ATTORNEY BARRY RENO; KNOW YOUR RIGHTS
KNOW YOUR RIGHTS
If you are charged with a crime in Dallas County, one of the most important things you can do is to know your legal rights. One source of your legal rights is the Constitution of the United States. Another source is the Constitution of the State of Texas. A third source is the Texas Code of Criminal Procedure. Just because you are charged with a crime does not mean that you are guilty of that crime. You are presumed innocent. This is very important for you to understand.
I have been arrested and charged with a crime. What happens next?
The answer is simple. If you have not hired an attorney then do so quickly. You need to protect the bond you have posted. You need to make sure you don’t miss any court dates. You need to make sure you do not give away any important rights. The best way to protect yourself is to hire an attorney.
TIP: Remember, whatever you tell your lawyer about your case is confidential. The lawyer cannot reveal any information about your case to anyone without your permission
What are the basic rights of a person who has been accused of a crime?
There are some important rights, but some rights stand out:
You have the right to remain silent. This means that you do not answer questions asked of you by law enforcement officers. If you do make a statement, then that statement can and probably will be used against you.
You have the right to hire an attorney. You have the right to have your attorney present during questioning. If you are indigent, you have the right to request a court-appointed attorney.
You have the right to know the exact charges against you.
What are the different levels of criminal offenses in Texas and the ranges of punishment?
Class C Misdemeanor: No confinement. A fine not to exceed $500 (up to 180 days of deferred disposition).
Class B Misdemeanor: Confinement up to 180 days in county jail; and/or a fine up to $2,000. Probation available.
Class A Misdemeanor: Confinement not to exceed 1 year in county jail; and/or a fine up to $4,000. Probation available.
State Jail Felony: Confinement from 180 days to 2 years to 10 years in prison; and a fine up to $10,000. Probation available.
Third Degree Felony: Confinement from 2 years to 20 years in prison; and a fine up to $10,000. Probation available.
Second Degree Felony. Confinement for life or from 5 years to 99 years in prison; and a fine up to $10,000. Probation available.
First Degree Felony. Confinement for life or from 5 years to 99 years in prison; and a fine up to $10,000. Probation available.
Capitol Felony. Death or life imprisonment. No probation.
TIP: Get a copy of the indictment or information in tour case. Review this indictment or information carefully and make sure you understand it. Understand the level of the offense and the range of punishment.
Who are the important people involved in my case?
District Attorney: sometimes called Prosecutor. The District Attorney prosecutes the cases for the State. Most of the time the Prosecutor’s case is handled by and Assistant District Attorney.
Defense Attorney: represents you.
Grand Jury Members: a body of 12 citizens of Dallas County who oversee felony cases.
District Judge: One of 13 elected judges in Dallas who oversee misdemeanor cases.
Probation Officer: conduct the pre-sentence report before sentencing and serves as your probation officer.
Court Coordinator: supervises the court settings in each case.
TIP: Whenever you appear before any official always treat then with the courtesy and respect that they deserve. Dress appropriately and it is strongly suggested that anyone appearing before a judge do so with their attorney.
I have been charged. What next?
Step One: Generally a crime has been committed and a person is arrested.
Step Two: The police agency involved will contact the Dallas County District Attorney. The District Attorney accepts the case. If the case is a misdemeanor, a document known as a “criminal information” will be filed with one of the Criminal District Courts at Law and a court date will be set. If the District Attorney processes the case as a felony, then the case will be referred to the grand jury. A date will be set before the Grand Jury. They will indict the accused and the case will continue, or, they will “no bill” the case which means the case is over.
Step Three: After the indictment or misdemeanor information is filed with a court, an initial appearance is set. This initial appearance is sometimes called arraignment. At this initial appearance the Defendant can find out exactly the criminal charges he faces. He may also request a court appointed attorney.
Step Four: Plea Bargain time. After the initial court hearing, the case is passed several times during which time the defense attorney and the DA attempt to work out a plea bargain.
Step Five: If the defendant accepts the plea bargain he enters a plea of guilty or no contest. He will then be placed on probation or sentenced to jail.
Step Six: If a plea of not guilty is entered, the case goes to trial where a judge or jury will make a determination of guilt of innocence. If found guilty at trial, the judge or jury will make a determination as to the amount and type of punishment.
Step Seven: Appeal: If found guilty at trial the defendant may desire to appeal the decision to a higher court.
I believe I am guilty and need my attorney to plea bargain with the State. What is a plea bargain and how does it work?
A plea bargain is an agreement between the State and the Defendant in which the Defendant enters a plea if guilty or no contest to charges for the State’s recommendation of a certain sentence. A higher percentage of cases are disposed of in this manner.
In negotiations between the State and the defendant’s attorney great attention s paid to the facts of the case and the criminal history of the Defendant.
In Felony cases, the Probation Department generally prepares a pre-sentencing report for the judges to r view prior to sentencing.
Defendant’s usually waive their rights to appeal if the plea bargain is approved by the judge.
