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Houston Lawyer: What Happens When A Person is Arrested For A Crime?

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Consult the Finest Houston Lawyer at the Charles Johnson Law Firm as soon as possible if you or a loved one has been arrested or charged with a criminal offense. Getting legal guidance is essential to make certain that a defendant’s legal rights are safeguarded.

Certain constitutional protections apply to an individual arrested for a criminal offense. Additionally, there are certain procedures that are generally identical from jurisdiction to jurisdiction. Here is a concise explanation of what occurs when an individual has been arrested for a criminal offense.

A person could very well be charged with a criminal offense before they are arrested. If this transpires, a judge is going to issue a warrant for the individual’s arrest. A law enforcement officer will try to find the individual who is the subject of the warrant. If the individual is found by the authorities and arrested, police officers must give the individual a copy of the warrant that declares the charge for which they are being arrested. The authorities do not necessarily have to have a copy of the warrant with them at the time of the arrest, however they must provide a copy to the arrested individual within a reasonable amount of time afterward.

After an individual is arrested, they will be “booked” at the police department. This involves taking fingerprints and completing other procedural requirements. The individual will then be held in police custody pending a court hearing. This hearing will generally take place within 48 hours.

When an individual is taken into police custody, they have the right to contact a lawyer. The individual will likely be permitted to get in touch with a criminal defense attorney. The individual should have at least a brief opportunity to meet with their criminal defense lawyer prior to their preliminary court hearing.

At the court hearing, the judge will read the criminal charges against the individual, who is designated the defendant. If the individual was arrested without an arrest warrant, this will likely be the first time they are told the criminal charges against them. The judge will attempt to ensure that the defendant comprehends the criminal charges. The judge will then ask the defendant to enter a plea. A defendant can enter a plea of “not guilty”, of “no contest”, or of “guilty”.

Even if the defendant is guilty, they are able to enter a plea of not guilty, should they think there is not enough evidence to establish their guilt. In any case, a plea of not guilty may result in a trial where the federal government will be required to establish, beyond a reasonable doubt, that the defendant is guilty of the criminal offense for which they are being charged.

A jury will need to decide, dependent on the evidence introduced by both sides, whether or not the defendant is to be found guilty or not guilty. In many cases, a defendant may possibly waive their priviledge to a jury trial, and the judge will determine if they are guilty or not guilty primarily based on the evidence which is offered. The defendant should speak with their criminal defense lawyer about whether or not they should waive their priviledge to a jury trial.

If the result of the trial is that the defendant is found not guilty of the violations charged, they can be released from police custody. If the result of the trial is that the defendant is found guilty or if there isn’t a trial due to the fact that the defendant entered a plea of no contest or of guilty, then there will be a sentencing hearing.

There will be evaluations of the defendant that are performed prior to the sentencing hearing. By way of example, if the criminal offense is DWI, the defendant may be evaluated to determine if they have a substance abuse issue. The court will also prepare a pre-sentencing report, which is basically an investigation into the previous criminal history of the defendant. This knowledge helps the judge determine an appropriate sentence.

At the sentencing hearing, there will be an opportunity for individuals to speak with the court about what factors they feel the court should take into account in determining a sentence. These individuals can include the victim of the criminal offense, the victim’s family, the defendant, the defendant’s family, and any other interested party.

The judge will take into consideration all of the evidence shown and any sentencing requirements. The judge will then enter a sentence for the defendant. If the criminal offense was fairly minor, and the defendant has been in custody throughout the entire court process, some may have already served the jail time that has been imposed by the judge. If the criminal offense is more severe, the defendant could possibly face substantially more prison time. Furthermore, a criminal sentence may involve more than serving time in jail. The defendant may be ordered to pay fines, to provide restitution to the victim, to undergo treatment for substance abuse or mental problems, to perform community service, or many other things.

