Frequently asked criminal law questions

Your rights when police ask questions, searches, penalties in Texas, criminal records, and how to choose a defense lawyer — answered by our Texas criminal defense attorneys.

If you have been stopped or charged
It is generally advisable to exercise your right to remain silent and request to speak with a lawyer before answering any questions posed by the police. Anything you say to the police can be used against you in court, so it’s essential to be cautious and seek legal guidance.
Whether a police search was illegal depends on various factors, including the circumstances of the search, applicable laws, and constitutional rights. If you believe that your rights were violated during a police search, you should consult with a qualified criminal defense attorney to assess your situation.
If you were charged with a crime but believe you are innocent, it is crucial to assert your innocence and defend yourself against the charges. Y0u should consult with a skilled criminal defense attorney who can investigate the case, gather evidence, and advocate on your behalf in court.
If you are guilty of the crime you were accused of, you still have options, including negotiating a plea bargain with the prosecution, seeking alternative sentencing options, or preparing a strong defense strategy with the help of a qualified attorney.
Penalties for criminal charges in Texas vary depending on the nature and severity of the offense, as well as other factors such as prior criminal history. They can include fines, probation, community service, incarceration, or other consequences as determined by the court.
Finding a Defense Lawyer
You can obtain a criminal defense lawyer in Houston by conducting thorough research online, asking for referrals, from trusted sources, or seeking assistance from legal aid organizations if you meet their eligibility criteria. It’s always best to talk to a licensed lawyer to get the best understanding of your situation.
While it can be overwhelming to choose the right criminal defense attorney, especially given the importance of your case, there are numerous qualified lawyers available in Houston. Conducting thorough research and seeking recommendations can help simplify the process.
The “best” criminal defense lawyer for your case will depend on various factors, including their experience, track record, specialization, and compatibility with your needs and preference. It’s essential to research and consult with multiple lawyers to find the right fit for your specific situation.
Yes, it is important to hire a lawyer who specializes in criminal law, particularly if your facing criminal charges. Specialized knowledge and experience in criminal law can significantly impact the outcome of your case and ensure that your rights are protected.
Criminal defense lawyers are typically paid by their clients if they hire them. However, individuals who cannot afford to hire a lawyer may be eligible for free legal representation through a public defender or legal aid organization. Here at the Law Office of Bryan Fagan, we have multiple payment options, schedule a free consultation here.  
Yes, there are many competent public defenders in Houston who provide a legal representation to individuals who cannot afford to hire private attorneys. Public defenders are licensed attorneys who are appointed by the court to represent defendants in criminal cases. Keep in mind, you get what you pay for when it comes to legal representation, and your public defender may not be as dedicated as a paid criminal defense lawyer.
You can find a DWI lawyer in Houston, TX, by searching online legal directories, contacting local bar associations, asking for recommendations from friends or family members, or seeking referrals from other attorneys who specialize in criminal defense.
Criminal Records
It is advisable to consult with a lawyer if you have a criminal record, especially if you are facing new criminal charges or seeking to have your record expunged or sealed. A lawyer can provide guidance on you legal options and represent your interests effectively.
You can obtain a copy of your criminal record by requesting one from the Texas Department of Public Safety or conducting a background check through authorized agencies or online services.
You can check if you have a misdemeanor by reviewing your criminal record, which will list any misdemeanor convictions or charges against you.
Similarly, you can find out if you have a felony by reviewing your criminal record, which will indicate any felony convictions or charges filed against you.
Prosecutors & Defense Attorneys
While it is possible for an attorney to transition between being a criminal defense lawyer and a prosecutor, it is uncommon for someone to actively serve in both roles simultaneously due to potential conflicts of interest and ethical considerations.
The number of prosecutors who transition to become defense attorneys varies. Some prosecutors may eventually become defense attorneys due to personal career goals, changes in circumstances, or a desire to advocate for defendants’ rights.
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Law Office of Bryan Fagan, PLLC

Law Office of Bryan Fagan, PLLC