Criminal Defense FAQ's

Common Questions & Answers You May Have About Your Criminal Case in Texas

At Murphy & McKinney Law Firm, P.C., we understand that you probably have lots of questions if you have been charged with a criminal offense, especially if it is your first time. We have handled thousands of cases, and we understand deeply how troubling this time may be for you. We want to make the process as smooth as possible, and to do so, we address a few questions that you may have from the outset of your arrest. Below are some of the most common questions we receive. For answers to more complex or specific questions, feel free to contact our office at 713-229-8333.

If I Am Arrested in Texas, Do I Have to Speak to the Police?

If you have been arrested, it is always advised that you do not answer any questions posed by the police or engage in their attempts for conversation to elicit information from you. You have the right to hire an attorney and have the attorney present with you if or when you speak to the police. Police officers can be intimidating, and they may manipulate you into speaking to them to divulge information, but you should keep your wits about you and ignore their attempts. You have a right to remain silent, and this silence will benefit you in the long run by helping your attorney strategize the best outcome for your case.

Invoke your right to remain silent and to contact an attorney as soon as you know you have been or will be charged with an offense.

Do I Need to Hire a Criminal Defense Lawyer in Houston if I Plan to Plead Guilty?

No, the law does not require you to have a criminal defense lawyer, but you should consult one. Would you play poker with your hard-earned money if you don't know how to play poker? If not, why would you take that gamble with your freedom? An experienced, Board Certified Texas criminal defense lawyer can review your case and help you make sure you are making the right decisions for yourself and your future. Generally speaking, it is never in your best interests to plead guilty, regardless of what you may think or how much evidence you believe is stacked against you. With an experienced, aggressive attorney who is known to get results, you stand a chance at a minimum to have the charges reduced, but your best scenario will be the dismissal of any and all charges. The latter cannot be achieved if you plead guilty.

There is more to a finding of guilt than what you might think; all offenses require the State to provide proof beyond all reasonable doubt that you committed the offense, and this is proven by satisfying all elements of the offense. An experienced attorney will break down those elements and invoke doubt to weaken the State's case against you. Because your freedom and your future are both at stake, pleading guilty is rarely your best option. Hiring an experienced Houston Board Certified criminal defense lawyer is always your best option.

What Are the Steps in a Criminal Procedure?

Depending on the unique circumstances of your case, a criminal procedure can be short or rather lengthy. The general steps of the process include the booking, arraignment, bail, preliminary hearing, trial, sentencing, fine/probation/jail, and/or an appeal. Each of these steps is reviewed in brief below.

Booking

A booking is the official process to take down and record your personal information—your name, address, telephone number—and the offense with which you have been charged. The booking is also when your photograph and fingerprints are taken.

Arraignment

An arraignment takes place in court, and you are officially informed of the charges brought against you. You may also be provided with a copy of the police report, and a police officer, prosecutor, or grand jury may inform you of the accusations leveled against you. It is during the arraignment, too, after you have been advised of the charges and accusations made against you, that you plead guilty, not guilty, or no contest. If you enter a not guilty plea, then a trial date will be set.

Bail

Depending on the nature of your case, you may be detained and placed in jail after the arraignment, and you may have to stay there until trial. Bail, however, allows you to "be free" while you await the trial. The court will set bail, and then you or a loved one must post bail. Basically, bail is money that you pay to the court as a means to guarantee you will not run but will show up for court when required. If you follow the rules accordingly, your bail will be refunded, but if you don't, the court will keep the bail money and likely issue a warrant for your arrest.

The bail schedule can be found online, but the general bail schedules for Harris County criminal courts are summarized below. This is generally what you can expect, although facts and criminal history may lead to different bonds.

Misdemeanor Bail Schedule

District Court

Bond is not available for many offenses or circumstances, some of which include the following:

• All capital felonies
• Habitual offenders
• Person on felony probation for any grade of felony
• Motion to Revoke Probation

To note, the amounts set out in these schedules are flexible. A judge can either increase or decrease bail, depending on compelling arguments presented by the Prosecutor and/or your defense attorney. Special consideration is often given if you have a job and/or family responsibilities.

Preliminary Hearing

The preliminary hearing is an important hearing; the prosecutor who brought the charges against you must present his or her case. The judge will determine if there is enough evidence to prove that a crime was committed and that you committed that same crime.

Trial

Trial involves opening statements by the defense attorney and the prosecutor. After opening statements are made, witnesses are questioned, and evidence is presented. Then closing statements are provided by the defense attorney and the prosecutor. The judge provides jury instructions, and upon deliberation, the jury will announce its verdict: guilty, guilty of a less serious or related offense, or not guilty.

Sentencing

If you were found guilty at trial or if you had initially entered a guilty plea prior to trial, a sentencing hearing will be set. At the hearing, the judge will read the sentence, which could include, among other conditions or terms, jail time and/or a fine.

Probation

If you were offered probation, then your jail sentence will be suspended, and you will be released back into the community. Your release is conditioned by the terms of your probation. You will be under the supervision of a probation officer for a specified period of time. If you violate any of the terms of your probation during this time, you could be sent to jail.

Appeal

Your due process does not stop upon conviction of a crime. If your attorney and you believe that there was either improper procedure conducted at trial or if you have acquired new evidence, then your attorney can appeal the sentence, which commences an appellate proceeding.

Will My Case Go to Trial?

The chances of your case going to trial depend greatly on the specifics of your case. There is no way to determine in advance if a case will go to trial. An attorney must review the available evidence and determine what the best strategy is for you under your unique circumstances.

That said, if you have charges filed against you and you neither enter a plea of guilty nor successfully challenge the case to have it dismissed prior to trial, then your case will likely go to trial. An experienced attorney, however, will negotiate with the prosecutor to persuade the prosecutor that your case is not worth the expense of trial. Your attorney will work to have the case dismissed, and if not, then they will work towards a plea agreement that benefits you ultimately and dissolves the need for a trial.

What Types of Crimes Does Murphy & McKinney Law Firm, P.C. Handle?

At Murphy & McKinney Law Firm, P.C., we handle a variety of criminal cases. Doug Murphy is a Board Certified criminal defense and Board Certified DWI attorney who is nationally renowned for his work in DWI and DWI-related cases, Doug Murphy also handles the following criminal cases:

• Drug Possession
• White Collar Crime
• Assault Crimes
• Domestic Violence
• Prostitution & Solicitation
• Homicide
• Vehicular Manslaughter
• Criminally Negligent Homicide
• Hit & Run FSRA
• Hit & Run FSGI
• Texting & Driving
• Disorderly Conduct
• Resisting Arrest
• Unlawful Carrying of a Weapon
• Among other criminal matters.

If you have been charged with a crime, regardless if it is your first or subsequent offense, Doug Murphy can help you.

Contact Our Houston, Texas Board Certified Criminal Defense Lawyer

At Murphy & McKinney Law Firm, P.C., our resources and capabilities are provided to uphold and protect our clients' rights. We have decades of proven experience and a reputation earned in the courtroom for successful results. Attorney Doug Murphy is a Board Certified criminal defense lawyer and a Board Certified DWI lawyer who who aggressively represents his clients and teaches other attorneys how to successfully defend the rights of their clients, too. If you have been charged with a crime, regardless of whether it is your first or subsequent offense, contact Doug Murphy online or at 713-229-8333 today. He will discuss the circumstances of your case with you and advise you how to proceed.