8:00 - 6:00

Hours Mon. - Fri.

214.329.9433

Call Us For Free Consultation

Facebook

Twitter

Google+

Search

Lang

First Steps After Hiring a Criminal Defense Attorney

First Steps After Hiring a Criminal Defense Attorney

You’re facing charges. You’ve hired a criminal defense attorney. And now you’re wondering what to do next. While your attorney might set to work building your defense, your job isn’t over yet. Keep these first steps after hiring a criminal defense attorney in mind if you want to maximize your chances of clearing your name.

 

Learn About Your Case

It’s crucial you familiarize yourself with your case process for your peace of mind and so there are no surprises. Ask your attorney what happens next and what you can expect in the coming weeks. Some criminal cases move slowly while others resolve relatively quickly. It all depends on how your attorney handles your case and the pace of the court.

 

Be Proactive

Depending on your charges, your attorney may ask you to do a few things. For example, if you are facing charges for a drug-related offense, your attorney will ask you to abstain from drugs and perhaps enroll in a substance abuse treatment program. Or, if you are facing family violence (i.e. domestic violence) charges, your attorney may ask you to enroll in an Anger Management Class or Battering Intervention and Prevention program. Be proactive, and stay involved in your case.

 

Prepare for Court

If you need to appear in court, now is the time to make sure you have something respectable to wear. Many defendants overlook the importance of appearance when in court. Men should wear suits, and women should wear business attire. This is especially true for trial. The prospective jurors should look at the defense table and think everyone sitting at it is a lawyer. They will only have this impression if you are dressed professionally.

 

Make Arrangements

Discuss with your attorney what could happen if you are convicted. Whether it’s through a plea bargain or at trial, a conviction means you will be sentenced. Your attorney can advise you on the likely consequences of your charges. For example, if your attorney anticipates you will be given some jail time, now is the time to look into incarceration alternatives. Similarly, if you are looking at a DWI conviction, start learning about what you will need to do to get your license back as soon as possible.

 

Learning about what to expect and preparing for it should be your focus right now. Trust us when we say you won’t want to be surprised with anything the judge says. It’s far better to inform yourself of what could happen in court beforehand. If you are at a point where you haven’t hired a criminal defense attorney or think your current attorney may not be the fighter you need right now, consult with a Dallas-Fort Worth criminal defense attorney with trial experience. It’s important to speak with an attorney who has experience fighting cases all the way because such an attorney will be best able to advise you on all your options and which is the best for you.

 

If you’re facing criminal charges in the Dallas-Fort Worth area, JBabb – Criminal Defense Attorneys is here to help. JBabb – Criminal Defense Attorneys will advise you on the best course of action. With law offices in Dallas and Denton, our attorneys provide compassionate legal services to Dallas, Collin, Denton, Ellis, Rockwall and Tarrant counties. Our experienced attorneys handle a wide variety of criminal cases including DWI/DUI, assault/family violence, and other misdemeanors and felonies. Call (214) 329-9433, email team@jbabblaw.com, or fill out our confidential online form to schedule a consultation with a Dallas-Fort Worth criminal defense attorney.

 

Why Hiring a Defense Attorney Is a Better Investment Than You Think

Why Hiring a Defense Attorney Is a Better Investment Than You Think

Investing in Your Defense

 

When faced with criminal charges, money is often a top concern. Fines for a criminal conviction can be exorbitant, but the costs of a criminal defense attorney can seem out of reach, too. Even so, hiring a criminal defense attorney is an investment in your future. If you’re not convinced or are on the fence about hiring an attorney to fight your Texas criminal charges, consider these points.

 

Paying for Protection

 

A criminal defense attorney can do many things for you, one of the most important of which is protecting your rights. This isn’t to say you can’t protect your own rights, but consider whether you really know and understand how to do that. Our experience in watching pro se defendants attempt this over the years leads me to conclude they do not. A defense attorney will understand how to protect your rights and—more importantly—leverage them to strengthen your defense.

