Being arrested or charged with a crime is one of the most frightening experiences a person can face. As a Houston criminal defense attorney who has defended clients against charges ranging from misdemeanors to serious felonies, I understand the confusion, fear, and uncertainty that comes with criminal accusations. This comprehensive guide will help you understand your rights, the criminal justice process in Texas, and how to protect yourself when facing criminal charges.
Your Constitutional Rights in Criminal Cases
Understanding your constitutional rights is crucial when facing criminal charges. These rights are designed to protect you throughout the criminal justice process.
Fourth Amendment Rights
Protection Against Unreasonable Searches and Seizures
- Police need probable cause or a warrant to search you, your home, or your vehicle
- Evidence obtained through illegal searches may be suppressed
- You have the right to refuse consent to searches (though police may still search with probable cause)
Fifth Amendment Rights
Protection Against Self-Incrimination
- You have the right to remain silent
- You cannot be compelled to testify against yourself
- Anything you say can be used against you in court
- You have the right to have an attorney present during questioning
Sixth Amendment Rights
Right to Legal Representation and Fair Trial
- Right to have an attorney represent you
- Right to a speedy and public trial
- Right to an impartial jury
- Right to confront witnesses against you
- Right to compel witnesses to testify on your behalf
Eighth Amendment Rights
Protection Against Excessive Bail and Cruel Punishment
- Right to reasonable bail in most cases
- Protection against cruel and unusual punishment
The Texas Criminal Justice Process
Understanding how the criminal justice system works in Texas can help you navigate your case more effectively.
1. Investigation Phase
Before arrest, law enforcement may investigate alleged crimes through:
- Witness interviews
- Evidence collection
- Surveillance
- Search warrants
- Grand jury proceedings (for felonies)
Your Rights During Investigation:
- Right to remain silent if questioned
- Right to refuse consent to searches
- Right to have an attorney present during questioning
2. Arrest
An arrest occurs when police take you into custody. This can happen:
- With an arrest warrant
- Without a warrant if police have probable cause
- During the commission of a crime
After Arrest:
- You must be informed of your Miranda rights
- You should be allowed to make phone calls
- Booking process begins (fingerprints, photos, personal property inventory)
3. Initial Appearance and Bail
Within 48 hours of arrest (or by the next business day), you must appear before a magistrate who will:
- Inform you of the charges
- Advise you of your rights
- Set bail amount
- Appoint counsel if you cannot afford an attorney
4. Grand Jury Process (Felonies)
For felony charges, a grand jury must determine whether probable cause exists to formally charge you. The grand jury can:
- Issue an indictment (formal charges)
- Issue a “no bill” (decline to prosecute)
- Request additional investigation
5. Arraignment
At arraignment, you will:
- Be formally notified of charges
- Enter a plea (guilty, not guilty, or no contest)
- Have representation appointed if needed
- Discuss bail modifications if necessary
6. Discovery and Pre-Trial Motions
Your attorney will:
- Review evidence against you
- File appropriate motions (suppress evidence, dismiss charges, etc.)
- Negotiate with prosecutors
- Prepare your defense strategy
7. Trial or Plea Bargain
Cases can resolve through:
- Plea bargain: Negotiated agreement with prosecutor
- Trial: Jury or bench trial where guilt must be proven beyond reasonable doubt
Types of Criminal Charges in Texas
Criminal charges in Texas are classified into several categories, each carrying different penalties.
