Defending Against Texas DWI Charges: Strategies to Protect Your Rights
Facing driving while intoxicated (DWI) charges in Texas can be a distressing and overwhelming experience. A DWI conviction cRead More
Being arrested can be a distressing and confusing experience. It is important to understand your rights and know how to navigate the process to protect yourself.
Remaining calm is crucial during an arrest. Feeling anxious or upset is natural, but staying composed is important. Officers can be very apprehensive during an arrest. For your own safety, make sure to follow the officer’s physical commands. Get out of the car when they direct you to do so. Stand where they direct you to stand. Keep your hands where they can be seen, and do not make any sudden movements. Resisting arrest or arguing with officers can escalate the situation and potentially lead to additional charges.
Under the Fifth Amendment of the United States Constitution, you have the right to remain silent and the right to an attorney. Exercise these rights by stating that you do not wish to talk and would like to speak with an attorney. Be firm in asserting your rights while maintaining a respectful tone.
While you should be physically cooperative by standing and going where directed, be mindful of what you say during the arrest and afterward. Anything you say can be used against you in court. As a general rule, it is best to keep your mouth shut, refrain from answering questions, refrain from volunteering information, or make statements. Remember if the officer has already decided to arrest you, you are not going to talk your way out of it. It is best to save your story for your lawyer.
Familiarize yourself with the arrest process in Texas. After the arrest, you may be taken to a police station for booking, which involves recording your personal information, fingerprints, and photographs. Understand that the arrest does not automatically mean you are guilty. You are presumed innocent.
One of the most crucial steps after an arrest is to contact an experienced criminal defense attorney as soon as possible. A knowledgeable criminal defense attorney will provide guidance, protect your rights, and advocate for your best interests throughout the legal process.
Once you have retained legal representation, following their advice and guidance is crucial. Your attorney will provide the information about the charges, potential defenses, and the legal process ahead. Cooperate with your attorney, provide them with all the relevant arrest details, and trust their expertise in building a strong defense strategy.
If possible, try to gather information and evidence related to your arrest. Provide your lawyer with a detailed description of the circumstances surrounding your arrest. If there were any witnesses to the arrest, let your lawyer know. This information can be valuable for your defense.
If you are eligible for bail, work with your attorney to prepare for the bail hearing. Your attorney will present arguments for your release and address any concerns the court may have regarding your potential flight risk or danger to the community. Following the court’s instructions and appearing at all scheduled hearings is crucial to maintain a favorable position in your case.
Being arrested in Texas can be a daunting experience, but knowing what to do can help protect your rights. Stay calm, assert your rights, and seek legal representation immediately. By taking these steps and working closely with your legal counsel, you can navigate the complexities of the legal system and work towards the best possible outcome in your case.
Remember, it is your right to have a fair trial and to present a strong defense. Being proactive, informed, and diligent in your approach after an arrest in Texas is essential. Remember that every case is unique, and the advice provided in this blog post should be used as general guidance. It is crucial to consult with an experienced criminal defense attorney who can provide personalized advice based on the specific details of your case.
By taking the appropriate steps and seeking qualified legal representation, you can navigate the arrest process more confidently and work towards achieving the best possible outcome.
The client believed to be facing potential Wire Fraud Charges related to SBA PPP loan applications. Investigation of applications for PPP loans and PPP forgiveness demonstrated that the Client had at all times acted in a lawful manner. Investigation demonstrated no fraud was committed by the client. Case closed.
Client was charged by Federal Indictment with making a social media post that threatened Malicious Damage and Destruction of a Building by Means of Fire and Explosives in violation of Federal law. The Defense showed that Client was a law-abiding citizen. The Defense further showed that the alleged threat was not made with any criminal intent.
The client, a public official with a long history of public service, was accused by a former girlfriend of engaging in non-consensual sexual relations. The Defense investigation and analysis showed through a detailed timeline that the allegation made absolutely no sense. Phone records, including calls and texts, were relied on to help establish an accurate timeline. The Defense met with law enforcement and reviewed a detailed package that exonerated the accused.
Client, a Houston area professional who frequently travels for work, was accused by his wife of assaulting her in his family home. Defense showed that wife’s story lacked credibility and there was no physical evidence in support of the wife’s allegation.
The client, a young Black male, was driving his car when police pulled him over for no apparent reason. It looked to be a profile stop. The client was accused of possessing a controlled substance in his vehicle. The Defense showed that there was no lawful basis for the police to stop the Client’s car. The Defense also showed that there was no lawful basis for the search of the Client’s car. It was a bad search, so the seized evidence was not admissible.
Client charged in Federal Indictment In “Operation Wrecking Ball” with 55 named co-defendants. Client faced seven charges. Client was charged with Conspiracy to Distribute Cocaine and Conspiracy to Engage in Money Laundering. Client was also charged with four counts of Distribution of Cocaine and one count of Money laundering.
Allegations involved client’s alleged use of his home to distribute cocaine. Government’s lengthy investigation involved numerous wiretaps, surveillance, video, pole cams, search warrants, vehicle stops and use of cooperating co-defendants.
Client went to trial with four remaining defendants. After a two-week trial, Judge granted Motion for Acquittal on four of the seven charges. Jury found Client Not Guilty of remaining three charges.
Client charged in Federal Court with two counts of Wire Fraud related to Five SBA EIDL loan applications. The Government alleged the client, a Houston professional, defrauded the Small Business Administration out of over $150,000. The Government also found the intended loss was over half a million dollars. The Client faced up to 20 years in prison on each count. The Defense investigated the case and negotiated a deal that included the Government not opposing a probation. The Federal Guideline calculation was for a prison sentence and the Probation Department recommended a prison sentence. Attorney Fickman submitted a 90 page Defense Sentencing Memorandum asking for Probation.
Client was retired professional. Client was accused of being involved in a road rage incident in 1960 Area. Defense put together a 100 page memorandum that demonstrated complainant was actual aggressor.
Client was accused of touching child. Case involved thousands of pages of psychiatric and Child Protective Services records as well as investigations by multiple police departments. After three- year fight, case dismissed.
Client accused of shoving and knocking down family member causing injury. After investigation, charges were dismissed.
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