Criminal Law FAQ – Musick & Musick LLP | Houston Criminal Defense Lawyers

1. What do I look for in hiring an attorney?

Most importantly, you need a lawyer with experience in the area of law where your problem exists. For example, when facing criminal or juvenile charges, you need a lawyer experienced in criminal and juvenile law. Not all lawyers are experienced in these areas. These are specialized areas of law that follow different rules and procedures. You need a criminal defense attorney who understands your case and is able to effectively protect your rights.

At Musick & Musick, LLP, our Houston criminal lawyers are experienced in both criminal and juvenile law. Our lawyers are former Harris County Prosecutors and experienced Criminal Defense Attorneys. They have handled thousands of cases and successfully tried hundreds of cases to jury verdicts.

Legal fees are also an important factor in choosing your lawyer, but do you really want the cheapest criminal defense attorney when your freedom and liberty are on the line? The old adage you get what you pay for is certainly true when it comes to legal fees. Quality representation is what you should seek to find, but that representation should come at a fair price.

At Musick & Musick, LLP, we strive to provide each client with the highest quality of representation at a reasonable cost.

2. I’ve been charged with a crime, what do I do now?

It is very important that you consult with a criminal defense lawyer as quickly as possible. You have key constitutional rights that need to be protected. Depending on the type of case, legal motions and requests may need to be filed immediately.

If you have not yet posted bond, you need an attorney to review your case and determine whether or not your bond can be lowered, thereby saving you hundreds of dollars in bonding fees. This is a critical time to consult a criminal defense attorney, otherwise you could end up being arrested on the warrant and end up spending more time in jail waiting to bond out (or spending more money by getting arrested while driving and then having your car towed and stored, incurring additional expenses). **If you need more information regarding bonds, please view our Bond and Jail Information page.

If you have posted bond, or if you have a loved-one in jail who is unable to bond out, your attorney needs to begin working on preserving critical evidence that may aid in your defense.

3. What happens when I go to court?

Your first court setting is usually called the “arraignment.” Historically, this is when the court will tell you what you are charged with and the range of punishment for that offense. Some judges, especially in Harris County, forego the formality of an arraignment. In those courts, your attorney will simply give you that information.

This is also an opportunity for your lawyer to gather information about your case by reviewing the District Attorney’s file. In Harris County, the District Attorney has an open file policy, allowing defense attorneys to view the police report and other evidence associated with your case. Also, at this time, the District Attorney may make a plea offer in an attempt to “plea-bargain” the case and avoid a trial.

Often times, this setting will result in a reset of your case to a future date. This is usually necessary so that your attorney can gather additional information, talk to witnesses, and test the state’s case and evidence. Your attorney will be able to advise you on whether or not you should reset your case. At Musick & Musick, LLP, we strive to complete your case with as few number of court appearances as necessary, without sacrificing your rights.

4. What is going to happen to me if I’m found guilty?

That depends upon the offense. Sometimes your criminal defense attorney will be able to “plea-bargain” for a lesser charge or a lesser sentence. The range of punishment ultimately depends upon the conviction offense. The following list gives the range of punishment by class of offense:

Class C misdemeanor (tickets): fine only, amounts vary by offense
Class B misdemeanor: up to 180 days in jail and/or up to $2,000 fine
Class A misdemeanor: up to one year in jail and/or up to $4,000 fine
State Jail felony: minimum 6 months in state jail, maximum 2 years in state jail, without credit for “good time”, and up to $5,000 fine
3rd degree felony: minimum 2 years in prison, maximum 10 years in prison and up to $10,000 fine
2nd degree felony: minimum 2 years in prison, maximum 20 years in prison and up to $10,000 fine
1st degree felony: minimum 5 years in prison, maximum 99 years or life in prison and up to $10,000 fine

**Note: This list serves as only a baseline for punishment — certain enhancements (prior criminal history or aggravating circumstances) can increase the punishment range by increasing the minimum time, the maximum time, or both. And, some clients will qualify for probated sentences or deferred adjudication in lieu of jail/prison sentences.