 

Weighing the Costs of a Conviction

 

The costs of a criminal conviction might not be apparent to you at this time. Aside from any court-imposed statutory fines for your conviction, you may be ordered to pay other costs. For example, the court could order you to pay restitution, make a payment to Crime Stoppers and pay ongoing supervision fees. If you factor in potential discrimination on the job market or the chance you could even lose your job, you can begin to see how expensive a conviction really is.

 

Knowledge Is Power

 

When you hire a defense attorney, you are paying for that attorney’s knowledge. And that knowledge isn’t limited to what he or she learned in law school. In fact, you are paying for that attorney’s knowledge of Texas statutes and how to interpret them, how to navigate courtroom rules and trial procedures and how to employ negotiation tactics. Although normally not very effective, you can try to bone up on legal information at the library or online, but you can’t learn how to successfully defend cases without years of hands-on experience (it’s the equivalent of simply reading a manual in order to perform surgery on yourself). And that knowledge is powerful because without it you have a slim chance of getting the best possible outcome in your case. The legal system is not user-friendly, so when facing criminal charges, it’s unwise to go DIY. It’s simple: pay now or pay more later. And later you most likely will not be able to change the outcome.

 

Consult With a Defense Attorney to Learn More

 

If you are facing charges, you need to consult with a Dallas-Fort Worth criminal defense attorney. Many attorneys in the Dallas area offer free consultations wherein they can provide you basic information that can help you better understand your case. There is no excuse not to tap into this valuable source of knowledge! Discuss the details of the charges you face and learn about your options. Make sure you also discuss the potential consequences of a conviction. From there, you can make an informed decision about how to invest in your future.

 

If you’re facing criminal charges in the Dallas-Fort Worth area, JBabb – Criminal Defense Attorneys is here to help. JBabb – Criminal Defense Attorneys will advise you on the best course of action. With law offices in Dallas and Denton, our attorneys provide compassionate legal services to Dallas, Collin, Denton, Ellis, Rockwall and Tarrant counties. Our experienced attorneys handle a wide variety of criminal cases including DWI/DUI, assault/family violence, and other misdemeanors and felonies. Call (214) 329-9433, email team@jbabblaw.com, or fill out our confidential online form to schedule a consultation with a Dallas-Fort Worth criminal defense attorney.

 

Guilty of DWI in Texas? Here’s Why You Still Need a DWI Attorney

Guilty of DWI in Texas? Here’s Why You Still Need a DWI Attorney

Far too many people give up without a fight when facing DWI charges. They mistakenly believe because they had a few drinks they have no chance to beat their charges. In reality, Texas DWI cases don’t depend solely on whether or not you were drinking. In fact, several other factors can impact the outcome of your case. So, even if you think you’re guilty of DWI, you still need a DWI attorney for the following reasons.

 

Drinking and Driving Doesn’t Necessarily Mean You Are Guilty of DWI

 

I know this may sound counterintuitive at first glance. But it’s important to understand the prosecution must prove certain elements to find you guilty of DWI in Texas. To be found guilty, it must prove you were operating a motor vehicle in a public place while intoxicated. Intoxicated is further defined as, “Not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of these substances or any other substances into the body OR having an alcohol concentration of .08% or more at the time of driving.” Furthermore, it must prove those elements beyond a reasonable doubt. So, even if you think you are guilty, that doesn’t necessarily mean the prosecution can prove it.

 

Evidence Could Be Lacking

 

This builds on the last reason why you still need an attorney. DWI investigations begin with law enforcement collecting evidence at the time of the arrest and submitting a sworn report to the district attorney’s office. The district attorney then reviews the report and evidence and, based on that information, may file a complaint (i.e. charges) in a misdemeanor case, or bring the case before a grand jury in felony cases. If the police missed a piece of evidence or failed to take into account any number of factors, the information they provide to the district attorney could paint only a partial picture. Thus, if you immediately plead guilty to DWI without knowing what evidence the district attorney has, you could be making a huge mistake.

