CRIMINAL DEFENSE
Georgetown Texas, Attorneys

When a person is charged with a crime in the U.S., that person has the right to defend themselves. Typically this is achieved by hiring a criminal defense attorney. A criminal defense lawyer has the responsibility of representing people who have been charged with committing a crime.

If you or a friend or loved one has been accused with committing a crime here in Williamson County, Texas, you should hire the best attorney that you possibly can. This is true because on the one hand the legal system does not leave much room for mistakes on the part of the accused. On the other hand the gravity of the situation requires that the person who has been arrested carefully navigate through the complicated legal system. Unfortunately, in this day and age this is virtually impossible, however with the help of a competent attorney there is hope.

At the Law Offices of Mark Morales and Associates, P.C. we specialize in guiding you through the legal system in such a way as to maximize the positive results that you can achieve in your case. Our experience and proven track record avails our clients with the highest caliber legal representation possible.

We maintain flexible office hours and respond promptly to telephone calls in order to keep our clients personally informed about the status of their case. For further information about the Law Offices of Mark Morales and Associates, P.C., you can call us at (512) 930-5511 or you can use the form to the right to request a consultation.

 

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You have the right to remain silent

You have the right to remain silent

It cannot be emphasized enough that in the United States, a person gives up Fourth and Fifth Amendment rights the moment they begin cooperating with police in any way prior to arrest. These rights technically cannot be reclaimed after an arrest has been made and Miranda rights have been read. this is true because police do not have to advise a person of his/her rights until after he/she incriminates themselves and/or are arrested. In other words, if the person cooperates prior to being arrested, then they have surrendered most of the rights of which the police are advising that arrestee when they are reading them their Miranda rights.

Here is an excerpt from Wikipedia that helps to illustrate this point: "In the U.S., the only way for one to protect one's rights fully is to refuse answering any questions beyond giving one's name and identifying papers if requested and to refuse giving consent to anything (such as a search) prior to one's arrest. Law enforcement officials in the United States rely heavily upon the subtle intimidation of their position and power and the ignorance of citizens to their rights in order to make people incriminate themselves. Police do not have to tell civilians the truth on any subject. They can make any promises and claims they like in order to induce a person to incriminate herself or himself or to allow the police to perform a search, and police are not bound by anything they promise to suspects or witnesses (i.e. promises of aid or protection).United States citizens must know their rights in order to avoid losing them by inadvertently giving them away." - Taken from: Wikipedia "Right to Silence"

In other words the rights guaranteed by the Fourth and Fifth Amendment are not automatically invoked by the accused. In fact the opposite is true. If a person does not actively invoke their rights then their rights are automatically surrendered. This is why it is imperative that anyone who is arrested or accused of a crime should exercise their right to remain silent! Thankfully, not answering any questions asked by the police is not considered incriminating in and of itself in the U.S. legal system. Therefore, a person who finds themselves arrested and/or accused of a crime in the U.S. should answer any police questions with a polite request for an attorney. When interrogated simply and politely say "I would like to speak with a lawyer" and contact a criminal defense attorney as soon as it is possible.

This advice may sound counter-intuitive. Especially since we are taught all of our lives that the police exist to protect and serve us. Against these long established beliefs of police benevolence it is important to remember what are trained to do with people they arrest or accuse of a crime. Police officers are trained to investigate and gather evidence to build a case against the people they arrest or accuse of a crime. If you are arrested the police are not trained to be your priest, pastor, personal coach, or counselor. In short, if you are under arrest the police are not your friend.

Further compounding this issue is the fact that police officers are not infallible. They are flesh and blood human beings who make mistakes just like the rest of us. As such it is all too common for the police to bend the rules and take certain statements out of context in order to gain the upper hand and get a conviction. The police know that most people willingly provide them with the evidence needed for a conviction through confessions and statements taken during the interrogation process. It is for this reasons that while it is always a good idea to have a respectful attitude when dealing with the police, it is equally important to answer any questions they have in a controlled setting with access to competent legal advice.

After all, the State of Texas and United States Attorney's Office take advantage of their huge budget by being able to have access to a large staff of lawyers, police officers, and crime lab experts to help prosecute their cases. This means that it is highly unlikely that a person who is accused of a crime will be able to challenge the government's case without competent legal representation. Without an attorney the jury will more often than not accept whatever evidence the prosecutor produces.

