Clint Broden asked:


When a potential client calls our firm and tells us that they are charged with a criminal offense, one the first things we generally ask them is whether they are charged in state or federal court. There have been several instances where we have represented two individuals at the same time who are charged with similar offenses but one has been charged in federal court and one has been charged in state court. Indeed, this has happened several times where we have simultaneously been representing two individuals charged with drug offenses but one is charged in state court and one is charged in federal court. It also happened very recently where we simultaneously represented a defendant charged with a child pornography offense in state court and also represented a defendant (actually he was the spouse of an FBI agent) charged with a child pornography offense in federal court.

The reason that this is such a concern is that, often, the results for the defendants charged in state court are dramatically different than the results for the defendants charged in federal court. Indeed, it is not unusual for a defendant charged with a drug offense or child pornography offense in state court in Dallas County to be placed on probation and a defendant charged with the same or similar offense in federal court to be sentenced to ten year or more in prison.

Why is this? In state court in Texas, regardless of the offense with which a defendant is charged with, he can be placed on some type of community supervision. For example a defendant can commit murder and be placed on community supervision in state court. On the other hand, federal court sentencing is done under a system of guidelines that score a defendant’s offense and criminal history using a grid system. This grid system can lead to very harsh sentences even for first time offenders. Moreover, most drug offenses in federal court require “mandatory minimum” sentences under the federal, drug statutes. I recall one time many years ago representing a client charged with counterfeiting in federal court who faced a two year sentence under the federal sentencing guidelines and his wife bringing me a newspaper article about a murder defendant in state court being placed on probation and me having to explain to her the unfair differences between state court sentencing and federal court sentencing.

The differences result from being charged in state court versus federal court is not only limited to the ultimate sentences imposed.

First, in many Texas counties, a defendant charged in state court can make a presentation to the grand jury in an attempt to convince the grand jury not to indict him in the first place. Such presentations cannot be made to federal grand juries and it is rare that a federal grand jury will refuse a prosecutor’s request to return an indictment.

Second, often the chances of winning a case at trial or having the case dismissed prior to trial in state court can be significantly higher than in federal court. One reason is that the offenses prosecuted in state court are investigated by local police departments who are not nearly as well trained as federal agents who normally investigate the offenses prosecuted in state court. Consequently, sometimes mistakes are made by the local police officers that can be used to a client’s advantage. Likewise, federal prosecutors tend to be more experienced and have more resources than state prosecutors. Another reason that the chances of winning a case in state court can be significantly higher than in federal court, at least in Dallas County, is that state court juries are selected from Dallas County residents only and tend to be lest prosecutorial oriented. On the other hand, federal juries for the federal court that sits in Dallas (the United States District Court for the Northern District of Texas) are chosen from residents of several of the surrounding Texas counties (some over an hour away) including many of the more conservative “law and order” areas. Still another reason that the chances of winning a case in state court can be significantly higher than in federal court is that Texas state law permits the suppression of evidence in more circumstances than federal law.

Third, suppose a defendant receives a ten-year sentence in state court and a different defendant receives a ten-year sentence in federal court. The defendant in state court might be paroled after serving only a couple of years of his sentence. On the other hand, parole has been abolished in the federal system and defendants serve 85 percent of their sentences.

Fourth, in state court, if a defendant enters a plea agreement with the prosecution, he will know exactly the sentence he will receive if the judge accepts the plea and he will often be sentenced on the same day they enter their guilty plea. On the other hand, most plea bargains in federal court require a defendant to plead guilty not knowing the sentence he will ultimately receive and the sentence will not be imposed until two-three months after the defendant enters his guilty plea. A defendant in federal court must rely upon the skill of his defense lawyer to accurately calculate the sentencing guidelines and, even then, the judge might give a harsher sentence than is provided for under the guidelines. Also a defendant in federal court will not be allowed to withdraw his guilty plea if, at the sentencing held a few months later, the sentence is harsher than his lawyer predicted.

Fifth, because the federal system is a lot more complicated, only a small percentage of criminal lawyers can effectively represent a defendant in federal court. Indeed, as we have explained elsewhere, a defendant charged with a crime in federal court must carefully question his lawyer regarding that lawyer’s experience in federal court and should ask the lawyer to give them a print out from the PACER system as to the number of defendants the lawyer has represented in federal court. Selecting a Criminal Defense Lawyer In any event, given the limited supply of criminal lawyers that can effectively represent a defendant in federal court, legal fees tend to be significantly higher for defendants charged with crimes in federal court.

There might be some advantages to being charged in federal court.