 

Your Charge and Your Sentence May Not Be Set in Stone

 

So you think you’re guilty of DWI and plan to plead as such. You might want to accept the punishment the judge gives you and move on with your life. But you could be making a crucial mistake. Experienced criminal defense attorneys know hasty pleas rarely result in the best outcome possible. It’s important to keep in mind when facing DWI or any other Texas criminal charge, numerous factors can impact your sentencing. DWI sentencing typically falls within a standard range of punishments. An experienced DWI attorney might be able to skillfully leverage certain facts in your case to help ensure your sentence falls in the lower end of the range. More importantly, a good attorney may even be able to obtain a dismissal for you, meaning you walk away with no conviction. This is an ideal—and not at all impossible—outcome. One thing is certain, if you go a plea on a DWI, you have a 100% chance of being convicted! Yet, if you fight the case –even if you only have a 5% chance of beating it- you still have a chance of NOT being convicted. Furthermore, you will often receive less punishment from a jury than you will ever receive from the prosecutor or judge. Why is that? No one is grading the jury’s decision. They can give you the minimum if they like, which potentially could be no probation or jail time!

 

Always Speak With an Attorney When Facing Charges for DWI in Texas

 

Speaking with an attorney isn’t going to hurt you. In fact, most likely you will end up with some clarifying information that can give you peace of mind and confidence. Again, an experienced Dallas-Fort Worth DWI/DUI defense attorney will know the tendencies of the prosecution and court you now face. He or she might know that a particular judge goes easy on first-time offenders or that a certain district attorney’s office is overburdened by DWI trial cases and thus is motivated to negotiate plea bargains. The bottom line is a good DWI attorney will know the best way to get you the most favorable outcome possible.

 

 

If you’re facing DWI/DUI charges in the Dallas-Fort Worth area, JBabb – Criminal Defense Attorneys is here to help. JBabb – Criminal Defense Attorneys will advise you on the best course of action to fight your charges. With law offices in Dallas and Denton, our attorneys provide compassionate legal services to Dallas, Collin, Denton, Ellis, Rockwall and Tarrant counties. Our experienced attorneys handle a wide variety of criminal cases including DWI/DUI, assault/family violence, and other misdemeanors and felonies. Call (214) 329-9433, email team@jbabblaw.com, or fill out our confidential online form to schedule a consultation with a Dallas-Fort Worth criminal defense attorney.

 

Are All Texas Felonies Created Equal? A Look at Crime Degrees

Are All Texas Felonies Created Equal? A Look at Crime Degrees

Types of Texas Felonies

 

In Texas, felonies are crimes that are punishable by a term in a state jail or prison. Felonies are considered more serious than misdemeanor offenses. But not all felonies are created equal. They will typically fall within one of the following categories.

 

State Jail Felony

 

As the name suggests, state jail felonies are those that are punishable by six months to two years in a state jail and a fine up to $10,000. State jails are an answer to the overcrowding in Texas state prisons and typically house nonviolent felons. But, unlike in terms in county jails or state prisons, felons in state jails are not eligible for early release due to good behavior. Examples of Texas state jail felonies include possession of a controlled substance under 1 gram and unauthorized use of a vehicle.

 

Third Degree Felony

 

Third degree felonies are punishable by a prison term of between two and 10 years, and the judge may also impose a fine of up to $10,000. Examples of third degree felonies include intoxication assault and third offense DWI.

 

Second Degree Felony

 

Second degree felonies are punishable by a prison term of between two and 20 years and potentially a fine of up to $10,000. Examples of second degree felonies include aggravated assault and robbery.

 

First Degree Felony

 

First degree felonies are punishable by a prison term of between five and 99 years or life in prison and potentially a fine of up to $10,000. Examples of first degree felonies include aggravated kidnapping and aggravated sexual assault.

 

Capital Felony

 

Capital felonies are punishable by a prison term of life without parole or the death penalty. Examples of capital felonies include murder of a peace officer on duty or murder of multiple people during the same criminal episode.

