Common Criminal Defense Questions

If you are charged with a felony offense like homicide or another violent crime, one of the first steps will likely be a preliminary hearing. Preliminary hearings, or “prelims,” are pre-trial proceedings where the judge evaluates whether or not there is enough probable cause to justify pursuing a criminal case and, if so, whether the prosecution has sufficient evidence to charge you with the crime.

The standard of proof in a preliminary hearing is much lower than a trial; however, this stage is important because it gives your attorney the chance to examine the case against you and properly build your defense accordingly. During the prelims, your attorney may also dispute evidence, throw out witness testimonies, and identify weaknesses in the prosecution’s case.

A preliminary hearing typically takes places shortly after the official charges have been filed against you. The Federal Speedy Trial Act mandates that prelims be held no later than 30 days after the defendant has been arrested; however, defendants have the right to “waive time” – which means delaying prelims until such a time when all the major players in the case are ready. Waiving the right to a speedy trial is typically beneficial for the defense because it allows us more time to prepare.

A pretrial conference (or “pretrial motion”) is a legal proceeding that takes place before the actual trial begins and its purpose is to ensure a “fair and expeditious trial.” During the pretrial conference, both parties meet before the judge to determine which evidence and witness testimonies will be admissible in court.

The pretrial conference is also when your defense attorney may discuss a plea bargain with the District Attorney, such as pleading guilty to a lesser crime or downgrading the charge from a felony to a misdemeanor. An overwhelming majority of criminal cases never reach the trial phase – most end via a plea bargain during the pretrial conference.

If a plea bargain cannot be reached during the pretrial conference, then your trial date will be set. In some cases, it is wiser for a defendant to go to trial than take a plea bargain depending on the specific facts and circumstances surrounding the case. An experienced criminal defense attorney will be able to determine your best course of action.

The standard stages of trial proceedings are as follows:

• Selecting a jury (in some cases)
• Opening statements
• Prosecution: Presenting the evidence
• Defense: Cross-examining witnesses
• Closing statements

Once both sides have made their case, the jury (or the judge, if no jury has been appointed) deliberates and returns with a verdict: guilty or not guilty. In Texas and a select group of other states, the jury’s verdict must be unanimous in order to convict the defendant. If a unanimous vote cannot be reached, then a mistrial is declared. If a unanimous guilty vote is reached, then sentencing commences.

The duration of each criminal case varies according to factors like the complexity of the case, seriousness of the charge, the evidence brought by the prosecution and the wishes of the defendant. On average though, a criminal case can take anywhere from two months to two years.

We know that most people are eager to resolve their case as quickly as possible so they can get on with their lives. However, it is always better to allow your defense attorney sufficient time to prepare your case and examine the evidence so that we deliver the best possible outcome in your case.

Yes. Regardless of what crime you or a loved one have been charged with – whether it is a felony or misdemeanor – it is imperative that you have an experienced attorney on your side. Not only is appointing an attorney to represent you a fundamental right (as stated by the Miranda Rights that should have been read to you when you were arrested – “You have the right to an attorney. If you cannot afford an attorney, one will be provided for you.”), it is in your best interests to hire a lawyer who can skillfully navigate the legal landscape and ensure the best possible outcome for your case.

In addition, your criminal defense attorney will be able to help you understand:

• The details of the charges filed against you
• The best defense strategies for your case
• The likelihood of plea bargains
• What to expect during pre-trial, trial and sentencing

Although a public defender will be appointed to your case if you cannot afford to hire a criminal defense attorney, this does not mean this service is without cost. If the court later determines you financially stable enough to have hired your own attorney, then you will be forced to pay for the public defender’s services.

Also, public defenders often have extremely heavy caseloads, meaning they have less time and resources to devote to your case. This can result in steeper fines, more jail time and a harsher sentence. It is almost always better to hire a private criminal defense attorney rather than have a public defender appointed to your case.

Choosing a criminal defense lawyer is a major decision. The outcome of your case can hinge heavily on the experience, skill and expertise of the attorney you hire, so it is highly important that you choose the best one. Here are three important steps to follow when looking for a criminal defense attorney to represent you:

1. Consider. First, determine your legal needs in order to find an attorney who has the proper expertise, background and experience for the job. You should look for criminal defense law firms in your local area who focuses on the specific practice area that pertains to your case. Also, you may want to hire either a state attorney or federal attorney depending on what crime you are being charged with.

2. Research. Once you understand your legal needs, it’s time to narrow down your options for potential attorneys. The Internet is one of the best and easiest resources for finding lawyers near your. Use online legal directories, professional legal organizations and your preferred search engine to locate potential candidates. Also consider asking friends and family for any recommendations.

3. Interview. Lastly, you’ll want to schedule a consultation with the attorney or attorneys you found that meet all of your criteria. Nothing can replace a face-to-face meeting with the attorney who will be representing you. Most lawyers offer an initial consultation, during which you can discuss the specific defense strategies available for your case and other important things like cost, experience, background, etc.