Any person who is arrested for a criminal offense should hire an experienced Houston Lawyer with practical experience in criminal defense to represent them. This is the most effective way to make certain that their legal rights are defended, and that they obtain the finest possible outcome.

If you or someone you love has been arrested, you probably aren’t sure where to turn or what to do next. A positive first step is to contact the Charles Johnson Law Firm as soon as possible, 24 hours/day. Houston Lawyer Charles Johnson will guide you through the complicated maze of the justice system and help you to remain calm during this stressful time.

Houston Criminal Lawyer » Charged with a Crime Recently? Take A Look at Your First Order of Business

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Houston Criminal Lawyer Charles Johnson will be available round the clock, seven days a week to take your call. He will make himself accessible to meet with you for an initial free consultation to discuss your case at a time and date and location that is handy for you.

Consulting with Houston Attorney Johnson is suggested for individuals charged having a crime, simply because persons accused of crimes will probably be able to much better comprehend the charges that have been brought against them and what defense is available for those charges. It’s a constitutional right for anyone charged with a crime in the United States to have fair and competent legal counsel in a court of law or to have the ability to represent themselves in a court of law, according to the Sixth and Fourteenth Amendments.

Houston Criminal Defense: Employ the Top Criminal Defense Lawyer » Charles Johnson Law Firm

Anyone that has been charged with a crime should consult the advice and the representation of the Best Houston Criminal Lawyer to help understand the nature with the charge, what defenses are available for the crime, if plea bargains are obtainable, and what could happen if the defendant is convicted of the crime. They are able to also help to identify pretrial problems and bring about essential motions either prior to or during the trial that can help to have the charge dismissed or have the charges lessened. Consulting with your attorney can mean the difference between serving a 20 year jail term and getting your case dismissed. Mr. Johnson is experienced in defending those charged with a variety of various crimes and studies the ever altering laws.

If You Are Charged with a Felony or Misdemeanor

Waiting to consult a criminal defense attorney until a person is charged with committing a crime can be detrimental to that person’s case. A person suspected of committing a crime, whether or not they actually committed the crime, should consult with the Most Dedicated Houston Drug Crimes Attorney immediately. Immediacy is an important factor when creating a defense to a criminal charge and the Most Respected Houston Attorney will start working on a defense as soon as feasible.

State vs. Federal Crimes

There are differences in between becoming charged having a state criminal offense or a federal criminal offense. Any individual charged for a crime ought to inform their attorney as to which level crime they have been charged simply because the defense that the lawyer prepares will be different if the crime is a state level charge or a federal level charge.

Contact Attorney Charles Johnson for a free consultation. He’ll fight hard to protect your rights throughout the legal process.

We can be reached 24 hours a day, 7 days a week.
Call us at 713-222-7577 or toll free at 877-308-0100.
Major Credit Cards Accepted.

➥ Most Dedicated Houston Criminal Lawyer » You’ve Been Arrested. Now What?

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Being charged with a crime in Houston is a extremely scary moment in your life. The federal government has the power to take away your liberty for the rest of your life. A quite complex process starts to operate the minute that you are arrested by the police. It truly is frightening and bewildering.

In this article we will give you a good idea of the criminal process and what you might expect should you are ever charged with a crime. Nevertheless, these are generalities only. The real answer is determined by the form of criminal offense you were charged with, the circumstances surrounding it, the county you are in, etc. Only those who understand the criminal law process, and realize how to make it work, will be able to genuinely tell you what to anticipate in your particular case. This is certainly an area of the law you do not ever want to handle all by yourself.

Experienced Houston Lawyer: The Charles Johnson Law Firm

The Charles Johnson Law Firm will always provide a free of charge consultation to anyone charged with a criminal offense. You should take advantage of that free consultation asap. Having a criminal defense attorney is extremely important to successfully getting through the criminal process. Receive a complimentary initial consultation by calling Houston Criminal Defense Lawyer Charles Johnson now, 24 / 7, 365 days a year.