First, while this is a gross generalization, federal judges tend to be smarter than their state court counterparts. State court judges in Texas are elected and anybody with a law license is eligible to run. The President of the United States appoints federal judges for life. Thus, if a defendant has a technical legal argument, a federal judge might better receive it. Likewise, a federal judge does not have to run for reelection and might be less likely to make decisions based on public perception. Still, remember that, when it comes to sentencing, federal judges must give significant weight to the harsh federal sentencing guidelines.

Second, in state court, a defendant is required to post bail to secure their release prior to trial. In federal court, many defendants are released without being required to post bail. On the other hand, in state court bail is set in all cases, whereas, in federal court, if it is determined that a defendant is a danger to the community or a flight risk, bail might not be set at all and a defendant will be detained pending trial.

Generally speaking, a person has no control over whether they are charged in state court or federal court. Many crimes can only be prosecuted in state court (for example, except in limited circumstances or in cases involving federal lands, murders and assaults are only prosecuted in state court). For the most part, the type of offenses that generally overlap are: drug offenses, child pornography offenses, fraud offenses involving banks and embezzlement schemes. Usually it will depend on what agency investigates the case (e.g. the local police as opposed to the FBI, DEA, IRS and alike) as to where the case is brought. Nevertheless, on some rare occasions, if a lawyer gets involved prior to formal charges being brought, that lawyer might be able to influence the forum in which the charge is brought. This is an important reason to retain an attorney as soon as you find out that you are being investigated for a criminal offense.

Geoffrey Mousseau asked:


Defendants wonder how to choose a defense attorney.  And almost every defendant wonders if he made the right choice at some time during his case. 

Both concerns could not be more valid.

Many things factor into the choice of defense counsel.  Price, experience and reputation are issues that must be considered.  It also helps to know your strategy. 

Are you going to plead out?  If so, then you may want a different lawyer than if you plan to go to trial.

Once you get past basic competence – is the lawyer an expert regarding your charges – there are other, more subtle factors.  Is the lawyer you are considering familiar with the judge and prosecutor?  Does the lawyer have too many other clients?  Is the lawyer distracted by family or business and not able to devote sufficient time and attention to you?

Do not be shy.  The selection of a lawyer usually has a material impact on the outcome of your case.  Get as many recommendations as you can and interview the lawyers.  Go to their office.  Look for staff support.  See whether there are other clients loitering around.  Ask to talk to someone they have recently represented.  Ask about their record, their expertise regarding your charges, and their familiarity with the prosecutors and the judge. 

Act quickly, but be thorough.  Do not be impulsive.  Act as though this is a major decision because it is.  Talk to several different lawyers.  Get referrals from every valid and reliable source available to you.

Once you have chosen your lawyer, you should not walk away from the situation.  Usually you are going to be a vital source of information to your lawyer regarding your case.  You are also going to have to make critical strategic and tactical decisions in your case.  Your decisions on these issues is only going to be as valid as the information upon which those decisions are based.  Participate, learn, watch and listen.

But what if, after you hired a lawyer, you start to get that funny feeling … did I make the right decision?  If you are having problems with your lawyer, imagine how he is perceived by the prosecution and the judge.  And if you plan to go to trial, imagine how he will be perceived by a jury.

Because the decision to hire a criminal defense lawyer is made at a time when you are not at your level-headed best, mistakes are made.

If you think you made a mistake and hired the wrong lawyer, admit it and move on.  The chances of winning an appeal based on the argument that your lawyer was not competent are extremely low. 

If you think your lawyer is making mistakes or mishandling your case, then you owe it to yourself to bring that to the attention of your lawyer.  Let him know that you think there is a problem.  If he can fix the problem, then you may be fine.  And if he cannot or will not fix the problem, then look for a replacement.

At least when you look for a replacement lawyer, you will have the perspective derived from your bad experience with lawyer number one.  You will have learned something and can avoid making the same mistake.  Often times you can get your trial date moved so the new guy can get up to speed.  And the prosecution and the judge may even appreciate your decision if the replacement lawyer is actually an improvement.

Remember that they are working for you.

Mark Sierra asked:


If your child becomes arrested and is under the age of 17, you should seek the counsel of an experienced juvenile defense attorney. It is suggested to do this before any kind of statement is made to police officers.

There are different laws that are in place for those who are under 17 years of age. An experienced juvenile defense attorney will know these differences and know how best to protect your child.

The system of juvenile justice is much like that of the adult justice system. It consists of all the same players like the arresting officers, the prosecutors and sometimes even the same set of judges. The penalties, however, are usually not as severe though. But the process is close to being the same. Know your child’s rights and have them protected by the juvenile defense attorney. If you don’t know what those rights are, then ask the attorney you hire. Even so, a conviction, even if only as a juvenile, will follow your child around the rest of their life.

In some situations, if your child becomes a suspect more than once, they increase their chances of police considering them as potential trouble makers. This could mean that if the same offense your child was arrested for happens again within the area, your child will become a possible suspect. Many would debate that this is not fair, but it is a fact of life and how the police function as the investigate the crime and to see justice served.