Class C Misdemeanors
- Penalties: Fine up to $500
- Examples: Traffic violations, public intoxication, disorderly conduct
- No jail time but can affect your record
Class B Misdemeanors
- Penalties: Up to 180 days in jail, fine up to $2,000
- Examples: First DWI, possession of small amounts of marijuana, theft under $100
Class A Misdemeanors
- Penalties: Up to 1 year in jail, fine up to $4,000
- Examples: Assault causing bodily injury, theft $100-$750, second DWI
State Jail Felonies
- Penalties: 180 days to 2 years in state jail, fine up to $10,000
- Examples: Credit card abuse, theft $2,500-$30,000, drug possession
Third Degree Felonies
- Penalties: 2-10 years in prison, fine up to $10,000
- Examples: Aggravated assault, theft $30,000-$150,000, intoxication assault
Second Degree Felonies
- Penalties: 2-20 years in prison, fine up to $10,000
- Examples: Aggravated assault with deadly weapon, sexual assault, robbery
First Degree Felonies
- Penalties: 5-99 years or life in prison, fine up to $10,000
- Examples: Murder, aggravated kidnapping, aggravated sexual assault
Capital Felonies
- Penalties: Life without parole or death penalty
- Examples: Capital murder
Common Criminal Defense Strategies
Effective criminal defense requires thorough analysis of your case and strategic planning. Common defense approaches include:
Challenging Evidence
- Illegal search and seizure: Evidence obtained illegally can be suppressed
- Chain of custody issues: Improper handling of evidence can lead to dismissal
- Witness credibility: Challenging the reliability of prosecution witnesses
- Expert testimony: Using forensic experts to dispute prosecution evidence
Proving Innocence
- Alibi defense: Establishing you were elsewhere when the crime occurred
- Misidentification: Challenging eyewitness identification
- False accusations: Demonstrating the allegations are untrue
Justification Defenses
- Self-defense: Acting to protect yourself from harm
- Defense of others: Protecting family or others from danger
- Defense of property: Protecting your home or property under Texas Castle Doctrine
Mental State Defenses
- Insanity: Mental disease or defect preventing understanding of wrongfulness
- Diminished capacity: Mental condition affecting ability to form required intent
- Intoxication: Involuntary intoxication affecting mental state
Procedural Defenses
- Statute of limitations: Charges filed too late
- Double jeopardy: Being tried twice for the same offense
- Prosecutorial misconduct: Improper conduct by prosecutors
DWI Defense in Texas
Driving While Intoxicated (DWI) is one of the most common criminal charges in Texas. Understanding DWI laws and defenses is crucial.
DWI Elements
Prosecution must prove:
- You were operating a motor vehicle
- In a public place
- While intoxicated (BAC 0.08% or higher, or lacking normal mental/physical faculties)
DWI Penalties
First Offense:
- Class B misdemeanor
- Up to 180 days in jail
- Fine up to $2,000
- License suspension up to 1 year
Second Offense:
- Class A misdemeanor
- Up to 1 year in jail
- Fine up to $4,000
- License suspension up to 2 years
Third Offense:
- Third degree felony
- 2-10 years in prison
- Fine up to $10,000
- License suspension up to 2 years
DWI Defense Strategies
- Challenging the stop: Was there reasonable suspicion for the traffic stop?
- Field sobriety test issues: Were tests administered properly?
- Breathalyzer challenges: Machine calibration and maintenance issues
- Blood test challenges: Chain of custody and contamination issues
- Medical conditions: Conditions that can affect test results
Drug Crime Defense
Texas has strict drug laws with severe penalties. Common drug offenses include:
Possession Charges
Penalties depend on:
- Type of drug
- Amount possessed
- Prior criminal history
- Location of offense (enhanced penalties near schools)
Drug Trafficking/Distribution
More serious charges involving:
- Sale or delivery of controlled substances
- Manufacturing drugs
- Possession with intent to distribute
Defense Strategies for Drug Cases
- Illegal search and seizure: Fourth Amendment violations
- Lack of knowledge: Unaware of drug presence
- Constructive possession challenges: Drugs found in shared spaces
- Entrapment: Police inducement to commit crime
- Chain of custody issues: Improper evidence handling
Domestic Violence Defense
Domestic violence charges are taken seriously in Texas and can have lasting consequences including:
- Loss of gun rights
- Protective orders
- Immigration consequences
- Employment issues
Common Domestic Violence Charges
- Assault-Family Violence: Causing bodily injury to family member
- Aggravated Assault-Family Violence: Using deadly weapon or causing serious injury
- Continuous Violence Against Family: Pattern of family violence
- Violation of Protective Order: Violating court-issued protection order
Defense Strategies
- Self-defense: Acting to protect yourself
- False accusations: Motivated by divorce or custody disputes