The following are the steps you might expect to happen, and what each step in the process means to you:

Stop and Arrest

The whole process starts with a stop or a charge by the authorities. A stop isn’t as formal as an arrest. A police officer will stop you to make inquiries. They cannot stop you unless they have a reasonable belief that you violated what the law states. What is a valid “reasonable suspicion”? There are a million court cases answering that question and Houston Criminal Defense Attorney Charles Johnson will be capable of giving you many examples during your no charge consultation.

Nevertheless, understand that you always have the right to remain silent, even if you are merely stopped and questioned. You do not have to answer questions from law enforcement at any time. The truth is, everyone ought to know their constitutional rights relating to criminal law.

If you are in a vehicle, the law enforcement officer may very well ask to search it. The authorities cannot search your automobile unless they have “probable cause”, or you consent. Some might seek your consent mainly because they do not quite have “probable cause.” You do not have to provide your consent to a search of your automobile. Some may search your automobile later, nevertheless your attorney will be able to then challenge the probable cause law enforcement asserted as being a reason to search the automobile. Should you give your consent, the authorities do not need any other reason to search your vehicle, and your attorney will have considerably less to challenge in the courtroom.

“Probable cause” is more serious than “reasonable suspicion”, however there are a million court cases explaining it too and a Houston Lawyer will explain those during your consultation. You cannot challenge a law enforcement officer’s assertion of probable cause until later, in the courtroom. Once again, let your lawyer handle that question later.

Typically, a police officer is able to charge you should they have probable cause to believe you committed a crime, or if there is a warrant out for your arrest. If a stop and search lead to an arrest, you must in no way resist it. If it isn’t really valid, you may wish to do so, however you cannot legally challenge it until later. Resisting arrest is a crime itself. The optimal advice if you are arrested is to be calm, be silent, and demand a lawyer before they ask you any type of questions.

Booking

After being arrested, the police officer will “book” you. This is the process where they take your fingerprints, get your mug shot, do a background check, and ask you questions. Remember, you have the right to remain silent and the right to demand an attorney. You do not need to respond to questions. They aren’t going to let you out of jail even should you respond to all their questions. Just always be calm, always be silent, and let Attorney Johnson deal with things later. That’s the best you can do.

Charging


The charge originates from the prosecutor, not police officers. The victim does not get to charge you, and contrary to popular belief, they don’t get to drop the criminal charges either. The prosecutor will often take into account the wishes of the victim, nevertheless they do not have to. You are within the hands of the state subsequent to being arrested. They cannot hold you indefinitely, however. You must be arrested for a criminal offense within a certain limited amount of time or they have got to release you.

Arraignment

This is where the Judge or Magistrate will formally read your criminal charges and let you know your rights. You should have asserted your priviledge to an attorney before now. If not, do so now. If you are asked how to plea, and you do not have a Houston criminal defense lawyer, you must say “not guilty.”

The Magistrate will determine whether or not you ought to be released, and if so, how much your bail will be. Bail is the amount of cash you, or another person else, must post with the court so they can be sure you will reappear. In the event you do not, your bond is going to be forfeited, and the county retains it.

If bail is set, another person has to post it for you or hire a bail bondsman to do so. If you hire a bail bondsman, and you run off, the bondsman loses the bail money to the court. In the event that happens, they send another person after you – a bounty hunter. Furthermore, there will be a warrant out for your arrest. In some cases you might be released on your own “recognizance”, which just means there is absolutely no bail. Nevertheless you are now in the system and will have to appear for additional proceedings.

Discovery

Discovery is a pre-trial process where the prosecutor needs to give certain information and facts to your criminal defense lawyer. Attorney Charles Johnson will be permitted to see all of the evidence against you before trial. There aren’t any secret, last minute witnesses permitted.

Pre-Trial Motions

This is the top reason to remain silent, not give your consent to a search, and demand an attorney in the event you are arrested. Your lawyer might prepare any number of pre-trial motions. They frequently ask the Court to exclude certain evidence from trial if it was gained in an illegal or impermissible fashion. It is difficult to suppress evidence if you spoke voluntarily or gave consent to a search.

