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The Acquittal Outlook

The Acquittal Outlook

Every criminal defendant heads into trial hoping for an acquittal. If acquitted, the defendant walks away with a clear name. Acquittal is the official finding that the defendant is not guilty of the charge as defined by the law. But acquittals are relatively rare, and most people have one primary concern when they are considering trial; what are my chances of being acquitted?

 

While answering this question with any level of accuracy would take an in-depth review of the facts of your case with a Texas criminal trial attorney, below are some of the factors that can influence your chances of acquittal.

 

Who Is the Decision-Maker?

 

In many cases, criminal defendants may decide who the decision-maker(s) will be. In a jury trial, the jury decides on the defendant’s guilt or innocence. The judge decides in a bench trial. And, unique to Texas criminal trials is that the defendant may have the option to have a jury determine his or her sentence, too.

 

A guilty verdict is far more likely at a jury trial than an acquittal. Jurors must come to an agreement based solely on the consideration of the arguments presented, the evidence and the rules of the law, which is explained by the judge.

 

The jury must come to a unanimous verdict, which could be difficult depending on the strength and credibility of the evidence. Conversely, civil trials only require five-sixths agreement from the jurors for a legally valid verdict. Evidence plays a significant role in helping juries come to a verdict. The burden of proof in criminal trials, which lands on the attorney for the State, is beyond a reasonable doubt. This is a very high standard of proof and one that isn’t always easily met. If the prosecuting attorney cannot meet this standard in your trial, the jury may acquit you.

 

To temper the chances the jurors are biased, both the defense attorney and the attorney for the state have a hand in the juror selection process, called voir dire. Ultimately, who has the authority to decide on your guilt or innocence and your sentence could impact your chances of acquittal at trial. A good Texas criminal trial attorney will be skilled in questioning and vetting ideal jurors for your specific case. Don’t overlook the importance of this process. When the odds are against you, every strength you can leverage can make a difference.

 

Appealing the Verdict

 

Another important thing to keep in mind is if you are not acquitted at trial, you have a right to take your case to the Texas Court of Criminal Appeals. The Court of Criminal Appeals has the authority to “overturn” the trial court’s decision. However, the appellate court will only be looking for procedural oversights and mistakes. It will not issue a verdict like the trial court would.

 

You should discuss the possibility of appealing your trial verdict with a criminal trial attorney. The majority of appeals do not fall in the defendant’s favor. On the same hand, the majority of trials result in guilty verdicts. But what matters more than statistics and odds are the specifics of your case. Speak with a Dallas criminal trial attorney about your chances of acquittal. In certain cases, trial is the best way to achieve a fair and just outcome.

 

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 how strong your case is and whether trial is right for you. 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.

 

How Are Jurors Screened and Selected?

How Are Jurors Screened and Selected?

Assembling a Jury

 

Jurors must be selected carefully to be free from bias and prejudice and able to make reasonable and just decisions regarding the fate of defendants. But how does the court select jurors? And what is the process through which they are given a chance to vote on someone’s future? Answering these questions is essential, as the fate of many lies in their hands.

 

Speaking the Truth

 

In Texas, jurors are selected in a process called voir dire, which is French for “to speak the truth.” In voir dire, the prosecuting attorney, defense attorney and judge question potential jurors. This questioning process is essential to maintain a just system. The questions seek to assess the jurors’ ability to make fair decisions based on the facts at hand. Specifically, impartiality is key here. The goal of the attorneys is to get the potential jurors to be open and honest about their feelings, attitudes and beliefs. While this process does take place in a courtroom, jurors are encouraged to speak their minds honestly. By doing so, the attorneys will have a chance to select the right jurors for the particular case.

 

Advantageous Selection

 

In addition to asking a series of questions, each attorney can go over the subject matter of the case, which can help them “weed out” those who might take a biased stance. This is the only chance the potential jurors will have to speak their mind, so your defense attorney must be prepared to take full advantage of it. Likewise, your attorney will need to know how to elicit honest feedback, which takes skillfully timed prompts.

 

Each attorney will have a limited number of chances to make peremptory challenges and challenges for cause. This means your defense attorney can “strike” selections made by the prosecuting attorney and vice versa.

 

If you are facing criminal charges, hiring the right Texas criminal defense attorney from the start is essential. Whether you plan on going to trial or not, find a defense attorney who has vast experience selecting jurors and trying criminal cases. Voir dire is a vital process and one that a criminal defense attorney worth his or her money will know how to navigate and leverage to your advantage and your advantage only.

 

If you want to fight your 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 to clear your name and 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 team@jbabblaw.com, or fill out our confidential online form to schedule a consultation with a Dallas-Fort Worth criminal defense attorney.

 

Essential Tips for Hiring a Criminal Trial Attorney

Essential Tips for Hiring a Criminal Trial Attorney

Looking for Aggressive Legal Representation

 

Finding the right criminal trial attorney can be time-consuming. It’s bad enough you are facing criminal charges and are heading to trial. Now you are wading through listings of Texas criminal trial attorneys, each of which is vying for your business. But the real work lies ahead, so to make the process of finding the right criminal trial attorney for you easier, keep these essential tips in mind.