 

Felony Charges? Get Serious About Your Defense

 

Any felony charge should be taken seriously. With potentially long terms of incarceration and steep fines, no one can afford to plead guilty to a Texas felony. Whenever facing felony charges, it’s absolutely essential you work with a skilled Dallas-Fort Worth criminal defense attorney. Involve an attorney in your case as soon as you can. An attorney can explain the penalties you could face and the important elements in your case the prosecution must prove to convict you. From there, you can develop a plan of action to fight your charges. Naturally, any person will want any criminal charge dismissed, but you really have to assess the evidence against you along with the plea bargain being offered by the State. Being that the sentences for some types of felonies can result in a punishment that can cost the better part of your life, it is imperative that you select an experienced attorney who can weigh all the options when deciding how best to fight and/or resolve the case.

 

 

If you need help fighting your felony charges in the Dallas-Fort Worth area, JBabb – Criminal Defense Attorneys is here to help. JBabb – Criminal Defense Attorneys will advise you on the best course of action to fight your charges. With law offices in Dallas and Denton, our attorneys provide compassionate legal services to Dallas, Collin, Denton, Ellis, Rockwall and Tarrant counties. Our experienced attorneys handle a wide variety of criminal cases including DWI/DUI, assault/family violence, and other misdemeanors and felonies. Call (214) 329-9433, email team@jbabblaw.com, or fill out our confidential online form to schedule a consultation with a Dallas-Fort Worth criminal defense attorney.

The Costs and Benefits of Plea Bargains

The Costs and Benefits of Plea Bargains

Plea bargains, also called plea deals, are a crucial component in many Texas criminal prosecutions. Most people think they have only two options when facing criminal charges: plead guilty to the charges or go to trial. In reality, most criminal cases are resolved prior to trial through a plea bargain. A plea bargain is essentially a negotiated “deal” wherein the defendant exchanges his or her guilty plea for a reduced charge or lesser sentence. But plea bargains have both benefits and costs that should be considered.

 

Benefits of Plea Bargains

 

Plea bargains are negotiated between the prosecution and the defense. They attempt to reach a mutually agreeable resolution: a better outcome for the defendant and a lightened trial load for the court. The courts want to avoid trial because they are resource intensive. Courts typically have a backlog of cases awaiting trial at any given point. The defendant also benefits. He or she avoids the costs, risks and uncertainty of trial. In a trial, the defendant’s fate is often in the hands of the jury. Moreover, the defendant saves attorney fees, court fees and the costs of obtaining evidence, such as expert testimony.

 

Plea bargains also have the added benefit of giving the defendant options. If he or she does not want to plead guilty to the charge he or she is facing, a plea bargain may provide a favorable alternative. For example, if the defendant was facing a charge with a mandatory jail sentence, his or her attorney might be able to negotiate a deal wherein the defendant serves no jail time.

 

Costs of Plea Bargains

 

While plea bargains can provide the defendant some level of flexibility in terms of options, they also come at a cost. Typically, you will need to hire an experienced attorney to get the best plea bargain. Although the defendant would still end up avoiding the cost of trial, he or she would most likely have to hire a criminal defense attorney skilled at negotiating plea bargains for best results.

 

The most important cost of plea bargains to keep in mind is the defendant is still pleading guilty. In a trial, the defendant would have a chance of acquittal. An acquittal would mean he or she would walk away with no criminal conviction. In accepting a plea bargain, the defendant is pleading guilty to a crime and will acquire a criminal record in the process. In light of this fact, it becomes less of a “bargain” and more of a burden. Unfortunately, many defendants don’t consider the costs of a criminal record until it’s too late. But if you consider the destructive potential of a criminal conviction, you can see how costly they are. For example, a criminal conviction can:

 

  • Cause you to lose your job
  • Hurt your chances when applying for a job
  • Result in denials when applying for apartments, loans or even insurance
  • Hurt your financial aid options
  • Cause you to lose certain rights (e.g. a family violence conviction will result in the loss of firearm rights)
  • Damage your reputation and status in your community
  • Result in the loss of certain relationships
  • May be used against you in future criminal cases

 

Long-Term Costs

 

These are just a few of the many harsh consequences of a criminal conviction. The worst part is these consequences often last a lifetime.

 

The only way to make an informed decision on how to plea is to discuss your case in detail with a seasoned Dallas-Fort Worth criminal defense attorney. An attorney can go over all the costs and benefits of plea bargains and advise you on what you should do given the details of your case.