- Lack of evidence: Insufficient proof of assault
- Witness credibility issues: Challenging accuser’s reliability
White Collar Crime Defense
White collar crimes involve financial fraud or deception and can carry severe penalties:
Common White Collar Crimes
- Embezzlement: Theft by someone in position of trust
- Fraud: Deception for financial gain
- Money laundering: Concealing source of illegal funds
- Identity theft: Using another person’s identifying information
- Computer crimes: Unauthorized access to computer systems
Defense Strategies
- Lack of criminal intent: Mistake or good faith belief
- Insufficient evidence: Challenging forensic accounting
- Entrapment: Government inducement
- Statute of limitations: Charges filed too late
Building Your Defense Team
Effective criminal defense often requires a team approach:
Your Attorney
- Reviews evidence and identifies weaknesses in prosecution case
- Files pre-trial motions
- Negotiates with prosecutors
- Represents you at trial
Investigators
- Interview witnesses
- Gather evidence supporting your defense
- Locate alibi witnesses
- Investigate prosecution witnesses
Expert Witnesses
- Forensic experts: Challenge scientific evidence
- Medical experts: Explain injuries or medical conditions
- Mental health experts: Address competency or mental state issues
- Accident reconstruction experts: Analyze crash scenes
The Importance of Acting Quickly
Time is critical in criminal cases:
Immediate Steps
- Exercise your right to remain silent
- Request an attorney immediately
- Don’t consent to searches
- Document your version of events
- Preserve evidence that supports your defense
Evidence Preservation
Important evidence can be lost quickly:
- Surveillance video: Often deleted after 30 days
- Witness memories: Fade over time
- Physical evidence: Can be contaminated or destroyed
- Cell phone records: May be overwritten
Consequences Beyond Criminal Penalties
Criminal convictions can have lasting effects beyond jail time and fines:
Employment Consequences
- Background checks: Many employers conduct criminal background checks
- Professional licenses: Some convictions can result in license suspension or revocation
- Security clearances: Criminal history can prevent obtaining clearances
Educational Impact
- Student loans: Drug convictions can affect federal student aid eligibility
- University admission: Some schools consider criminal history
- Scholarship eligibility: Convictions may disqualify you from certain scholarships
Immigration Consequences
- Deportation: Certain convictions can lead to removal proceedings
- Inadmissibility: May prevent reentry to United States
- Naturalization: Can affect path to citizenship
Civil Consequences
- Gun rights: Felony convictions result in loss of firearm rights
- Housing: Landlords may refuse to rent to those with criminal records
- Professional consequences: Impact on certain careers and professional relationships
When to Accept a Plea Bargain
Plea negotiations are common in criminal cases. Consider these factors:
Benefits of Plea Bargains
- Certainty: Known outcome versus risk of trial
- Reduced charges: Lesser penalties than if convicted at trial
- Time savings: Avoid lengthy trial process
- Privacy: Avoid public trial proceedings
Risks of Plea Bargains
- Permanent record: Conviction on your record
- Collateral consequences: Immigration, employment, licensing issues
- Giving up rights: Waiving right to trial and appeal
Conclusion
Facing criminal charges in Texas is a serious matter that requires immediate attention and skilled legal representation. Understanding your rights, the criminal justice process, and potential defenses is crucial for achieving the best possible outcome in your case.
Every criminal case is unique, with its own facts, circumstances, and legal challenges. The strategies that work in one case may not be appropriate for another. This is why having an experienced criminal defense attorney who can analyze your specific situation and develop a tailored defense strategy is so important.
Remember that being charged with a crime doesn’t mean you’re guilty. The prosecution has the burden of proving guilt beyond a reasonable doubt, and there are many ways to challenge their case. With proper legal representation and a thorough understanding of your rights, you can fight the charges against you and work toward the best possible resolution.
If you’re facing criminal charges in Houston or surrounding areas, don’t face this challenge alone. The decisions you make early in your case can have lasting consequences, so it’s important to have experienced legal guidance from the beginning.
Attorney Sana Abid has extensive experience defending clients against a wide range of criminal charges in Texas, from misdemeanors to serious felonies. Her thorough approach to criminal defense ensures that every client’s rights are protected throughout the legal process. Contact our office immediately if you’re facing criminal charges to discuss your defense options.