Plea Bargaining

This is known as a fancy word for negotiations. If the two sides reach an agreement, you will usually be required to plead guilty to one or more of the charges to obtain the deal which has been reached. This involves going to court, answering several questions from the Judge, and indicating to the court on the record that you are guilty to the charge agreed upon by your criminal defense attorney and the prosecutor.

Trial

If the prosecutor and your lawyer are unable to reach an agreement on a plea bargain, you will normally go to trial. Trial is where the government needs to put on evidence that you committed a transgression, in most cases including producing witnesses live in court to testify. You do not have to testify. You do not need to put on any type of evidence whatsoever. The government has to demonstrate its case, and it needs to demonstrate it beyond a reasonable doubt.

Sentencing

If you are found guilty, or if you enter a plea of guilty based on a plea bargain, you will undoubtedly be sentenced by the Court. The Judge will make a decision on the suitable punishment. This might end up being anything from probation to active prison time. There are guidelines that apply and allow the Judge a general range of punishment choices.

Houston Criminal Defense Attorney Charles Johnson can do a lot for you personally at sentencing, including making sure that all the procedures are followed, arguing for lesser guidelines, and arguing circumstances which would allow the Judge to sentence you to lower than that called for in the guidelines. Also, Attorney Johnson will help you before sentencing by informing you what measures you might take to make the Judge more likely to be lenient on you. For instance, if you are charged with drunk driving, and take a class or go to rehab, the Judge may take that into consideration when sentencing you.

Aggressive Houston Attorney: The Charles Johnson Law Firm

I have tried to provide you with a good overview of the criminal process, with a few tips on how best to deal with important things at each stage. But I should repeat my first and most important advice here: call Houston Lawyer Charles Johnson whenever a criminal charge is made against you. It is no joke, and you could lose your protection under the law, your money, and your independence.

Remember, we offer a no cost consultation for any individual charged with a criminal offense. You should take advantage of that no charge time to better understand the exact nature of your situation, and what is likely to take place at trial or sentencing.

If I Have Not Been Arrested, How Do I Find Out If I Am Charged With A Crime?

If there is reason to believe that you have been charged with a crime, you may wish to have an attorney contact the police or prosecutor to find out if a warrant has been issued for your arrest. Many people who have been charged with criminal offenses do not find out about the charges until they are stopped for traffic violations. The police, while checking their identification, find “outstanding warrants” for the person. Sometimes, the warrants have a “limited pick-up radius,” or the police officer does not believe that an immediate arrest is necessary, and the officer will simply inform the driver that a warrant has been filed and that the driver should report to the police agency that requested the warrant. At other times, the officer will make an immediate arrest, and will take the person into custody.

If you or someone in your family may have a warrant issued for their arrest, you probably aren’t sure where to turn or what to do next. You can do several things right away to gain information and control. A positive first step is to contact the Charles Johnson Law Firm. Houston Criminal Defense Attorney Charles Johnson will guide you through the complicated maze of the justice system. We can be reached 24 hours a day, 7 days a week. Call us at 713-222-7577 or toll free at 877-308-0100.

What Happens After I Am Arrested?

After being arrested, a person is “booked” by the police. Ordinarily, the police obtain identifying information from the suspect, such as his name, address, telephone number and driver’s license number. The person is checked for outstanding warrants for other offenses. Usually, the police take the suspect’s photograph and fingerprints. They make a record of this information, along with the nature of the crime charged, and usually an assessment of the suspect’s physical condition. If a person is under arrest at the time he is booked, he will ordinarily be thoroughly searched. If the arrest was legal, any evidence found in this search can be used as evidence in court.