It is never a pleasant occasion when someone is arrested and suspected of a crime, most of all for a juvenile. This will possibly be a traumatic experience that will stay with them for the rest of their life. There are times that the investigation or even the trial could last up to a year and beyond. With the proper advice, families with a child being accused of a crime should be able to endure the stress.

For the best possible outcome for all, an experienced juvenile defense attorney should be at the beginning of proceeding just after your child becomes a suspect. Do not wait till the trial is about to begin.

Addison Baul asked:


When it comes as a criminal case, it is considered as a much more complex as compared to other cases. Criminal law charges a prosecution of an individual for an act, which come under the category of crime as described by the government. If you want to successfully get out of criminal case in Houston, Houston criminal attorney is the person to seek for. Felony and other sort of criminal case have punishment for prison for more than one year, whereas misdemeanor is punishable by a prison for some months. As the criminal laws differ from state to state, Houston criminal defense lawyer would master in laws applicable in Houston.

It is always necessary to have an experienced and competent Houston DWI attorney to have a brighter chance of winning or settling the criminal cases in Houston. Good Houston criminal attorney can represent anyone charged with some criminal offense and can also negotiate to arrange for lesser charge or sentencing. A competent Houston DWI lawyers formulate sentencing punishments those are most in client’s favor. Houston criminal lawyer provide their defendants with a knowledgeable, impartial and objective summary of the criminal allegation. The summary plays a significant role in the suspect’s conclusion whether to go into a plea bargaining.

Houston DWI attorney are good criminal lawyers, well versed with essential legal rules and they are also familiar with several court customs and functioning. They also have a special skill-set to find out the hidden costs in a plea bargaining for criminal case. Houston criminal defense attorney also garners useful info from the prosecution informants. Usually, most of the crimes can be divided into two elements –the action and the mental state. Houston criminal attorney helps in evaluating and understanding each of them to sort out the problem.

Houston DWI attorney successfully deals with prosecutors in court and proves a suspect innocent making him or her free of charges. In Houston, like all other places, the Constitution provides criminal suspects with rights to choose and hire Houston criminal lawyer. Houston criminal lawyers are well versed with all the criminal provisions of the local, state and federal governments. Like other places, the procedure to charge someone under criminal act begins with an arrest or reference that summarizes the reason for the arrest. Copies of all reports are sent to an attorney’s office that leads and prosecutes such cases. Once the prosecutors have got all the evidences, the court proceedings start.

While hiring Houston criminal attorney, one should how much experience the attorney has in criminal laws, and the success report of the lawyer in similar cases. Also, it is better to ask the lawyer about all possible outcomes of the case. For example, could arbitration or intermediation fix up the case? Finally, what is an approximate amount of the total bill, and what are the other overheads?

Mark Sierra asked:

People who are facing the prospect of being held in custody in the Dallas/Fort Worth area are in need of the best Dallas criminal attorney available that will protect their rights. Experience, knowledge and dedication are what is needed immediately. Depending on the specific circumstances, even if they have been arrested, there are cases where the right Dallas criminal attorney can prevent the charges against them from being filed. The earlier the attorney can make an intervention, the better chance for positive results.

When a person has been accused of a crime, it is not advisable for that person to defend himself as the odds are against him. The system populated with professionals who are trained at getting convictions. With that kind of dedication against them, their defense must be very powerful. This is why an experienced and knowledgeable Dallas criminal attorney is the best friend they can have in court.

The different things a good criminal attorney can do for you is to assist you with preserving your freedom. Being incarcerated is never pleasant and the impact it can have on your reputation can leave a long lasting effect in your community. Even if you have already been arrested, the right intervention could prevent the allegations from being filed. It is not recommended to sit and wait to see what happens. Attorneys know the law and can help with preventing indictments and trials in certain circumstances, but if it goes to trial, a knowledgeable attorney should know how to win.

Knowing local law and how law enforcement agencies work are an important part to knowing how to use the system in your favor. This is not to imply that the system can be or should be cheated, rather, it is so costly mistakes can be eliminated. This is the reason why if you are charged with a crime in the Dallas/Fort Worth area, a knowledgeable Dallas criminal attorney will be your best advisor and person to have on your defense team.

Mark Sierra asked:


If your child becomes arrested and is under the age of 17, you should seek the counsel of an experienced juvenile defense attorney. It is suggested to do this before any kind of statement is made to police officers.

There are different laws that are in place for those who are under 17 years of age. An experienced juvenile defense attorney will know these differences and know how best to protect your child.

