as partners in protecting your legal rights and should be on the same page.
Avoid choosing a criminal defense lawyer who dictates to you how your case should be handled without asking how you feel about it. Your defense attorney should welcome your input and feelings about your case. They should serve as both an advocate in the legal arena as well as a personal advisor who has your best interests at heart.
Criminal defense requires confidence
Also, look for a defense attorney who shows confidence in fighting the legal battle you will face. Such confidence may be the result of experience in dealing successfully with similar cases over the course of many years.
Criminal defense requires communication
In addition, it’s important that your defense lawyer have excellent communication skills. He or she should be able to explain the legal aspects of your case to you without using complex terms or “legalese” that’s difficult to grasp. Your lawyer should make your understanding of the situation a high priority.
Criminal defense needs options
Finally, your criminal defense lawyer should be able to provide you options on how to best approach your case. Such options, of course, will depend on the individual circumstances of your case.
For example, your attorney may recognize that the prosecution has a weak case based on different factors. Because of this perceived weakness, they may see an opportunity to get your charge be reduced or dismissed before trial.
Your defense lawyer also might see avenues he or she can explore in your legal defense if the case goes to trial, and they should be able to advise you on what these may be. Or your attorney may see an advantage for you in making a plea bargain agreement to settle your case without the need of a lengthy trial which could expose you to harsh punishments.
Whatever the situation, your criminal defense attorney should advise you of the possible options in your case and ask you how you wish to proceed. Your attorney should not dictate to you how your case will go, but instead engage you as an active partner in your defense by proposing options for you.
Why you shouldn’t wait to hire a criminal defense lawyer after being charged with a crime in Texas
The reality is that if you face a criminal charge, a criminal defense lawyer may be all that stands between you and a prison sentence and a hefty fine, so it’s immensely important that you act quickly to gain such legal support.
Below are a few of the best reasons to hire a criminal defense lawyer immediately after being charged with a crime.
Reason #1: Time is not on your side
If you’ve been arrested and charged with a crime, time is not on your side. You must act quickly or the case against you can become worse, as prosecutors continue to gather evidence to use against you. Your best chance of a negotiation to reduce or eliminate your charge is to begin such negotiations as soon as possible.
However, negotiations should be handled by an experienced attorney who can act quickly after your arrest to negotiate a reduced charge or perhaps even get your charge dropped.
Reason #2: A professional approach is needed
A criminal offense is a serious charge, and a professional approach is needed to deal with the challenges and to meet the problem head-on. For instance, it may be necessary to mediate between you and your accuser. If so, a professional approach by a defense attorney can help. You should never contact your accuser on your own. Leave that to a professional.
The bottom line is you should not try handling your own case, but should engage a professional defense lawyer to do the heavy lifting.
Reason #3: You must know your legal options
When you face a criminal charge, you must be aware of the legal options you have. Your defense lawyer can provide you with these options and advise you on your next steps. Keep in mind that your attorney will have your best interests at heart.
Reason #4: You should not answer questions without an attorney present
If police, prosecutors or investigators want to question you about a criminal case in which you are implicated, you should not answer any such questions without your lawyer being present to advise you on how to answer. Otherwise, you could accidentally hurt your case by what you say, especially given the fact that police often try to trick suspects into admitting their implication in a crime.
Keep in mind that it’s your legal right to have an attorney with you when you are questioned, and getting such an attorney is not an admission of guilt, but simply a protection of your legal rights.
Reason #5: Your constitutional rights may have been violated
A knowledgeable criminal defense lawyer can quickly determine if your constitutional rights were violated by arresting officers, who often make mistakes or step beyond legal boundaries. For instance, authorities may not have secured a proper warrant to search your home or belongings, or they may have lacked probable cause for such a search.
With help from your defense lawyer, you may be able to have some evidence in your case deemed inadmissible in court, so that it cannot be used against you.
Reason #6: You may want to make a plea bargain
Often, cases are resolved before going to trial by having a defense attorney negotiate a plea bargain, also known as a plea agreement or a plea deal. That means you may agree to plead guilty, but only to a lesser charge, or only with the understanding that your punishment will be reduced as a result.
To reduce the time and expense of trials, many cases are resolved by means of plea bargain agreements negotiated between a criminal defense lawyer and prosecutors. A plea agreement may even be offered first by prosecutors, after which your lawyer can work to negotiate an even better deal. If a fair plea agreement cannot be reached, your defense lawyer then can fight for your case at trial.
Reason #7: You need to gain evidence in your favor
A skilled defense attorney can work quickly to get the evidence you need to support your case, or your side of things. This can include gathering physical evidence as well as securing witness statements.
Reason #8: Emotional support is important
The reassurance of having a veteran lawyer is important in helping defendants face their case with the proper emotional support. Experiencing a criminal charge is a high-pressure situation with potentially harrowing psychological effects. Your defense lawyer stands between you and a harsh criminal justice system, and such support can be vital in helping you deal with the crisis.
Reason #9: Criminal laws are complicated
The Texas Penal Code as well as federal statutes are complicated when it comes to criminal charges. An experienced lawyer understands these laws and the best way to face them and to counter the charge against you.
Reason #10: Criminal penalties are financially costly
Along with possible jail time, the punishments for those convicted of crimes in Texas can be hugely expensive. You can face fines of many thousands of dollars for certain crimes, as well as possible expenses involving bail, court costs and other fees. The cost of hiring a defense lawyer may be far less than the many costs to you—including lost wages, if you’re imprisoned—in the event that you’re convicted.
How to choose the right criminal defense lawyer
Even if you now understand the considerations we’ve outlined above and what you can or should expect in a defense attorney, you still may wonder how to go about choosing your criminal defense lawyer in the first place.
With our law firm, that can start with a legal review of your case, which we’ll offer when you contact us. You’ll have the option of discussing your case over the phone or by meeting with us for an in-person consultation. Either way, we can help you decide how to proceed by offering you an understanding of the legal hurdles you’ll face.
You are also welcome to run your own background checks of us, perhaps by getting advice from other attorneys who are aware of our defense lawyers’ reputations.
In addition, you can examine our lawyer or law firm’s credentials. Our law firm comes highly recommended and has received praise by a variety of professional legal organizations. Our clients testimonials also show gratitude for the positive results we’ve achieved for them.
In choosing your defense lawyer, you also should ask about legal fees, which can vary from lawyer to lawyer and firm to firm.
Contact a veteran Houston, TX criminal defense lawyer
Keep in mind that the harsh penalties you may face, including high fines and prison time, are not the kind of things that should be approached by hiring the cheapest legal counsel you can get. You want your legal fees to be fair, but also to be commensurate with the gravity of the case before you.
Contact the Neal Davis Law Firm today for personal assistance and advice on how to approach your case. We believe you’ll find the qualities you’re looking for in our experienced criminal defense law firm, and we stand ready to help you fight for your legal rights.
Texas court process for criminal charges
Understand how Texas criminal cases proceed and what to expect throughout the judicial process.