If you or someone in your family has been arrested, you probably aren’t sure where to turn or what to do next. While the arrest itself is a daunting situation, you can do several things right away to gain information and control. A positive first step is to contact Houston Criminal Defense Lawyer Charles Johnson. Attorney Johnson will guide you through the complicated maze of the justice system.  We can be reached 24 hours a day, 7 days a week.  Call us at 713-222-7577 or toll free at 877-308-0100.

What Can The Police Charge Me With?

A person who has been stopped by the police may be ticketed for a “civil infraction,” may be ticketed or arrested for a “petty offense” or “misdemeanor,” or may be arrested for a “felony,” or may be released. It is possible for the person to later be charged, when the police complete their investigation.

Sometimes, the person will be informed that charges have been filed, and will be asked to present himself at the police station by a particular date and time.

At other times, a “warrant” for the person’s arrest may be entered into the state’s computer system, informing police officers to arrest the person if they find him. If the charges are serious, the police may go out to arrest the person.

Civil Infractions

A “civil infraction” is not a crime, although it is a charge filed by the state. The state has to prove that you committed a civil infraction by a “preponderance of the evidence,” which is to say; that it is more likely than not that you committed the violation. This is a much lower standard than the “proof beyond a reasonable doubt” standard that applies in civil cases. The typical civil infraction is decided by a judge or magistrate, without a jury, in what is typically a short proceeding.

Petty Offenses

Some states have a class of “petty offenses,” where the defendant may be tried without a jury before a judge or magistrate. Typically, the only punishment for a “petty offense” is a fine. However, these offenses may be of a criminal nature. If you are not sure whether you are charged with a criminal offense or a civil infraction, consult a lawyer.

Misdemeanors

A “misdemeanor” is a criminal offense, and conviction ordinarily results in a criminal record. Misdemeanors are technically less serious offenses, although the consequences of conviction can nonetheless be quite severe. Possible punishments for misdemeanors include imprisonment, probation, fines, and at times driver’s license sanctions. Some misdemeanors are classified as “sex crimes” and require that a convicted person be registered as a “sex offender”, and keep the police informed of his place of residence — a requirement that may continue for life.

Felonies

Felonies are the most serious offenses that can be charged. Sometimes, the distinction between “felonies” and “misdemeanors” seems arbitrary. However, all of the most serious criminal offenses (such as murder, sexual assault, embezzlement, burglary, robbery, arson, and treason) are felonies.

If you or someone in your family has been arrested, you probably aren’t sure where to turn or what to do next. While the arrest itself is a daunting situation, you can do several things right away to gain information and control. A positive first step is to contact the Charles Johnson Law Firm.  Attorney Johnson will guide you through the complicated maze of the justice system.

What Happens If I Am Stopped by the Police?

When Will The Police Stop A Person?

Generally, the police will stop a person for committing a traffic violation, for suspicion of being engaged in criminal activity, or to arrest the person for a crime. After being stopped by the police, a person will typically be questioned.

Can The Police Stop And Question People Who Are Not Under Arrest?

Yes. The police can stop a person, and ask questions, without “arresting” the person. Upon seeing suspicious activity, the police may perform what is called a “Terry Stop,” and may temporarily detain people to request that they identify themselves and to question them about the suspicious activity. The scope of a “Terry Stop” is limited to investigation of the specific suspicious activity, and if the police detain people to question them about additional matters, the stop can turn into an “arrest.” For their own safety, the police can perform a “weapons frisk” on the outside of a person’s clothes (sometimes called “patting down the suspect”) during a “Terry Stop.” During this frisk, if they feel something that may be a weapon, they may remove it from the suspect for further examination. However, they are not entitled to remove items from person’s pockets that do not appear to be weapons, even if they believe that the items are contraband.

When Is A Person “Under Arrest”?

Many people think of an arrest as being a formal declaration by the police, “You are under arrest,” followed by the reading of the “Miranda” rights. (As seen on TV: “You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be appointed to represent you.”)