The system of juvenile justice is much like that of the adult justice system. It consists of all the same players like the arresting officers, the prosecutors and sometimes even the same set of judges. The penalties, however, are usually not as severe though. But the process is close to being the same. Know your child’s rights and have them protected by the juvenile defense attorney. If you don’t know what those rights are, then ask the attorney you hire. Even so, a conviction, even if only as a juvenile, will follow your child around the rest of their life.

In some situations, if your child becomes a suspect more than once, they increase their chances of police considering them as potential trouble makers. This could mean that if the same offense your child was arrested for happens again within the area, your child will become a possible suspect. Many would debate that this is not fair, but it is a fact of life and how the police function as the investigate the crime and to see justice served.

It is never a pleasant occasion when someone is arrested and suspected of a crime, most of all for a juvenile. This will possibly be a traumatic experience that will stay with them for the rest of their life. There are times that the investigation or even the trial could last up to a year and beyond. With the proper advice, families with a child being accused of a crime should be able to endure the stress.

For the best possible outcome for all, an experienced juvenile defense attorney should be at the beginning of proceeding just after your child becomes a suspect. Do not wait till the trial is about to begin.

Michael Hawkins asked:


A criminal defense attorney is a lawyer who specializes in representing clients that have been charged for a crime that will be tried in a court of law. And, against popular belief, a person could end up needing the services of such a law professional even if they aren’t evil or living “the life”. From a purely practical standpoint, hiring a criminal defense attorney has many advantages. The lawyer will not only protect all the rights of the client, but will also oversee many of the small practical details surrounding the court case. Should the client be convicted, the attorney will also handle the appeal.

When it comes to keeping you out of jail and most preferably to getting the charges dropped altogether, the experience and overall skill of your defense attorney is of paramount importance. A seasoned criminal defense attorney is usually used to working with many different aspects of criminal law, and probably have experience with everything from white-collar crimes to domestic disturbances.

As a matter of fact, instances of juvenile crimes as well as handling the odd speeding ticket or other forms of traffic violation is business as usual for a criminal defense attorney. When an offense has occurred during probation or there is a need to plead for parole, this type of lawyer is also what you are looking for. It does however ring true that highly skilled criminal defense attorney will also be able to reduce the sentence for serious crimes such like drug manufacture and or dealing.

Nonetheless, before hiring a criminal defense attorney it is necessary that you take into account several factors. Among the most important factors is that your lawyer ideally should have past experiences with cases similar to yours. He must also be able to demonstrate success in addressing cases such as yours. In addition, look for the fact that an attorney has the required certification to handle your kind of criminal case.

Finally, you need to also feel at ease communicating and dealing with your criminal defense attorney. Depending on your budget price is also a factor, although it should probably not be the thing to discuss first.

A criminal law attorney is generally an attorney that takes on certain responsibilities as well as is a specialist in certain subdivisions of the criminal laws that are in force. In other words, such lawyers can be classified according to certain branches of criminal laws.

When there is need for a criminal defense attorney, you may be in somewhat of a hurry. But for the best results it is still important to take your time in finding the best man or woman for the job.

Addison Baul asked:


We all wish that our lives should go smooth without any hassles. We pray god for having a happy life with no sadness but then, it never happens. Whatever the reason is, one or the other way, you face troubles in life and some of them are so unfortunate that you end up with legal issues. Furthermore, if the case is criminal, it is extremely difficult to tackle without any professional help. If you live in Houston, you should seek Houston criminal lawyer.

Houston criminal attorney is a person who can help you getting out of criminal cases. You can find Houston DWI attorney across the city who master on tackling such kinds of cases. They can normalize your life and save you from penalty and imprisonment. You certainly require Houston DWI lawyer to prevent a permanent stain on your record that otherwise will affect your job profile, education or any social and personal affairs.

It does not matter whether the case is on adult or juvenile client, Houston criminal defense attorney serves you with best service required. For a criminal case, it is always better to seek some professional help rather than ignoring it that can end up in some really danger. Houston criminal attorney can help you out of the accused case of a misdemeanor or a felony. Right from the police investigation to all the legal documents and preparing strong case, criminal lawyers in Houston are always ready to assist you.

The sole purpose of Houston Law Group’s Houston criminal attorneys is to do best to protect you and to dismiss all the charges. Your life can be brought on the track and you can restore a complete clean record to live happily.

Houston DWI lawyers are qualified and master on tackling criminal cases. They hold registration certificate that shows their association and affiliation with local law board. You can find solution to your criminal case in Houston by hiring an expert. All you need to do is get Houston criminal lawyer, fix an appointment and then discuss the case thoroughly. The thing you should keep in mind is you should disclose every minute information regarding the case to help Houston DWI lawyer solving the charges on you.

We all wish that there will not be any criminal case in our lives –if this happens, we are the happiest but then in case, if you get stuck, there is always a great helping hand in the form of Houston criminal attorney.