 

If you’re facing criminal charges in the Dallas-Fort Worth area, JBabb – Criminal Defense Attorneys is here to help. JBabb – Criminal Defense Attorneys will advise you on the best course of action. With law offices in Dallas and Denton, our attorneys provide compassionate legal services to Dallas, Collin, Denton, Ellis, Rockwall and Tarrant counties. Our experienced attorneys handle a wide variety of criminal cases including DWI/DUI, assault/family violence, and other misdemeanors and felonies. Call (214) 329-9433, email clients@jbabblaw.com, or fill out our confidential online form to schedule a consultation with a Dallas-Fort Worth criminal defense attorney.

How to Be a Proactive (and Productive) Criminal Defendant

How to Be a Proactive (and Productive) Criminal Defendant

The Road Ahead

 

Many people feel helpless when facing criminal charges. But what they don’t realize is they have more control than they think. You control—in part—the outcome of your case. And, oftentimes, the more you put into your defense process, the more you get out. Criminal defendants who don’t make an effort often get disappointing results. But those who are proactive and thus productive can obtain case outcomes that far exceed their highest expectations. To help you be the latter, here are some essential tips on how to be a proactive criminal defendant.

 

Don’t Do Their Job For Them

 

Exercise your right to remain silent. Too many criminal defendants think they can talk their way out of things or provide the police with an explanation so good they will drop the charges. In reality, they are giving law enforcement and the district attorney’s office everything they need for a conviction. They are essentially giving them a confession, making their job easier. Don’t do the work for them. Make them find other sources of evidence to convict you. Protect your Constitutional rights.

 

Do Your Homework

 

Keep good records of your case. This will help your attorney get the best outcome possible. Try to compile the following helpful information:

 

  • What your formal charges are
  • The date of your arrest
  • Information about your bail
  • Names and contact information for any witnesses that may help you
  • Court dates and courthouse locations

 

You will need most of this information whether you are working with a private attorney or a public defender.

 

Also, educate yourself on the penalties you could face and your options for handling your case. An attorney can help you do this. Ask your attorney what the best course of action is. In certain circumstances, you can negotiate a plea bargain or even stand a good chance at trial. But you need to learn about these potential options to be able to choose the best one to shoot for.

 

Foster a Good Working Relationship With Your Attorney

 

Help your attorney by providing the information they need to help you. Common courtesies such as showing up to meetings on time, bringing requested documents and being polite and respectful of their time can go a long way toward a productive working relationship. Remember, your attorney is trying to help you get the best outcome possible given your situation. You may feel overwhelmed now, but taking the time to handle your case wisely will pay big rewards.

 

Facing criminal charges is something you are rarely prepared for. But if you can heed these tips, your chance of being satisfied with the outcome of your case will be greater. Consult with a Dallas-Fort Worth criminal defense attorney if you are facing criminal charges. A seasoned attorney can help prepare you for the difficult journey you face, giving you peace of mind and a better chance at a favorable outcome.

 

If you need criminal defense help in Dallas-Fort Worth, JBabb – Criminal Defense Attorneys is here to help. JBabb Criminal Defense Attorneys will advise you on the best course of action. With law offices in Dallas and Denton, our attorneys provide compassionate legal services to Dallas, Collin, Denton, Ellis, Rockwall and Tarrant counties. Our experienced attorneys handle a wide variety of criminal cases including DWI/DUI, assault/family violence, and other misdemeanors and felonies. Call (214) 329-9433, email clients@jbabblaw.com, or fill out our confidential online form to schedule a consultation with a Dallas-Fort Worth criminal defense attorney.

 

 

3 Reasons to Fight Assault Family Violence Charges

3 Reasons to Fight Assault Family Violence Charges

Why You Should Defend Yourself

 

Assault family violence charges are very serious. The consequences of an assault family violence conviction are far-reaching. Thus, you should not take them lightly. No matter the degree of the offense, an assault family violence conviction can result in severe penalties. Specifically, here are three reasons why you should always fight family violence charges.