TIP: Judges normally accept the plea bargain negotiated in each case. If the plea bargain is rejected the Defendant is generally allowed to withdraw the plea of guilty or no contest. Before entering your plea, make sure you understand the conditions of probation.
My attorney negotiated a plea bargain which I will accept but I am required to submit to a PSI with the Probation Department. What is a PSI?
PSI stands for Pre Sentence Investigation. The investigation is conducted by the probation department and they investigate your background. The probation department will look at your age, criminal history, education, employment and family relationships. Importantly, they will also assess your attitude toward the crime in which you are pleading guilty and make a recommendation concerning your ability so serve a term of probation.
TIP: Be prepared. Be on time to an appointment. Dress appropriately. Be respectful to the probation officer. Be prepared to give a statement concerning your version of the facts of the case. Consult with your attorney prior to the PSI interview. This is a very important step in your case. The PSI interview is reviewed by the judge prior to sentencing.
What is Deferred Adjudication?
After the Defendant enters a plea of guilty or no contest, the judge may defer proceedings without entering a judgment of conviction. The defendant is placed on probation for a period of time. If the Defendant successfully completes probation, the judge must dismiss the case without entering a judgment of conviction.
TIP:If you are offered deferred adjudication or seek deferred adjudication, make sure you clearly understand the consequences of what you are doing. Ask your attorney to explain the consequences. Find out what happens if you violate a term of probation. Can the judge sentence you to jail, and, if he can, for how long? Find out if the case is still on your record if you accept deferred adjudication. Find out if you can have our record sealed.
When a person is placed on probation, what are the general terms or conditions of that probation?
Probation is anther word for Community supervision. Instead of going to jail you are released into the community to be supervised by a Probation Officer. Some of the conditions generally imposed are as follows:
1. Do not commit any more criminal offenses
2. Avoid drug or alcohol abuse
3. Stay away from people of bad character
4. Report to the Probation Officer
5. Permit visits by the Probation Officer into your home
6. Find and keep a job
7. Stay in Dallas County
8. Pay court cost, fines and restitution
9. Support dependants
10. Perform community service work
11. Submit to drug and alcohol testing as required
12. Attend counseling sessions for drug and alcohol dependence and/or
Anger management classes
13. Make payment to Crime Stoppers
TIP: Certain types of crimes may require special conditions. If you are a sex offender you may be required to provide a DNA sample or register as a sex offender. DWI defendants may be ordered to have an interlock device on their car. You may be ordered to do jail time as a condition of probation. REMEMBER, lake sure you clearly understand what you will be required to do. Probation may keep you out of jail, but violating a condition of probation can have serious consequences. You must be dedicated to survive on Probation
If you are charged with a crime in Dallas County, one of the most important things you can do is to know your legal rights. One source of your legal rights is the Constitution of the United States. Another source is the Constitution of the State of Texas. A third source is the Texas Code of Criminal Procedure. Just because you are charged with a crime does not mean that you are guilty of that crime. You are presumed innocent. This is very important for you to understand.
I have been arrested and charged with a crime. What happens next?
The answer is simple. If you have not hired an attorney then do so quickly. You need to protect the bond you have posted. You need to make sure you don’t miss any court dates. You need to make sure you do not give away any important rights. The best way to protect yourself is to hire an attorney.
TIP: Remember, whatever you tell your lawyer about your case is confidential. The lawyer cannot reveal any information about your case to anyone without your permission
What are the basic rights of a person who has been accused of a crime?
There are some important rights, but some rights stand out:
You have the right to remain silent. This means that you do not answer questions asked of you by law enforcement officers. If you do make a statement, then that statement can and probably will be used against you.
You have the right to hire an attorney. You have the right to have your attorney present during questioning. If you are indigent, you have the right to request a court-appointed attorney.
You have the right to know the exact charges against you.
What are the different levels of criminal offenses in Texas and the ranges of punishment?
Class C Misdemeanor: No confinement. A fine not to exceed $500 (up to 180 days of deferred disposition).
Class B Misdemeanor: Confinement up to 180 days in county jail; and/or a fine up to $2,000. Probation available.
Class A Misdemeanor: Confinement not to exceed 1 year in county jail; and/or a fine up to $4,000. Probation available.
State Jail Felony: Confinement from 180 days to 2 years to 10 years in prison; and a fine up to $10,000. Probation available.
Third Degree Felony: Confinement from 2 years to 20 years in prison; and a fine up to $10,000. Probation available.
Second Degree Felony. Confinement for life or from 5 years to 99 years in prison; and a fine up to $10,000. Probation available.
First Degree Felony. Confinement for life or from 5 years to 99 years in prison; and a fine up to $10,000. Probation available.
Capitol Felony. Death or life imprisonment. No probation.
TIP: Get a copy of the indictment or information in tour case. Review this indictment or information carefully and make sure you understand it. Understand the level of the offense and the range of punishment.
Who are the important people involved in my case?
District Attorney: sometimes called Prosecutor. The District Attorney prosecutes the cases for the State. Most of the time the Prosecutor’s case is handled by and Assistant District Attorney.
Defense Attorney: represents you.