Because the punishment range depends upon the conviction, this is where an experienced lawyer can help. As experienced Houston criminal lawyers, Musick & Musick, LLP will work towards the best possible outcome, which might include a dismissal or a plea to a lesser charge which means a lesser sentence.

5. What is the difference between probation and deferred adjudication?

Probation refers to “community supervision.” In a probation case, the defendant is found guilty (i.e. convicted) and sentenced to a period of time in jail or prison; however, the jail time or prison time is “probated” or suspended, meaning put on hold. Probation time can range from 6 months on a misdemeanor to 10 years on a felony. During the probation period, the defendant meets with a probation officer and is monitored closely to ensure compliance. Some of the rules of probation include: commit no offenses, perform community service hours, pay a fine, pay court costs, not use drugs or alcohol, provide random urine tests, attend counseling or therapy, work faithfully or attend school full-time. Other rules often apply but are based on the particular offense. And, for any probation, the judge may order some jail time as a condition of the probation. At the end of the probation term, if the defendant is successful on probation, the judge will release the defendant from probation; however, if the defendant violates probation, he is subject to being sentenced to jail or prison for the period of time originally assessed. Probation gives a defendant the opportunity to stay out of jail or prison and be a productive member of society.

Deferred Adjudication refers to a form of community supervision wherein there is no finding of guilt and no conviction, so long as the period of supervision is successfully completed. For practical purposes, it is the same as being on probation, with the same conditions listed above. HOWEVER, the difference is the judge “defers” the finding of guilt — the judge applies a wait and see philosophy. If the supervision is successfully completed, there is no finding of guilt and no conviction. But, if the defendant violates the supervision, the judge can find the defendant guilty and sentence him accordingly — a conviction. Because a successful deferred adjudication is not a conviction, in most cases it cannot be used against the defendant in the future to enhance punishment. The current law even allows most deferred adjudications to be “sealed” as a non-public record after a certain period of time. This is an important advantage because once the record is sealed (or made non-public) the defendant can deny the arrest, charge, and period of supervision — it need not be disclosed.

Consult your criminal defense attorney to find out if deferred adjudication or probation are applicable to your case and if you should consider them as an alternative to a final conviction. While it sounds good, it is not always the best alternative!

6. There is a warrant for my arrest, what should I do?

Contact a criminal defense attorney as quickly as possible. Your attorney may be able to assist in getting a bond set for you or getting the court to reduce the amount of bond in your case. This can save you hundreds of dollars in bonding fees. Also, your attorney will be involved from the very beginning to safeguard and protect your rights. In some cases, your attorney will be able to prevent your incarceration by working with a bonding company to post a “no-arrest” bond. See our Bond and Jail Information page for more information.

7. What if my case is set at “no bond”?

Again, contact a criminal defense lawyer as quickly as possible. Your attorney will be able to assist you in getting a bond in almost all cases. Your attorney will appear with you in court and request a bond as you surrender to the court. You should also have a bonding company accompany us to court to post your bond as you are surrendered to the court. See our Bond and Jail Information page for more information.

8. The police did not read me my rights; will my case be dismissed?

Most likely, no. These “rights” are referred to as Miranda rights, coming from a Supreme Court case Miranda v. Arizona. The Supreme Court stated that police must inform suspects of their rights prior to interrogating or questioning a suspect in custody (that familiar phrase: “you have the right to remain silent; anything you say can and probably will be used against you at your trial; you have the right to have a lawyer present prior to and during any questioning; if you cannot afford a lawyer, one will be appointed for you; and you have the right to terminate the interview at any time”).

When the police fail to read your rights, the effect is simply that your answers to questions made by the police while you were in custody are suppressible. This is where it is important to hire an experienced criminal defense attorney who can deal with the suppression issues. At Musick & Musick, LLP our Houston criminal lawyers have dealt with both adult statements and juvenile statements and have been successful in suppressing both, sometimes resulting in a dismissal. Whether or not your case will be dismissed depends upon the other evidence available to the prosecution.