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:

Injury Claims

When you are the victim of a personal injury, there are four things your personal injury lawyer must do right away to preserve your claim:

• Promptly investigate the accident
• Insure availability of thorough medical treatment
• Preserve evidence
• Commence a potential lawsuit prior to the expiration of the statute of limitations

A court of law may be used to file a lawsuit to force the responsible party to compensate for damages, physical or otherwise from these injuries. Non-physical damages may include:

• Medical costs
• Rehabilitation therapy
• Loss of financial support
• Pain and suffering
• Punitive damages
• Wrongful Death

In the case of wrongful death damages may include:

• Medical
• Hospital
• Funeral
• Burial expenses

Compensation for the decedent's pain and suffering, during any period of consciousness between the time of injury and death;
Losses suffered by the decedent's spouse, children, or next of kin, including:

• loss of financial support
• loss of service
• loss of gifts or other valuable gratuities
• loss of parental training and guidance
• loss of society and companionship

We will take all these aspects into account in determining an acceptable award for you and your loved ones.

Posted on: November 21, 2008 | Category: Personal Injury | By:

We Stand Up for the Little Guy

A client was escorted into our office by his wife. He could hardly stand on his own two feet.  He could barely walk from the waiting room into the conference room without holding onto his wife with one hand and grabbing onto the wall of the hallway with the other. Two little girls ages 4 and 6 walked in front of the couple into our conference room. Our client sat at the conference table and slammed his fist down and shouted, “SOMETHING MUST BE DONE”! Tears began streaming down his face as he began telling us how he has devoted his life to working in the refineries, and specifically this one in particular, how his father and brothers all worked in refineries, and how their father’s father and brothers all worked in refineries. It was all he knew how to do, but one day the refinery he worked at became engulfed in flames, and one explosion after another shook the entire refinery. The plant workers were thrown off of their feet. Our client along with hundreds of other refinery workers ran for their lives to escape.

In the process, our client and many others were severely injured. Our client had ruptured two discs in his back. He could hardly walk. He does not have health insurance and the refinery he has worked for since he was 18 years old, has refused to help him get the medical care he needs. This man who has devoted his life to this refinery, and whose family has devoted their lives to this refinery which has turned its back on him and the many others who were injured that horrific day in question.  It was then and there that we realized, WE CANNOT LET ANOTHER COPORATE GIANT TAKE ADVANTAGE OF THE LITTLE GUY!

The Mass Tort Department at D. Miller & Associates, P.L.L.C. was established in order to protect the rights of the "little guy" who has been taken advantage of by large companies and their insurance companies. Our civil justice system was designed to allow EVERYONE, big or small, the opportunity to have disagreements equitably resolved in an orderly and fair manner. Our firm is dedicated and committed to making our clients who were injured at the hands of the corporate giants WHOLE again.
WE STAND UP FOR THE LITTLE GUY!!!

By
Eric Bormaster

Posted on: August 12, 2007 | Category: Mass Torts | By: Edward Smith

Astros Game

A group from the office is all getting together and heading out to the Minute Maid Park after work.

A lot of us are looking forward to this night because it promises to be a ton of fun.  We believe as a group that there is value in spending personal time with one another outside of the office.  Our relationships here grow beyond work and there is a genuine care that permeates through our office.

As for the business side of things, we couldn't be any busier.  We have been blessed and we continue to be blessed that we have been given the opportunity to represent the clients that we do.  Often times it is our clients who provide us with a great percentage of our work through repeat business or referrals.  As always, we believe that a referral from a client is the greatest compliment anyone one can bestow upon our firm.  It only motivates us more to continue with the extraordinary effort that we put into representing each one of our clients.

Check back later as we will post pictures from our night at the ballpark!
 

Ramesh Raghuthaman

♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦

It is that time again for another edition of the D.Miller & Associates PLLC blog. The last time we posted a blog on the site I made mention of our firm outing to the Astros game. The baseball game was a smashing success. Please take a look at the pictures that are posted below

August has been a busy month for us. Our litigation department has been moving forward and has received some very favorable verdicts. We are very proud of the work that Ryan Bormaster, Caroline Smith, and Stephanie Ruben have done. This firm would not be where we are without them.

As we continue to push forward we encourage all of you to take a look at our site and browse through. The website has a variety of features that you will find interesting and helpful. As you do this, please remember that the people of D.Miller & Associates PLLC are only a phone call away.

Until next time.

Ramesh Raghuthaman

Posted on: August 12, 2007 | Category: Our Office | By: Edward Smith