Category: General Practice

Criminal Defense

Arrest
An arrest occurs when the police take custody of a person upon suspicion of having committed a crime. A person can be arrested before or after a grand jury indictment. At the time of arrest, a person has to be informed of certain basic rights.
Your Right to Remain Silent
Before the police ask any questions regarding the alleged crime, the police must tell the suspect that he or she has the right to remain silent, that anything said can be used against the person in a court of law, and that the person has a right to an attorney and that one will be provided if the person cannot afford one.

The Arraignment
Usually within 48 hours after an arrest a person must be brought before a judge. Usually, this appearance is called an arraignment. At the arraignment, the person is informed of the charges and the judge determines whether there is an adequate reason to charge the person with having committed a crime. The judge also usually will set bail. Bail is the amount of money that a person must give to the court to be released before trial. The basic purpose of bail is to give the criminal defendant a strong incentive to show up for trial; if the person flees or does not appear at the trial, the bail is forfeited.

The Eighth Amendment to the United States Constitution prohibits excessive bail. The amount of bail depends on the nature of the offense, the defendant's prior criminal record, and the court's assessment of the likelihood that the defendant will flee or pose a continuing threat to the community.
In cases of excessive bail, our attorneys can assist you in efforts to reduce the bail. Hearings can be held in the local court or appealed to a higher court.

The Plea
At the arraignment, or at a subsequent hearing, the defendant is asked for an initial plea of "guilty" or "not guilty." If a defendant pleads guilty, there is no trial and the defendant will have a sentencing hearing where the judge will determine the appropriate punishment. In most criminal cases, trials are avoided through a process called "plea bargaining." The prosecutor offers the defendant a compromise where the defendant pleads guilty in exchange for a reduction of the charges or a lessened sentence.

Over 90% of all criminal cases are resolved through guilty pleas. Plea bargaining can occur anytime before the trial begins, and occasionally even during the trial itself. An accused should never accept a plea before contacting a licensed attorney to review all of the ramifications the plea agreement entails.

Discovery
At both the federal and state levels, prosecutors must disclose to the defendant any evidence that would help the defendant to establish his or her innocence.  For example, if a prosecutor learns of a witness who can verify a criminal defendant's alibi, the prosecutor must disclose this to the defense.

The Trial
Few cases ever get to trial, but if yours does D. Miller and Associates, P.L.L.C. has the skill and ability to aggressively represent you.

Our firm knows that people who are accused of a crime are worried about possible outcomes. In criminal cases, the most valued right of all is at stake; freedom. We know when someone is accused of a crime they need quick and clear answers to their legal questions. We also routinely arrange for a bail bond to be posted, or fight for a bail reduction to release your loved one while we work to defend the case.
We are aggressive attorneys who are not afraid to challenge the police or prosecutors on tough cases.
If you or someone you know is charged with a serious criminal offense, we will discuss the matter at no charge. Please call us any time, day or night. We will respond promptly to provide you with the defense services you need. It would be helpful if you could provide the following information (if known) about the person accused or arrested: full name, date of birth, day and evening telephone numbers, reason for arrest and charge, jail booking number, court case number, next court date, amount of bail and whether bail has been posted.
If you are facing criminal charges in either a federal or state court, or you are under investigation, your legal situation is totally different than any other legal problem. Here, the GOVERNMENT WANTS YOU PERSONALLY!
In other areas of law the end result is payment of receipt of an amount of money. The amount determines "victory" or "defeat".
Criminal defense attorneys, however, deal, not in an amount of money, but in your (and your family's) personal future, whether it involves loss of freedom (i.e., jail or prison) or loss of a professional license (i.e. accountant, lawyer, or doctor).
At D. Miller and Associates, P.L.L.C. our objective is to always fight aggressively, thoroughly and be on the offensive. We protect our client’s interests and never deal any case to an inexperienced attorney.

Do I Need an Attorney?
If you are being charged with a misdemeanor or felony offense you may need to consult with a criminal defense attorney. Both misdemeanors and felonies have the potential for jail time and probation. Misdemeanors are generally regarded as less serious crimes, but nevertheless require an aggressive defense as they carry a potential jail sentence of up to 1 year in county jail. Felonies are the most serious category of crimes that which carry a potential state prison sentence. It is essential that you understand the seriousness of the charges, the consequences, and the possible defenses to the charges. It is unlikely that the average person could represent himself or herself effectively in court against an experienced prosecutor. The prosecutor knows the law better than the average person and is experienced in these matters. If you choose to represent yourself you are on an uneven playing field and at a disadvantage. That is why you should consult with an attorney on these matters.
If you are facing an Infraction, it is safe to represent yourself in these matters since these are the least serious violations. Infractions, like those involving traffic laws subject a person to nothing more than a monetary fine. However, be aware that some infractions, like traffic violations, could affect your driver's license.

Do I Still Need an Attorney Even If I Have Not Been Arrested, Accused or Charged with a Crime?
Be careful! Even though you are not accused or charged with a crime, you may be a suspect while law enforcement carries out their investigation. Yes, you should consult with an attorney before making any statement to law enforcement. What you say, no matter how well intentioned, can be misinterpreted and may be used as evidence against you later.
Contact Us for Immediate Help
If you have any questions or would like to speak directly to an experienced criminal attorney regarding your criminal matter, please do not hesitate to call the firm's office at 713-779-3476 for a free telephonic consultation.  If you prefer, you may e-mail one of our experienced criminal lawyers at Jeffrey@dmillerlaw.com or Ryan@dmillerlaw.com and you will be in touch with an experienced criminal lawyer.

Juvenile Crimes
Juvenile Court is very different than adult court. When a juvenile is accused of a crime it is considered an act of "delinquency" and requires juvenile court intervention to deal with this delinquency. Juvenile courts have their own special rules and procedures. For example, there are no jury trials in juvenile court and juveniles may not be released on bail.
Juvenile courts handle cases involving children under the age of 18. However in cases involving a serious felony or violence, the court may decide to send the juvenile to adult court and try him as an adult. The decision to try the juvenile as an adult is left up to the prosecutor.
The intent of the juvenile justice system is rehabilitation as opposed to punishment in an effort to make the juvenile a well-adjusted and productive member of society.
What are the Consequences for Juvenile Crimes?
The consequences for juvenile crimes will depend on the seriousness of the crime and the background of the offender. The consequences include fines, treatment programs, detention, home arrest (electronic monitoring), formal/informal probation, community service, camp, and incarceration.

Do I Need a Juvenile Attorney?
A juvenile charged with a crime may obtain a lawyer at any stage of his/her case. Juveniles have a right to represent themselves but it is often a bad idea to do so. You should speak to a lawyer to fully understand the ramifications of the criminal charges.

Posted on November 21, 2008 | Category: General Practice | By: