I have a criminal case pending in Dallas , Tx for theft and was told that to get the best results I would need to hire a lawyer that was a former prosecuter because he has ties to the courts ,judges, and current Da and could get me a better deal.
I believe an excellent read for any person accused of a crime is to read an e-book written by Florida criminal defense attorney, Brian Tannebaum. The full e-book is located here, and I believe it to be an incredibly insightful resource:
Tannebaum's response to your question is written as follows:
Ads in the yellow pages are filled with the “FORMER PROSECUTOR” and “AGGRESSIVE FORMER PROSECUTOR” tag line. I quip that there is a difference between a former prosecutor and a criminal defense lawyer. This “I am a former prosecutor” line is my favorite reason people refer and hire criminal lawyers. The prevailing thought is that if someone used to put people in jail, they are the best person to hire to keep someone out of jail. Listen, are you that gullible?
No, I am not a former prosecutor, and if I were, you bet I’d prominently display this somewhere. Not because it actually matters, but because the public eats it up. Now let me ask you this? Is a former prosecutor a better defense lawyer? Do you know? Do you care? I know what you think. He worked in the office, he knows the inside/out of the system, and he has “juice” in the prosecutor’s office.
First, most prosecutors are in the office 3-5 years. When they leave, most of their “connections” leave or
have left as well. Sure, they know the staff, and may get a call taken here and there, but they don’t own the place. And I’m not even talking about the prosecutors who leave, go to civil firms and “take” some criminal cases. Stay far away from them. They’re about as committed to criminal defense as the real estate lawyers in the firm. Also, many prosecutors leave the office to become defense lawyers for “the money.” They are about as passionate about representing criminal defendants as a kid who is ordered to clean his room.
If you choose to hire a former prosecutor, make sure you hire him for his defense experience, and definitely make sure if he has recently departed from the office, you ask why he left (no one ever does).See question
i remember everything that happened that night. I was driving in the speed limit and the only reason i got pulled over was because i hit a curb but the street was new to me and the road was kind of confusing.Also, i was right outside my destinatio...
First of all, Macy is correct above - DWI cases is a very specific form of law. There are many variables that you should be considered. You should start familiarizing yourself on how there is a criminal aspect of your case (likely at the Frank Crowley Dallas County Criminal Courthouse), and a civil aspect as well (the ALR hearing - which is the portion pertaining to your privilege to drive a motor vehicle). Either way, it sounds like you very well could have a viable defense. You mentioned that "you were already in bed when this happened?" The state may have trouble actually proving you were the one "operating" - or "wheeling" - the vehicle. You also did not take a chemical test, which in your case, could help and/or hurt. If you had two drinks, it should have been eliminated at 5am whenever you hit the curb. At any rate, you need an experienced DWI Defense attorney to go over your options with you to help you decide on how to proceed next. It is important to remember that a DWI conviction remains on your record for your entire life. And simply pleading guilty can cost a great deal of money in court costs, fines, DPS surcharges, possible restitution if there was damage done to the curb or median you might have hit, etc. You have some issues you can work with, but you do need an attorney who will properly analyze those issues.See question
What is the process like? How long does it take? Do you usually need a lawyer or is it possible to do it without one? Thanks
You would first need to see if you are indeed eligible. Certain charges have waiting periods, especially for felony offenses. If you are eligible, you need to file what is called an order for a non-disclosure, which will effectively seal your records. You can file something like this yourself, but I personally would hire an attorney to do it for you. The information listed has to be absolute correct, and most importantly, all possible relevant entities listed. It is a complicated process that does need to be done correctly. In the grand scheme, because of the important of the matter, I would want a legal professional making sure it is done right, and nothing is left to chance. I encourage all my clients to file an expunction or a non-disclose when's eligible, even if not through my office. It's not wise to wait until it shows up when you apply for a job - in that circumstance, it is too late and you have lost the opportunity for employment you were seeking.See question
Several months ago I was arrested and charged with Class A assault family violence. My attorney had originally stressed to me the importance of discovering the exact evidence the prosecution would have available at trial. However, after learning ...
Great answer Mr. Briody.See question
I dont have a drivers licenses, and im a immgrant do i want to see if there is anyway to get it drop because i have family here and dont want to leave them at all .
I would love to assist. I have at least 5 different overlapping immigration related to DWI cases. I've almost made it my direct mission to master the two subjects, because they are polar opposite. www.carlcederlaw.com or 214-2000-DWI (394). Call anytimeSee question
Hi, I was arrested for class C misdemnor,theft under 50 in aTX and the case was dismsissed after a pretrial diversion. I wish to know: #1.is class C misdemnor in tx arrest reported to FBI #2..will expunction remove from the NCIC databa...
You are in luck, you can get this expunged 180 days from the arrest if you successfully completed deferred adjudication. The rules regarding Texas expunctions were amended in the most recent legislative session. Among many minor adjustments the Legislature worked in one significant change that relates to Class C Misdemeanor offenses. Previously, when a person received deferred adjudication for an offense filed as a Class C (filed in a municipal court or justice of the peace court), they would be entitled to file an expunction after completion of the probation period and dismissal, but only after the 2 year statute of limitations expired. This rule was a product of the Texas Supreme Court's holding in the Bhat case. Effective September 1, 2011, the Texas Legislature overrode that decision by amending Section 55.01 of the Texas Code of Criminal Procedure.
The new law permits an individual who has a Class C Misdemeanor dismissed by way of deferred adjudication to file for an expunction after the expiration of 180 days from the date of arrest (or noncustodial arrest). The language which overrules the Bhat decision is subtle: "a person is entitled to have all records and files relating to the arrest expunged if: . . . an indictment or information charging the person with the commission of a misdemeanor offense . . . has not been presented . . . and at least 180 days have elapsed." Because Class C Misdemeanors are filed by method of sworn complaint, an indictment or information is never presented. In normal legislative fashion, this is a long and confusing way of saying that a Class C dismissed by deferred adjudication is no longer subject to the 2 year statute of limitation.
Unfortunately, the amendment does not apply in the case of a Class C reduction--when a higher level misdemeanor is reduced to a Class C through negotiation. The mere act of reducing a charge to a Class C means that the individual has been charged with something greater. Since anything greater than a Class C is charged by information or indictment, the 180 day rule cannot apply. Class C reductions are still subject to the 2 year waiting period.
One final caveat presents a minor hurdle to a full expunction of the criminal charge. The legislature provided that the court shall permit the prosecuting attorney and law enforcement agency to retain "arrest records and files" of any person who becomes entitled to an expunction by virtue of the 180 day rule, unless the prosecutor certifies that the records are "not needed for use in any criminal investigation or prosecution, including an investigation or prosecution of another person." Whether municipal prosecutors will be receptive to such certifications is yet to be seen.
I had an aggrevated dwi, but it was dropped to a DWI. Its my first offense. I've never been in any trouble before. I also received 3 yrs probation-can this time also become less if I am behaved? My license is revoked for 6 months, do I get my cdl ...
Unfortunately every state operates license suspensions differently. In Texas, for a first DWI offense, they lose their CDL privileges for at least a year.See question