Criminal Defense FAQ's
FAQ
Common Criminal Defense Questions
At the Law Offices of Shawn C. Brown P.C., we understand the stress and uncertainty that can come with facing criminal charges, whether at the state or federal level. Our team of experienced, award winning attorneys is here to provide you with the guidance and support you need during this challenging time.
Below, you’ll find answers to some common questions about criminal defense and federal criminal crimes in Texas. If you have additional questions or need personalized legal advice, don’t hesitate to contact us. We’re here to help you navigate the complexities of the legal system and fight for your rights.
If you're arrested in Texas, it's crucial to remain calm and assert your rights. You have the right to remain silent and the right to an attorney. Exercise these rights and refrain from making any statements to law enforcement until your attorney is present.
In Texas, individuals may be eligible for expunction or nondisclosure of certain criminal records under specific circumstances. Expunction completely removes the record from public view, while nondisclosure seals the record from public access but may still be visible to certain entities like law enforcement. Eligibility criteria vary based on factors such as the type of offense, the outcome of the case, and the individual's criminal history.
Individuals in Texas have rights during police encounters, including the right to refuse searches without a warrant (with some exceptions), the right to remain silent, and the right to legal representation. It's essential to assert these rights respectfully and avoid escalating the situation.
Theft in Texas is defined as unlawfully appropriating property with the intent to deprive the owner of the property. This can include taking someone else's property without their consent, unlawfully acquiring lost or misdelivered property, or obtaining services without the intent to pay for them.
Texas law categorizes theft offenses based on the value of the property or services involved. These categories include misdemeanor theft (property valued at less than $2,500), felony theft (property valued at $2,500 or more), and various specialized theft offenses such as theft of a firearm, theft of livestock, and theft of trade secrets.
The penalties for theft in Texas vary depending on the value of the property or services stolen and other factors such as prior criminal history. Misdemeanor theft can result in fines and/or incarceration in county jail, while felony theft can lead to more significant fines and imprisonment in state prison. Restitution to the victim may also be ordered by the court.
Yes, under Texas law, the intent to permanently deprive the owner of the property is not required for a theft charge. If you unlawfully appropriate someone else's property with the intent to temporarily deprive them of it or to use it for your own benefit without authorization, you can still be charged with theft.
Yes, if force, threats, or other aggravating factors are involved in the commission of a theft offense, you may face additional charges and potentially more severe penalties. For example, if you used violence or the threat of violence to steal property, you could be charged with robbery, which is a separate offense with its own set of penalties.
A motion to revoke probation is a legal proceeding initiated by the state to request the revocation of a defendant's probation. It alleges that the defendant has violated the terms and conditions of their probation and asks the court to impose the original sentence or a modified sentence.
Common reasons for a motion to revoke probation in Texas include failing drug tests, failing to report to a probation officer, committing new criminal offenses, violating restraining orders, and failing to complete court-ordered programs or community service.
After a motion to revoke probation is filed, the court will schedule a hearing to determine whether the defendant violated the terms of their probation. At the hearing, both the state and the defendant have the opportunity to present evidence and arguments. The judge will then decide whether to revoke probation and, if so, what consequences to impose.
If the court grants a motion to revoke probation, the defendant may face consequences such as incarceration, additional probation terms, fines, or a combination of these penalties. The severity of the consequences depends on various factors, including the nature and extent of the probation violations and the defendant's criminal history.
Yes, defendants have the right to challenge a motion to revoke probation in Texas. This can involve presenting evidence to refute the allegations of probation violations, arguing mitigating circumstances, or negotiating with the prosecution for a favorable outcome. It's essential to have legal representation to navigate the process effectively.
Misdemeanors and felonies in Texas are differentiated primarily by the severity of the offense and the potential penalties. Misdemeanors are less serious crimes punishable by up to one year in county jail, while felonies are more serious crimes punishable by imprisonment in state prison for varying lengths of time, depending on the severity of the offense.