 

Court-Imposed Penalties

 

Texas courts aggressively prosecute family violence offenders. Defendants face a lifetime of legal and social repercussions for a conviction. A first assault family violence conviction is a Class A misdemeanor and is punishable by:

 

  • Up to 365 days in county jail, and/or
  • A fine of up to $4,000
  • Illegal under Federal law to possess firearms
  • Unable to Expunge or Seal the case from the public
  • Any future assault family violence charges can be enhanced to a felony (including Class C)

 

The judge can also order you to pay victim restitution. Restitution compensates the victim for costs associated with the incident, such as medical bills or counseling. The judge may also probate your sentence, giving you probation or “community supervision” instead of the maximum sentence.

 

These penalties aren’t the only reasons why you should fight an assault family violence charge. The penalties for a second assault family violence conviction increase significantly. You can be charged with continuous family violence for a second assault family violence conviction in one year. Continuous family violence is a third-degree felony, punishable by up to ten years in prison and/or a fine of up to $10,000.

 

Subject to a Protective Order

 

In some assault family violence cases, the judge will issue an Emergency Protective Order (EPO). EPOs are also known as a “stay away” orders. EPOs and their long-term counterparts (Protective Orders) restrict the restrained person in many ways. Most notably, the restrained person is prohibited from contacting or coming near the victim or the victim’s family. Violation of a Protective Order is a criminal offense and can result in jail time and additional penalties. EPOs are typically short in duration, from between 31 and 91 days. Final Protective Orders can last up to two years.

 

Loss of Your Family

 

If convicted of assault family violence, you may suffer social consequences as well. You could lose custody of your children, be prevented from entering your home and lose respect in your community. These effects can be even more deleterious than criminal penalties and can affect you for years to come.

 

Never underestimate the consequences of an assault family violence conviction. Do not let the court convict you without a fight, and for assault family violence cases deferred equals a conviction. The first step to fighting your assault family violence charges is to speak with an attorney about your case. The specific facts and circumstances of your offense will significantly influence your options for fighting your charges or receiving a reduced sentence or even an outright dismissal.  The overwhelming supermajority of assault family violence cases that we handle result in dismissals.

 

 

Are you facing charges of assault family violence in the Dallas-Fort Worth area? If so, JBabb – Criminal Defense Attorneys is here to help. JBabb – Criminal Defense Attorneys will advise you on the best course of action. With law offices in Dallas and Denton, our attorneys provide compassionate legal services to Dallas, Collin, Denton, Ellis, Rockwall and Tarrant counties. Our experienced attorneys handle a wide variety of criminal cases including DWI/DUI, assault/family violence, and other misdemeanors and felonies. Call (214) 329-9433, email clients@jbabblaw.com, or fill out our confidential online form to schedule a consultation with a Dallas-Fort Worth criminal defense attorney.

Arrested for Texas Family Violence? Essential First Steps

Arrested for Texas Family Violence? Essential First Steps

After Your Arrest

 

Being arrested for family violence is a stressful experience. It can feel like a violation of the privacy of your home life and as if the State doesn’t care about your side of the story. When facing family violence charges, your first steps are the most crucial. To help you navigate the initial stages of your family violence case, here are some essential first steps you should take after your arrest.

 

Think Before You Speak

 

Don’t plead guilty or no-contest before learning about your options and your rights. The State of Texas treats assault/family violence cases more seriously than assault cases. Even just one assault/family violence conviction on your record could cause you to lose custody of your children, your right to enter your home or even your job. A plea on an assault family case will come with an affirmative finding of family violence. What does this mean? It means that you will no longer be able to possess firearms without violating Federal law, you will never be able to erase or seal this case from the public record, and if you are ever accused of family violence in the future, even at the Class C level, the State can choose to enhance the case to a felony level charge! These cases are always worth fighting. In fact, it makes absolutely no sense not to fight a family violence case. But it’s essential you fully understand your rights before you make any decisions that may have lasting consequences.