At the Law Offices of Mark Morales and Associates, we take our responsibility as criminal defense attorneys seriously. If you hire us to represent us we will be available to help you 24 hours a day. You will be given regular updates on your case. We will work hard and help to level the playing field against the vast resources of the government. Our proven track record of successes in the criminal courts assures that you will have a powerful ally to defend you. Call us, we can help.

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The 9 Stages of a Criminal Case

Provisions in both state and federal statutes assure that persons accused of a crime will have to go through the following 9 stages of a criminal case:

1. Arrest - This is the first stage of any criminal case. This typically entails a police officer taking an individual suspected of or seen committing a crime into custody.

2. Booking & Bail -Once the individual is taken into custody, they will be processed, fingerprinted, and placed in a holding cell. In most circumstances a magistrate will set a bail amount. If the person can pay this amount then they are released with the obligation to show up for any subsequent court dates. If they cannot "make bail" then they will remain in custody until their trial.

3. Arraignment - During the arraignment, the defendant appears in court and is read the crime(s) that they have been charged with. At this point they must enter a plea of guilty, not guilty, or no contest before the court.

4. Plea Bargain - During this stage of a criminal case, a defendant has the option of making a deal with the prosecution by pleading a certain way in exchange for a lesser or reduced sentence.

5. Preliminary Hearing - In some cases the plea bargain stage leads straight to the pre-trial motions stage. However, in many cases the preliminary hearing stage is needed in order to determine whether there is enough evidence to proceed with a trial. It is also decided at this stage what specific evidence will be admitted in the trail.

6. Pre-Trial Motions - This stage resolves any issues that the prosecution and defense may have up to this stage in the process.

7. Trial - During this stage either the state prosecutor or the plaintiff must provide ample evidence to either a judge or a jury that the defendant committed the crime that they are being accused of. There stages of a trial including the following:

a. Choosing of a jury
b. Opening statements by both parties
c. testimony by witnesses,
d. cross-examination,
e. closing arguments by parties,
f. jury deliberation, and
g. verdict.

8. Sentencing - If a person is found guilty during the trial stage then they will be sentenced by the court.

9. Appeals - After the trial and sentencing stages are completed, an attorney may file a petition for appeal on behalf of their client. This petition sets into motion a possible review of the trial by a higher court and in a few instances may even result in a reduced sentence or a reversal of verdict.

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Know Your Rights!

The Right to Counsel - The Sixth Amendment of the US Constitution guarantees the right to an attorney to anyone facing federal criminal charges. The 14th Amendment and some state constitutions also afford this right to anyone facing state felony charges. Those who are indigent and cannot afford an attorney have the right to have one appointed to them for free. Most people, however, do not understand what the right to an attorney means, when this right attaches or who qualifies for a court-appointed lawyer.
If you are accused of a serious crime, it is essential that you retain the services of an experienced criminal defense lawyer to fight for your legal and constitutional rights throughout the criminal justice process.

Federal and State Law - The right to counsel is a fundamental right of criminal defendants guaranteed by the US Constitution. Many states also include this right in their constitutions, and some states provide a broader scope of the right to counsel than the federal constitution. However, defendants facing state felony charges are still entitled to counsel, even if the state constitution does not provide such a right, under the federal constitution via the 14th Amendment.

Attachment of the Right - Criminal defendants are afforded the right to an attorney throughout every critical stage of a criminal proceeding once the right has "attached." Under federal rules, the defendant's right attaches once "adversary judicial proceedings" have been initiated against the defendant. This includes when the defendant has been charged with or indicted for a crime and during a preliminary hearing, information and arraignment.

Thus, for the right to attach, the defendant must have been charged with a crime. It does not attach if the individual is merely suspected of committing a crime. It does not attach during the investigative stage prior to the filing of actual, formal charges — even if the individual is the only suspect. An arrest, without formal charges, also does not trigger the right to an attorney. This does not mean, however, that an individual being investigated for a crime cannot hire an attorney on his or her own.

Once the right has attached, the state cannot interfere with the defendant's right to seek counsel and has a duty to ensure the defendant's right is honored. The right is not available in civil or administrative proceedings or during license suspension or revocation hearings.