Reality is a bit more complicated. An arrest occurs when a person no longer reasonably expects that he is free to leave. A “Terry Stop” is not an arrest, even though the person can’t leave during the investigatory questioning, as the detention is of short duration and is limited in its scope. (A “Terry Stop” may involve little more than a short series of questions, such as, “What is your name? Where do you live? Why are you here?”) However, if a person is not allowed to leave the scene for an extended period of time, the person may be considered to be “under arrest,” even though those words are never used. If a person is handcuffed, is locked in the back of a police car, or is otherwise restrained from leaving, the person will ordinarily be considered to be “under arrest.”

If The Police Ask To Search Me, My House, Or My Car, Do I Have To Say “Yes”?

No. You can refuse the police permission to conduct a search. Remember this – the only reason the police officer wants to perform a search is for evidence of criminal activity, and the fact that he is asking reflects an expectation that he will find some. You are entitled to say “No.” If the police officer has the legal right to perform the search, he will do so whether or not you agree. However, if he does not have the legal right to perform a search, your consent gives him that right.

During an investigative stop, or a traffic stop, a police officer may ask if he can search you or your car. However, if you give the police officer permission, he can perform the search even if he otherwise had no legal right to do so. Some people don’t know, or forget, that they have an “open” bottle of liquor in the car – a bottle with the seal broken, whether or not the cap is off. Sometimes, people have knives or other weapons which can be classified as illegal “concealed weapons.” Sometimes, people forget that they have contraband in their cars, such as illegal drugs, or find to their chagrin that their teenaged child dropped a marijuana cigarette in the car. Unless you are the only person with access to the interior of your car, you may be in for a surprise if you grant permission for a search.

Do The Police Have To “Read Me My Rights” When I Am Arrested?

The police have no obligation to formally announce the arrest when it occurs, or to read a suspect his “Miranda Rights.” Typically, at some point the police will inform a suspect that he has been arrested. However, many defendants never receive their “Miranda Rights,” which relate to the validity of police questioning of suspects who are in custody, and not to the arrest itself.

What Is The Difference Between A “Terry Stop” And An “Arrest.”

While a “Terry Stop” can be made upon “reasonable suspicion” that a person may have been engaged in criminal activity, an arrest requires “probable cause” that a suspect committed a criminal offense.

Can the Police Arrest Me Without A Warrant?

For most misdemeanor offenses, a police officer can only make a warrantless arrest of a suspect if the offense was committed in the officer’s presence. (A notable exception is “domestic violence,” where the police are typically required to make an arrest, despite the fact that “domestic violence” charges are almost always misdemeanor offenses.) Officers can arrest people for felonies based upon witness statements, or where a warrant for the person’s arrest has been issued.

What Happens If I am Arrested Without Legal Cause?

It is important to note that an “illegal arrest” does not mean that a person can’t be charged with a crime. If a person is arrested illegally, and is searched or questioned by the police, evidence gained through the search or questioning may be declared inadmissible. However, there are circumstances where that evidence will be admitted into court despite the illegality of the arrest. Further, if a person has outstanding warrants for other charges, he may be detained on those charges, even though his initial arrest was illegal.

If I Am Arrested, Can The Police Search Me?

When the police make an arrest, they get the power to search the suspect and his immediate surroundings “incident” to that arrest. If the police arrest a person who was driving a car, they ordinarily get the right to search the entire passenger compartment of the car – and will usually also be able to search passengers for weapons. If the car is impounded, the police may perform an “inventory search” of the entire car, including the contents of the trunk.

If you or someone in your family has been arrested, you probably aren’t sure where to turn or what to do next. While the arrest itself is a daunting situation, you can do several things right away to gain information and control. A positive first step is to contact the Charles Johnson Law Firm.  Attorney Johnson will guide you through the complicated maze of the justice system.

We can be reached 24 hours a day, 7 days a week.
Call us at 713-222-7577 or toll free at 877-308-0100.
Major Credit Cards Accepted.

 
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