 

Look for Experience

 

Experience is one of the most important traits to look for in a criminal trial attorney. Ideally, find an attorney who has experience defending clients facing the same charges as you. This is essential because many criminal attorneys in Texas specialize in a few areas of criminal law. Don’t hire an attorney who handles mostly DWI trials if you are facing fraud charges. More experience means they know the ins and outs of defending your type of case and can produce the best results.

 

Go Local

 

Attorneys are state licensed. You’ll need an attorney licensed in the State of Texas if you are facing Texas criminal charges. But jurisdiction matters, too. Find an attorney who has tried cases in the same court that will try your case. You want an attorney who has worked in the same courtroom you’ll be appearing in and, ideally, one that has a good rapport with the judge and prosecuting attorney who are now your adversaries. So, if you are facing charges in the DFW Area, look for an attorney who practices in the DFW Area.

 

That Personal Touch

 

You’ll also want to find an attorney you are comfortable with on a personal level. If you can’t be open and honest with an attorney, you won’t fair well at trial. Consult with prospective attorneys over the phone or in person to get a feel for whether you want to work with them. You’ll want to find an attorney who can provide clear explanations and talks to you with respect. Also, it helps immensely for your attorney to genuinely care about the outcome of your case and the effect it will have on your life.

 

The Right Criminal Trial Attorney Makes all the Difference

 

Finding the right criminal trial attorney takes a little patience and sound guidance. We hope the above tips can help you select an attorney you feel comfortable with and who can competently represent you at trial, if necessary. Remember, this is your future at stake. Make sure you find a Texas criminal trial attorney who has the experience and resolve needed to fight your charges.

  

If you’re facing criminal charges or want to go to trial 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 so you can move on with your life. 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.

 

10 Quick Tips for Navigating Your Texas DWI Case After an Arrest

10 Quick Tips for Navigating Your Texas DWI Case After an Arrest

Navigating Unknown Territory

 

You never thought you’d hear the words, “I’m placing you under arrest.” by a police officer. Now it’s happened, and you don’t know what to do or who to turn to. Every day in Dallas-Fort Worth, well-meaning citizens are arrested for DWI. Maybe they just had a few drinks with dinner. Maybe they weren’t even over the legal limit, but the officer that pulled them over thought otherwise. If you find yourself in this stressful and unfamiliar territory after a DWI arrest, you are not alone. To help you navigate your Texas DWI case after an arrest, here are ten quick tips our firm has compiled.

 

Invoke Your Constitutional Rights

 

During and after your DWI arrest, it’s important to invoke your constitutional right to remain silent when interrogated by the police.

 

Post Bail

 

It’s difficult to navigate a DWI case from jail. Post bail as soon as you can or enlist a friend or family member to help. You can also call an attorney to post a surety bond, securing your release from jail. You’ll want to jump into action a soon as possible to maintain as much control over your case as you can.

 

Call an Attorney

 

In reality, this can and should be your first step. But if you’ve just been released from jail after a DWI arrest, calling an attorney should definitely be the first thing you do. Without having insider knowledge of the Texas criminal court system and the specific jurisdiction under which you are being charged, you have a very slim chance of successfully fighting your charges.

 

Request a Hearing

 

You have 15 days from the date you receive your notice of license suspension in which to request an administrative (ALR) hearing through the Texas Department of Public Safety (DPS). Your ALR hearing is your chance to fight your license suspension, so take advantage of it.

 

Heed Your License Suspension

 

If you failed to request an ALR hearing or didn’t prevail at your hearing, the DPS will suspend your license 40 days after you receive your notice of license suspension. Watch that date. If your license is suspended, speak with your attorney about obtaining an Occupational Driver’s License (ODL).

 

Discuss Your Options

 

Go over your options for handling your case with an attorney. Do you want a DWI trial? Try to negotiate a plea bargain? Learning about your options will give you peace of mind. Also, it will help you make an informed decision about how to proceed with your case.

 

File Pre-Trial Motions

 

If you are heading to trial, work with your attorney to file any pre-trial motions that may help you, such as a motion to suppress evidence.

 

Prepare for Trial

 

Most DWI cases resolve before trial by way of plea bargains (in our opinion generally not your best option). But if you weren’t offered a plea bargain you can accept, prepare for trial with your attorney so you know what to expect, what to say, how to act and what to do.

 

Go to Trial

 

If you make it all the way to trial, this is your chance to fight your charges full force. Make sure you are working with an experienced criminal defense attorney who has handled DWI trials in the Dallas-Fort Worth area to have the best chance of an acquittal.

 

These steps can help you get through the stressful and at times confusing DWI case process from arrest to trial. If you are ready to take your DWI charges seriously and fight them with all you’ve got, consult with a Dallas-Fort Worth DWI defense attorney immediately to get started.