Grand Jury Members: a body of 12 citizens of Dallas County who oversee felony cases.
District Judge: One of 13 elected judges in Dallas who oversee misdemeanor cases.
Probation Officer: conduct the pre-sentence report before sentencing and serves as your probation officer.
Court Coordinator: supervises the court settings in each case.
TIP: Whenever you appear before any official always treat then with the courtesy and respect that they deserve. Dress appropriately and it is strongly suggested that anyone appearing before a judge do so with their attorney.
I have been charged. What next?
Step One: Generally a crime has been committed and a person is arrested.
Step Two: The police agency involved will contact the Dallas County District Attorney. The District Attorney accepts the case. If the case is a misdemeanor, a document known as a “criminal information” will be filed with one of the Criminal District Courts at Law and a court date will be set. If the District Attorney processes the case as a felony, then the case will be referred to the grand jury. A date will be set before the Grand Jury. They will indict the accused and the case will continue, or, they will “no bill” the case which means the case is over.
Step Three: After the indictment or misdemeanor information is filed with a court, an initial appearance is set. This initial appearance is sometimes called arraignment. At this initial appearance the Defendant can find out exactly the criminal charges he faces. He may also request a court appointed attorney.
Step Four: Plea Bargain time. After the initial court hearing, the case is passed several times during which time the defense attorney and the DA attempt to work out a plea bargain.
Step Five: If the defendant accepts the plea bargain he enters a plea of guilty or no contest. He will then be placed on probation or sentenced to jail.
Step Six: If a plea of not guilty is entered, the case goes to trial where a judge or jury will make a determination of guilt of innocence. If found guilty at trial, the judge or jury will make a determination as to the amount and type of punishment.
Step Seven: Appeal: If found guilty at trial the defendant may desire to appeal the decision to a higher court.
I believe I am guilty and need my attorney to plea bargain with the State. What is a plea bargain and how does it work?
A plea bargain is an agreement between the State and the Defendant in which the Defendant enters a plea if guilty or no contest to charges for the State’s recommendation of a certain sentence. A higher percentage of cases are disposed of in this manner.
In negotiations between the State and the defendant’s attorney great attention s paid to the facts of the case and the criminal history of the Defendant.
In Felony cases, the Probation Department generally prepares a pre-sentencing report for the judges to r view prior to sentencing.
Defendant’s usually waive their rights to appeal if the plea bargain is approved by the judge.
TIP: Judges normally accept the plea bargain negotiated in each case. If the plea bargain is rejected the Defendant is generally allowed to withdraw the plea of guilty or no contest. Before entering your plea, make sure you understand the conditions of probation.
My attorney negotiated a plea bargain which I will accept but I am required to submit to a PSI with the Probation Department. What is a PSI?
PSI stands for Pre Sentence Investigation. The investigation is conducted by the probation department and they investigate your background. The probation department will look at your age, criminal history, education, employment and family relationships. Importantly, they will also assess your attitude toward the crime in which you are pleading guilty and make a recommendation concerning your ability so serve a term of probation.
TIP: Be prepared. Be on time to an appointment. Dress appropriately. Be respectful to the probation officer. Be prepared to give a statement concerning your version of the facts of the case. Consult with your attorney prior to the PSI interview. This is a very important step in your case. The PSI interview is reviewed by the judge prior to sentencing.
What is Deferred Adjudication?
After the Defendant enters a plea of guilty or no contest, the judge may defer proceedings without entering a judgment of conviction. The defendant is placed on probation for a period of time. If the Defendant successfully completes probation, the judge must dismiss the case without entering a judgment of conviction.
TIP:If you are offered deferred adjudication or seek deferred adjudication, make sure you clearly understand the consequences of what you are doing. Ask your attorney to explain the consequences. Find out what happens if you violate a term of probation. Can the judge sentence you to jail, and, if he can, for how long? Find out if the case is still on your record if you accept deferred adjudication. Find out if you can have our record sealed.
When a person is placed on probation, what are the general terms or conditions of that probation?
Probation is anther word for Community supervision. Instead of going to jail you are released into the community to be supervised by a Probation Officer. Some of the conditions generally imposed are as follows:
1. Do not commit any more criminal offenses
2. Avoid drug or alcohol abuse
3. Stay away from people of bad character
4. Report to the Probation Officer
5. Permit visits by the Probation Officer into your home
6. Find and keep a job
7. Stay in Dallas County
8. Pay court cost, fines and restitution
9. Support dependants
10. Perform community service work
11. Submit to drug and alcohol testing as required
12. Attend counseling sessions for drug and alcohol dependence and/or
Anger management classes
13. Make payment to Crime Stoppers
TIP: Certain types of crimes may require special conditions. If you are a sex offender you may be required to provide a DNA sample or register as a sex offender. DWI defendants may be ordered to have an interlock device on their car. You may be ordered to do jail time as a condition of probation. REMEMBER, lake sure you clearly understand what you will be required to do. Probation may keep you out of jail, but violating a condition of probation can have serious consequences. You must be dedicated to survive on Probation
posted by Barry Reno Attorney at 5:19 PM
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