 

Keep to Yourself

 

Stay clear of the victim and the victim’s family if the court ordered you to do so. The consequences of an assault/family violence charge often include an Emergency Protective Order (EPO). EPOs are also known as “stay away” orders. EPOs prohibit the restrained person from coming near or contacting the victim, the victim’s family, home or place of work. Heed all conditions of your EPO even if the victim tries to contact you. Typically, EPOs are legally enforceable for 31-91 days, during which time you could be arrested for violating the Order. The court can also issue a final Protective Order when your case resolves. Courts issue EPOs in many—but not all—assault/family violence cases.

 

Find an Advocate

 

The State of Texas takes family violence very seriously. These aren’t the type of cases the court is likely to go easy on. Expect to fight for your rights and your freedom. Even if the victim agrees to drop the charges, the district attorney’s office has all the decision-making power. The district attorney will often prosecute the defendant no matter what the victim wants. When facing the potential penalties of a family violence conviction, which are severe, you need to find a legal advocate. Specifically, find one who knows Texas assault/family violence laws thoroughly. Only a Texas criminal defense attorney with experience handling assault/family violence cases can help you face your charges and work to minimize the negative consequences of your arrest.

 

If you’re facing assault/family violence charges in Dallas-Fort Worth, JBabb – Criminal Defense Attorneys is here to help. JBabb Criminal Defense Attorneys can aggressively protect your rights. With law offices in Dallas and Denton, our attorneys provide compassionate legal services to Dallas, Collin, Denton, Ellis, Rockwall and Tarrant counties. Our experienced attorneys handle a wide variety of criminal cases including DWI/DUI, assault/family violence, and other misdemeanors and felonies. Call (214) 329-9433, email clients@jbabblaw.com, or fill out our confidential online form to schedule a consultation with a Dallas-Fort Worth criminal defense attorney.

 

How to Overturn a Jailhouse Plea Within 10 Days

How to Overturn a Jailhouse Plea Within 10 Days

A Dire Situation

 

Most people who are put in jail are desperate to get out. Jail keeps you from fulfilling your normal responsibilities like going to work and taking care of your family. It’s easy to make hasty decisions when your freedom is on the line. Many defendants plead guilty to crimes prematurely in order to secure their freedom. But many quickly regret the mistake they made. Fortunately, Texas law provides defendants a way to withdraw their plea in certain situations.

 

The Jailhouse Plea

 

Defendants who are put in jail for a Class C misdemeanor, or on warrant for a Class C offense, are typically brought before a magistrate and asked to enter a plea. In many cases, these defendants will be told if they plead guilty or no-contest (nolo contendere), they will receive credit for their time in jail and will be quickly released.

 

The alternative to entering a plea of guilty or no-contest is, in many cases, scrambling to arrange a bail bond. This can take time, and many people don’t know where to start when faced with a high bail amount. As a result, some defendants feel pressured into pleading guilty or no-contest so they can return to their normal life. The problem is, once they make that plea, the reality of a criminal conviction sinks in. They may receive “credit” for their time in jail, but could also face fines, probation and a criminal record.

 

Securing a Second Chance

 

Fortunately, someone in this situation can file a Motion for New Trial and ask the court to set aside his or her conviction. When filed, the judge must overturn the conviction and set a new trial date. This essentially brings the defendant back to square one but provides them the time needed to consult with legal counsel and explore all defense possibilities. They also are able to use this time to fully consider the consequences of a conviction.

 

But time is of the essence. The defendant must file the Motion for New Trial within ten days of entering the original plea. For this reason, you should speak with an experienced Dallas-Fort Worth criminal defense attorney immediately if you think you want to pursue this option.

 

If you’re facing DWI charges in the Dallas-Fort Worth area, JBabb – Criminal Defense Attorneys is here to help. JBabb – Criminal Defense Attorneys will advise you on the best course of action. With law offices in Dallas and Denton, our attorneys provide compassionate legal services to Dallas, Collin, Denton, Ellis, Rockwall and Tarrant counties. Our experienced attorneys handle a wide variety of criminal cases including DWI/DUI, assault/family violence, and other misdemeanors and felonies. Call (214) 329-9433, email clients@jbabblaw.com, or fill out our confidential online form to schedule a consultation with a Dallas-Fort Worth criminal defense attorney.