FREQUENT QUESTIONS ABOUT CRIMINAL CASES

Do I really need a lawyer?

If you've been accused of a crime you need a lawyer. The government has prosecutors, trained lawyers, whose job it is to try to convict and punish you. You have rights, but you need to have your own trained lawyer in your corner to fight for those rights.

Aren't all lawyers the same?

No!. Every area of law has its own rules, statutes, court cases, and fact issues that can be very unique. There are as many unique areas of law as there are types of doctors and scientists. There are no required law school courses in Texas criminal law, and many lawyers will practice criminal law never having studied the Texas criminal code. Don't assume a lawyer knows what they are doing just because they have a law degree.

What punishment can I get if I'm convicted?

The potential punishment depends on what offense you are charged with. It also depends on whether you have a prior criminal history that the State can use to enhance the offense you are charged with.

What is this surcharge that my attorney is talking about?

Texas now has a point system for its driver's licenses. Under Section 708.051 of the Driver Responsibility Program, a driver's license will accumulate a certain number of points based on the following: 1) Two points for moving violation of Texas law, or another state's traffic law; and 2) Three points for a moving violation of Texas' DWI law, or another state's traffic law which resulted in an accident. If you accumulate 6 or more points on your license then you will be required to pay a surcharge; such surcharge shall be $100 for the first 6 points and $25 for each additional point. Additionally, a person convicted of a Texas DWI during the preceding 36 month period, will be assessed a surcharge. If it is your first conviction for DWI then $1,000 per year. If it is your second or subsequent DWI conviction within a 36 month period then $1,500 per year. If in a DWI conviction, the State shows your blood, breath or urine had an alcohol content of .16 or more than a surcharge of $2,000 per year.

What this means is IF YOU ARE ARRESTED FOR DWI AND PLEAD GUILTY THEN YOU WILL BE CHARGED A MINIMUM OF $3,000.00 IN SURCHARGE FEES. My attorney fees for a trial are less than than the $3,000, the amount you are facing in surcharges for a DWI conviction.