 

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.

Weighing Your Chances in a Texas Criminal Trial

Weighing Your Chances in a Texas Criminal Trial

Is Trial a Good Idea?

 

Criminal trials are complex legal proceedings. Weighing your chances at a Texas criminal trial is impossible without a full examination of the facts and circumstances of your case. Even then, a good attorney can only give you a general idea of what the outcome may be. For this reason, you should consult with an experienced Dallas-Fort Worth criminal defense attorney to discuss your case. But, in the meantime, here is some helpful information on the factors that can affect the outcome of a trial.

 

Who Decides?

 

Trials in Texas are most commonly jury trials, meaning a panel of jurors decides the verdict and sometimes even the sentence. Jurors are everyday citizens. They are selected to be free from bias and prejudices. But it’s difficult to know how any given jury will decide. An attorney with trial experience should give you an idea of the factors that come into play when juries decide on cases.

 

A criminal defendant in Texas has the right to have the jury decide the punishment. Jurors are educated on sentencing guidelines and instructed on what factors can influence a sentence. In some cases, letting the jury decide the sentence is the best way to ensure a fair punishment. In others, it may be advisable to let the judge decide.

 

The Timeline

 

It could take a while before your case goes to trial. If you are awaiting trial while in jail, your case will move more quickly. But, in general, much of the delay in criminal trials comes from the court’s backlog of cases. In fact, this is why prosecutors are keen to offer plea bargains when defendants plead not guilty. The plea bargain works in the defendant’s and the court’s favor. The prosecutor may offer the defendant a lesser charge or a reduced sentence in exchange for a guilty plea. The court, in turn, reduces its backlog of cases awaiting trial.

 

Every Case Is Different

 

It’s best to explore all your options for fighting your charges with an attorney. While your chances of acquittal may be hard to estimate, a seasoned attorney can evaluate the facts and circumstances of your case and advise you on the best course of action. Trial isn’t for everyone. In many cases, plea bargains are preferable. But it requires going over all the details in your case with a skilled Texas criminal defense attorney to know what your best option is.

 

 

If you are facing criminal 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.

 

The Benefits of DWI Trials in Texas

The Benefits of DWI Trials in Texas

How to Handle Your Texas DWI Case

 

When facing DWI charges, it can be difficult to know where to start and who to turn to. Speaking with an attorney should give you an idea of your options, but not all Texas DWI attorneys have the same approach to DWI defense. Some focus on obtaining plea deals and may pressure you to plead guilty for a reduced sentence. Others take a more aggressive approach and prefer to try every case.

 

In reality, every DWI case is different, but there are clear benefits to DWI trials. Find an attorney who will explain all your options for handling your case but will advise you on the best approach given the facts and circumstances of your offense. DWI trials are a good option for many cases, and here’s why.

 

A High Legal Standard

 

If you choose to plead not guilty, the prosecutor must prove each element of the case beyond a reasonable doubt. This is a high standard of proof and not one that is easily met. Don’t make the mistake of assuming because your BAC (blood alcohol concentration) was .08% or higher that you will be convicted. The prosecutor must satisfy every element of your case.

 

A Look at DWI Trials in Texas

 

If you choose to take your Texas DWI case to trial, you have some options. You can work with an attorney to leverage those options in your favor. For example, you will have a choice between a trial before a judge or a jury. If you have a trial before a judge, called a “bench trial”, the judge will also determine your sentence if you are convicted. If you have a jury trial, you have the choice to either let the judge determine your punishment or the jury. Again, these options give you flexibility and opportunities to maximize your chance of acquittal.

 

A Chance to Negotiate

 

Next, you should know that many DWI cases settle during pretrial negotiations. In these negotiations, your attorney can attempt to negotiate a plea deal (i.e. plea bargain) wherein you exchange a guilty plea for a punishment you can agree on. The court avoids a resource-intensive trial, and the defendant typically walks away with a punishment he or she is OK with.

 

But accepting a plea bargain is essentially accepting a conviction. And, while these negotiations take place, your case can be rescheduled several times. The court has regular delays, and your attorney and the prosecutor both have busy schedules. Note that this period of your case can take some time, but be patient. If you can’t resolve your case with a plea bargain, your case will be set for trial.

 

Prior to Trial

 

Before your case is tried, both sides may gather and submit evidence to the court. Your attorney will also have the chance to file any pretrial motions, such as:

 

  • Motion to Dismiss for Lack of Probable Cause
  • Motion to Suppress Evidence
  • Motion to Strike Prior Offenses
  • Motion to Exclude Testimony

 

A good attorney can strategically file such motions to strengthen your defense.

 

 

This information should give you a general idea of the benefits of DWI trials in Texas. A trial gives you a chance to defend your rights and challenge the prosecution’s argument. But you should speak with a Dallas-Fort Worth DWI defense attorney with trial experience if you are facing DWI charges. An attorney can evaluate all the facts of your case and give you personalized advice on what the best course of action is for you.

 

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.