Appointed Counsel - In order for a criminal defendant to receive a court-appointed lawyer, the defendant cannot merely be unable to afford the representation of an attorney of his or her choosing, but must meet the definition of an indigent. The trial court has the authority to determine whether a defendant is indigent. Some jurisdictions have guidelines based on income that allow individuals meeting the criteria to be presumed indigent. Other jurisdictions, however, do not have any guidelines and must make the determination on a case-by-case basis.

In those states that determine indigence on a case-by-case basis, the court must look at the defendant's total financial circumstances, including his or her income, assets, debts and other financial obligations before deciding if the defendant can afford to pay for an attorney. Thus, just because a defendant is unemployed does not guarantee he or she will be appointed counsel.

Defendants receiving court-appointed attorneys do not have the right to have an attorney of their choosing. If the court finds that the defendant is indigent, the court will assign a public defender to the defendant. The right to appointed counsel only extends to the trial and the first appeal of the trial court's judgment.

Waiving the Right to an Attorney - Just as all criminal defendants have the right to an attorney, they also have the right to self-representation and can waive the right to an attorney. In order to waive this important right, criminal defendants must be able to prove to the judge that they are competent (have the mental capacity) to waive this right and that their waiver is knowing, intelligent and voluntary. The judge must make sure that the criminal defendant understands the disadvantages of self-representation before allowing the waiver.

Defendants considering representing themselves in a criminal trial should carefully consider the consequences of this action. Criminal defense attorneys have years of training and understand the intricate, and often confusing, workings of the law and criminal justice system. Given the complexities of criminal procedure and, more importantly, the severe consequences a criminal conviction carries, a criminal defense attorney is best suited to protect defendants' legal rights and help them achieve the best possible outcome.

Conclusion - If you or a loved one has been arrested for a criminal offense, you have the right to an attorney. It is important to begin working with an attorney as soon as possible in the process, even if you have not been formally charged with a crime. To learn more about your legal rights, contact an experienced criminal defense attorney today.

Copyright ©2009 FindLaw, a Thomson Business

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Have you been Mirandized?

In 1966 the Supreme Court issued its decision in the
landmark case Miranda v. Arizona, holding that the Fifth Amendment right against self-incrimination is not limited to courtroom testimony. The Court came to the conclusion that the right against self-incrimination also extends to suspects
is taken into police custody for questioning. Since that time police have been required to read the following statement to the people they arrest informing them of their right to remain silent:

"You have the right to remain silent. Anything you say can and will be used against you in a court of law.  You have the right to be speak to an attorney, and to have an attorney present during any questioning.  If you cannot afford a lawyer, one will be provided for you at government expense."

The Constitution reserves many rights for those suspected of crime. One of the fears of the Framers was that the government could act however it wished by simply saying an individual was a suspected criminal. Many of the rights in the Constitution and the Bill of Rights, such as habeas corpus, the right to remain silent, and the right to an attorney, are designed to ensure that those accused of a crime are assured of those rights.

Police were able to take advantage of the fact that not everyone knows their rights by heart. In fact, it is likely that most citizens could name a few of their rights as accused criminals, but not all of them. The police's position was that if the accused, for example, spoke about a crime without knowing that they did not need to, that it was the person's fault for not invoking that right, even if they did not know, or did not remember, that they had that right.

This was the crux of the issue in Miranda v Arizona. In 1963, Ernesto Miranda was accused of kidnapping and raping an 18-year-old, mildly retarded woman. He was brought in for questioning, and confessed to the crime. He was not told that he did not have to speak or that he could have a lawyer present. At trial, Miranda's lawyer tried to get the confession thrown out, but the motion was denied. In 1966, the case came in front of the Supreme Court. The Court ruled that the statements made to the police could not be used as evidence, since Miranda had not been advised of his rights.

Since then, before any pertinent questioning of a suspect is done, the police have been required to recite the Miranda warning. The statement, reproduced below, exists in several forms, but all have the key elements: the right to remain silent and the right to an attorney. These are also often referred to as the "Miranda rights." When you have been read your rights, you are said to have been "Mirandized."

Note that one need not be Mirandized to be arrested. There is a difference between being arrested and being questioned. Also, basic questions, such as name, address, and Social Security number do not need to be covered by a Miranda warning. The police also need not Mirandize someone who is not a suspect in a crime.

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