In Texas, prosecutors can pursue domestic violence charges even if the alleged victim doesn't want to press charges. Law enforcement may arrest a suspect based on probable cause, and prosecutors can proceed with the case based on other evidence, witness testimony, or the state's interest in pursuing justice.
Assault in Texas is defined as intentionally, knowingly, or recklessly causing bodily injury to another person, threatening someone with imminent bodily injury, or causing physical contact with someone when the person knows or should reasonably believe the other will regard the contact as offensive or provocative. Battery, on the other hand, typically involves intentional physical contact that causes harm or offense. While some jurisdictions distinguish between assault (threatening behavior) and battery (physical contact), Texas law often combines these offenses under the umbrella of assault.
Yes, you can be charged with assault in Texas even if you didn't physically injure someone. Assault can include threats of bodily harm or offensive physical contact, regardless of whether significant injury occurs. The key is whether the conduct meets the legal definition of assault under Texas law.
Under Texas law, assault is defined in Section 22.01 of the Texas Penal Code. Specifically, assault is described as:
- Intentionally, knowingly, or recklessly causing bodily injury to another person, including the person's spouse.
- Intentionally or knowingly threatening another person with imminent bodily injury, including the person's spouse.
- Intentionally or knowingly causing physical contact with another person when the actor knows or should reasonably believe that the other person will regard the contact as offensive or provocative.
It's important to note that assault in Texas doesn't necessarily require physical injury to occur. Threatening behavior or offensive physical contact can also constitute assault under the law. Additionally, Texas law recognizes various degrees of assault, including simple assault and aggravated assault, depending on factors such as the severity of the injury, the use of a deadly weapon, or the relationship between the parties involved.
The penalties for assault in Texas vary depending on the specific offense and the circumstances involved. Simple assault is typically a Class A misdemeanor punishable by up to one year in jail and/or a fine. Aggravated assault, which involves more serious injury or the use of a deadly weapon, can range from a second-degree felony to a first-degree felony, carrying potential imprisonment for two to 99 years and fines.
Yes, Texas law allows individuals to claim self-defense if they reasonably believe that force is necessary to protect themselves or others from imminent harm. However, self-defense must be proportional to the threat faced, and the individual using force must not have provoked the altercation. A successful self-defense claim can result in acquittal or a reduction in charges.
Federal crimes in Texas are offenses that violate laws enacted by the United States Congress or regulations established by federal agencies. These offenses can range from drug trafficking and immigration violations to white-collar crimes such as fraud, bribery, and money laundering.
The consequences of federal criminal charges in Texas can be severe and may include lengthy prison sentences, significant fines, forfeiture of assets, probation, supervised release, and restitution to victims. Additionally, federal convictions can have long-lasting effects on employment, housing, and civil rights.
The federal criminal justice system operates separately from the state system in Texas. Federal crimes are prosecuted by United States Attorneys in federal courts, while state crimes are prosecuted by district attorneys in state courts. Federal courts have jurisdiction over offenses that violate federal laws or occur on federal property, involve interstate commerce, or have other federal connections.
Yes, plea negotiations are common in federal criminal cases in Texas. Prosecutors may offer plea deals to defendants in exchange for pleading guilty to lesser charges or providing cooperation in ongoing investigations. However, it's essential to have legal representation to ensure that any plea agreement is in your best interests and fully understood.
If you're under investigation for a federal crime in Texas, you have the right to remain silent and the right to legal representation. It's crucial to exercise these rights and refrain from speaking to law enforcement without an attorney present. Additionally, avoid tampering with evidence or obstructing the investigation, as doing so can result in additional charges.
Contact Us If You Need More Information
At the Law Offices of Shawn C. Brown P.C., we’re dedicated to providing aggressive and effective representation to clients facing criminal charges in Texas. Contact us today to schedule a consultation and learn how we can help you fight for your freedom and future.
