Top Criminal Lawyer Questions - Houston, Texas

Top Criminal Lawyer Questions in Houston, Texas

Top Criminal Lawyer Questions in Houston, Texas

Hello, everyone! I’m Brian Foley, the managing partner at Houston Criminal Defense Attorneys PLLC, and I’m here to break down some of the most common questions about criminal law cases in Texas. Based in Houston, our firm is dedicated to defending clients facing misdemeanor and felony charges with a focus on protecting your rights and future. Whether you’re dealing with a legal issue or just want to understand the system better, this post has you covered. Let’s dive into the questions!

Misdemeanor vs. Felony Cases: What’s the Difference?

Q: What are the key differences between misdemeanor and felony cases, and how does this affect the defense strategy?

The primary difference between misdemeanors and felonies in Texas is the punishment range and long-term consequences. Misdemeanors range from a fine-only Class C (like a traffic ticket) to a Class B (0-180 days in jail, up to $2,000 fine) or Class A (0-1 year in jail, up to $4,000 fine). Felonies start with state jail felonies (180 days to 2 years) and escalate to third-degree (2-10 years), second-degree (2-20 years), first-degree (5-99 years), and capital felonies (life in prison or the death penalty).

For misdemeanors—like a first-time DWI—our goal is often to protect your record. Jail time is rare unless there’s violence or injury, so we push for dismissals, reductions, or fines to avoid a conviction haunting you. With felonies, the stakes are higher: we’re fighting to keep you out of prison and preserve rights like firearm ownership and voting, which a felony conviction strips away. At Houston Criminal Defense Attorneys PLLC, we tailor our strategy to these stakes—record protection for misdemeanors, freedom for felonies.

How Prior Criminal History Shapes Your Case

Q: How can a prior criminal history influence the defense strategy for a new criminal case?

Your past can change everything. In Texas, prior convictions or even deferred probation can “enhance” a new charge, bumping it up in severity. Take DWI: a third DWI becomes a third-degree felony (2-10 years in prison), and a seventh DWI with two prior prison stints could mean 25 years to life under habitual offender laws. These are “punishment enhancements.” Then there’s “jurisdictional enhancements,” like an assault family violence case: a prior conviction or deferred probation turns a misdemeanor into a felony (2-10 years).

Prosecutors also weigh your history informally, viewing dismissed cases or arrests as “bad acts” that justify tougher offers. Our approach? We challenge enhancements legally—ensuring they’re proven beyond a reasonable doubt—and negotiate to counter the prosecutor’s assumptions, protecting you from unfair escalation.

The Role of Intent in Criminal Cases

Q: What is the role of intent in a criminal case, and how do you prove or challenge it?

Intent—or “mens rea” (mental state)—is crucial unless it’s a strict liability crime like speeding, where intent doesn’t matter. Most crimes, like assault, require proof you acted intentionally, knowingly, or recklessly. For example, throwing a brick at someone intentionally is clear; tossing it into a crowd recklessly still counts if you ignored the risk.

Prosecutors prove intent through your actions before, during, and after the crime—no mind-reading required. We challenge it with testimony or evidence: Why would you act this way if you didn’t mean harm? At our firm, we dissect the state’s narrative to sow doubt about your mental state.

Navigating Plea Deals with Prosecutors

Q: How do you help clients navigate plea deals or negotiations with prosecutors?

Plea negotiations are an art, and you need a defense attorney handling them—never go it alone. Prosecutors judge you by every word, reading into your attitude and deciding your fate based on their gut. At Houston Criminal Defense Attorneys PLLC, we know the Harris County prosecutors, their biases, and how to approach them. We shield you from missteps and leverage our relationships to get the best deal.

Honesty is key. We lay out your options—plea, trial, or alternative resolutions—truthfully, so you can trust our advice when the tough call comes. No sugarcoating, just facts to guide you.

Alternative Sentencing Options

Q: What are alternative sentencing options, and how might they apply in certain criminal cases?

Alternative sentencing, like pretrial diversion, can avoid a guilty plea altogether. Ideal for first-timers with clean records or community ties, it might mean community service, a course, or supervision—then a dismissal. Unlike traditional sentencing (plead guilty, serve time), this keeps your record clean. We pitch these to prosecutors with evidence of your character, offering a win-win: they clear a case, you stay conviction-free.

Facing Charges When Innocent

Q: What should somebody do if they’re facing criminal charges but are innocent?

Guilty or innocent, the process is the same—the system doesn’t know or care until the end. If you’re innocent, we fight for a dismissal, but we also weigh risks. Even the innocent can lose at trial, so we explore dismissals or alternatives like pretrial diversion that mimic a not-guilty verdict’s outcome (e.g., expunction eligibility). You should never plead to something you didn’t do, but we ensure you understand the evidence and odds to make an informed choice.

Under Investigation but Not Charged

Q: What should a person do if they’re under investigation but haven’t been formally charged?

Simple: don’t talk to the police. If they call, say, “Thank you, officer. Please give me your name and number—my attorney will call you back.” Then call us. We offer pre-charge representation, digging into what’s happening—sometimes it’s a federal case with a target letter, or you might have info they want on someone else. Rarely does talking help; usually, it hurts. We can also check for warrants via a bail bondsman and prepare you if charges loom.

Your Rights When Arrested

Q: What rights do individuals have when arrested for a criminal offense, and how can those rights impact the case?

You’ve got constitutional muscle: the Fifth Amendment right to remain silent and to an attorney (for questioning), the Sixth Amendment right to counsel at key stages, and the Eighth Amendment right to reasonable bail and against cruel punishment. Invoke them—“I need my attorney”—and police must stop questioning. These rights can kill a case if violated; statements taken without them often get tossed. We ensure they’re upheld, safeguarding your defense.

Self-Defense in Criminal Cases

Q: How does the concept of self-defense work in a criminal case, and how do you prove it in court?

Self-defense (under Texas Penal Code Chapter 9) justifies force if you faced imminent unlawful force. It’s an affirmative defense—you raise it with evidence (e.g., testimony, photos, knuckle bruises showing the “victim” swung first). We prove it by contradicting the accuser’s story with physical or witness proof, showing your actions were immediate and necessary. Juries love tangible evidence, and we deliver it.

Juvenile Offenders: A Different Approach

Q: How does the legal system treat juvenile offenders, and what are the main differences in defending a juvenile versus an adult?

Juvenile cases (ages 10-16 in Texas) blend criminal and civil law under the Family Code, focusing on rehabilitation over retribution. Unlike adults, juveniles face fewer rights: no automatic bail, warrantless detention at school, and stricter statement rules (needing a parent and court admonishment). Records seal automatically at 19, not expunge.

Defending juveniles prioritizes rehab options—diversion programs, counseling—while adults face harsher punishment tracks. We adapt, pushing for leniency with kids and fighting retribution with adults.

Why Choose Houston Criminal Defense Attorneys PLLC?

I’m Brian Foley, and at Houston Criminal Defense Attorneys PLLC, we bring honesty, strategy, and local know-how to every case. Facing charges in Houston? Visit www.houstoncriminaldefenseattorneyspllc.com or call 713-703-1718 for a consultation. We’re here to fight for you—whether it’s a misdemeanor, felony, or juvenile case.