March 1, 2008

Collin, Dallas or Denton County, Texas DWI Attorney: How long does the DWI Criminal process take?

From the time you are arrested until the time your DWI case is over depends on several different factors. These factors include what county you were arrested in, the police agency that arrested you, what court your case is filed in, and the seriousness of your DWI (1st offense, 2nd offense, Felony, etc.). As a general rule, it can be anywhere from 3-6 months before you have to make a decision to plead guilty or set your case for trial. If you decided to set your case for trial, it can be anywhere from 4 months to over a year before your trial date.

February 25, 2008

Collin, Dallas or Denton County, Texas DWI Lawyer: Arrest of a Citizen for DWI

The first step in a DWI is the arrest of a citizen. Before you can be arrested for a crime, an officer must have a reasonable suspicion of criminal activity to pull you over (reasonable suspicion in a DWI is usually a violation of a traffic law such as speeding) and probable cause to arrest you for DWI (probable cause can be as small as having bloodshot eyes or an odor of an alcoholic beverage). Officers usually develop probable cause by administering field sobriety tests to a citizen. After these tests the citizen is normally handcuffed and transported to a jail facility where he or she is asked to submit to a breath or blood test.

February 20, 2008

Collin, Dallas or Denton County, Texas DWI Attorney: Bail, getting out of jail

Once arrested, you must post a bond (bail) to get out of jail. The bond is your promise to appear at your court settings. The amount of you bond depends on the county, the seriousness of the charge and your criminal history. You post a Cash Bond (where you put up the entire amount), or a bail bond through a bondsman. If you post cash a bond, you are entitled to that money back (minus a small percentage to the court clerk) once your case is over. If you use a bond company any amount you paid to the bondsman will be retained by that bondsman as their "fee" for putting up the rest of the money for you.
PLEASE NOTE: If you bonded out of a city jail (i.e. Frisco, Plano, McKinney, Richardson, Denton), you will probably have to go to the County Jail to get processed in. You usually need to do this within 10 days of your release. If you were taken directly to the County Jail (McKinney for Collin County, Lew Sterrit for Dallas County, or Denton for Denton County), you would not need to go back to check yourself in.
CONDITIONS OF BOND: The judge or magistrate may also require certain conditions of bond if they choose. One of the most common conditions is that you install an ignition interlock device on your car. This is actually a REQUIREMENT of your bond if you are charged with DWI 2nd.

February 19, 2008

Collin, Dallas or Denton County, Texas DWI Lawyer: Filing of a DWI

After an arrest, the arresting officer will complete a written report and send it, along with any videos and blood/breath test results, to the District Attorney’s office in the county of the arrest. Once the evidence arrives at the DA’s office, attorneys in the intake division review the evidence and decide whether or not to accept the case for prosecution and file an “Information” with the court (this is the misdemeanor process) or submit the information to a grand jury for an indictment (this is the felony process).
Very rarely, cases are dismissed by the district attorney. The district attorney will accept the case for prosecution in almost EVERY DWI case. If you have been arrested for a misdemeanor DWI, it usually takes 20-40 days from the date of your arrest before the case is filed and you are issued your first court date. The felony process is much longer and it can be several months before your case is presented to a grand jury and you are issued a court date.

February 17, 2008

Collin, Dallas or Denton County, Texas DWI Lawyer: First Appearance, Announcements, Plea Settings, and Pre-Trial Dates

The courts title settings (dates you are required to attend court) as: first appearances, announcements, plea setting, and pre-trial dates.
First Appearance— the “first appearance” is the first setting that an accused citizen must attend. At the first appearance, the court and the district attorney is informed whether you are represented by counsel. As your attorney, I will then visit with the prosecutor and learn more about your case, request a copy of the police report and drop off a video to get a copy of the video of your arrest and/or breath test. It usually takes the district attorney’s office a month to send all the information to my office.
Announcement Settings--Depending on the court, there will be 2 or more announcements. The purpose of the announcement settings is to inform the court whether we are ready to set your case for a trial or a plea. Your presence at these setting may or may not be required depending on which court your case is assigned.
Plea Settings—If you decide to plead guilty in your case, the court will assign you a plea setting. At this setting, you and I will stand before the judge and enter you plea. After that, you will make arraignments to pay any fine or court costs and meet with the probation department or make arraignments to serve out your sentence. No matter what they are called, these announcements are simply court settings, where I will have the opportunity to visit with the prosecutor and learn more about your case. I will speak with the District Attorney handling your case, get a look at a police report and drop off a video to get a copy of the video of your arrest and/or breath test.
Pre-Trial Setting—The pre-trial setting is usually held the Thursday before your trial date. At this setting, the judge will inform us whether or not your case will be reached on trial date. If it is reached, you will be required to show-up on the trial date. If it is not reached, your case will be reset. It is important to remember that there are other trials set the same day as yours. The oldest trial usually will be tried first.
Length between settings—Depending on the court, there is usually two weeks to one month between each of the above settings
Are you Required to Attend the setting-- I will attend ALL of these court settings. Occasionally, though, I will have a conflict where I cannot attend, I may have another attorney cover the setting. Depending on the county and the judge, you may or may not have to attend these settings. In general, you do nothing at these hearings except to show up and prove you haven't fled the country.

February 15, 2008

Collin, Dallas or Denton County, Texas DWI Attorney: Video Review Session

With all of my DWI cases, I will hold a video review session. During your video review session, we will look at the police report from you case, and review any video evidence from your case. I explain the legal and factual issues that are either good or bad for you. After we go through the entire video and all police reports, I will give you my opinion on what I think your chances are if we were to go to trial and the pros and cons of going to trial or entering a plea deal. It will then be up to you to decide if you want to plea not guilty and have a trial, or to plea guilty and accept the state's plea bargain offer.

February 10, 2008

Collin, Dallas or Denton County, Texas DWI Attorney: Trial

If you plea "not guilty," you will have a trial in which either a judge or jury will determine whether or not you are guilty beyond a reasonable doubt. You may either have a bench trial in front of a judge or a jury trial in front of other citizens. In general, most trials are held before a jury.
The jury trial will start with vior dire or jury selection. It is the attorney's opportunity to talk with the potential juries about their thoughts and beliefs. In a misdemeanor DWI cases, the judge brings in about 20-25 people. From them, 6 jurors will be selected to sit on your case.
After opening statements, the state will put on their case. They may call as many witnesses as they wish, but in general will only have a few. Any officers on the scene, anyone working the breath test machine, any possible witnesses to your driving, and possibly the "Technical Supervisor" of the breath test machine.
After the state's case, we may or may not call any witnesses. You will have the opportunity to testify if you wish, but generally you do not need to do so. If you do not testify, the jury will be instructed not to hold that fact against you in your case.

February 5, 2008

Collin, Dallas or Denton County, Texas DWI Lawyer: Punishment Phase

If you are found guilty by a judge or a jury, the case will proceed on to a punishment phase. During this phase, the state may bring up your criminal history and make a sentence recommendation to the judge or jury. Juries usually give less punishment that judges. However, most people have the judge assess punishment in their case because it is usually easier to predict how a judge will punish certain defendants. Before the trial begins, we will discuss the pros and cons of electing the judge or the jury to assess punishment.

February 1, 2008

Collin, Dallas or Denton County, Texas DWI Lawyer: Expunction / Clearing Your Record

If you are found not guilty by a judge or a jury, you will eligible for an expunction of your record. However this does not happen automatically. The expunction process requires filing and expunction request with the court and sending the signed expunction to law enforcement agencies to remove all references to your arrest from databases. Once you are found not guilty, I will guide you through the expunction process and clean your record.