Practice Areas and Legal Definitions

Domestic Violence:
Domestic violence is any physical, emotional, sexual or other violence that takes place between people who may be married or not married; heterosexual, gay, or lesbian; living together, separated or dating. Domestic violence can be criminal and include physical assault: hitting, pushing and shoving, etc., sexual abuse: unwanted or forced sexual activity, and stalking. Domestic violence charges can have a serious impact on your life.

Felony Crimes:
Felony Crimes involve drug and narcotics charges, arson, burglary, armed robbery, murder and/or attempted murder, rape and/or sexual assault, kidnapping and aggravated assault and battery. A felony conviction is a serious matter that can result in a substantial state prison sentence and the potential loss of certain privileges and Constitutional rights of U.S. citizenship, such as the right to possess a firearm or the right to vote.

Misdemeanors:
Misdemeanors are more serious than petty offenses, but much less serious than felonies. Misdemeanors typically result in imposition of such punishments as a fine or a jail sentence not exceeding a year. If a jail sentence is imposed, it is served at a local, city or county jail rather than a state or federal prison (penitentiary). In many jurisdictions and in certain types of cases defendants who can't afford an attorney are not entitled to a court-appointed attorney in a misdemeanor case. Unlike felonies, misdemeanors are usually handled by special courts with abbreviated procedures, such as a city court or municipal court.

Serious Violent Crimes and Murder:
By definition, a violent crime is a behavior by persons, against persons or property that intentionally threatens, attempts or actually inflicts physical harm. The seriousness of the injuries to the victim(s), whether or not guns or other weapons were used and/or whether or not the alleged perpetrator has a criminal record will determine the seriousness of the charge. Most violent crimes are considered felonies and are subject to be considered a "strike" in a state that has adopted three strikes laws. Violent criminal charges can include: aggravated assault, arson, assault and battery, domestic violence, hate crimes, homicide, larceny, rape, manslaughter, mayhem and murder.

One of the most serious areas of violent crime is homicide - killing a person, whether lawfully or unlawfully. Justifiable homicide and excusable homicide are lawful homicides, while criminal homicide, negligent homicide, reckless homicide and vehicular homicide are unlawful homicides. Unlawful homicide comprises the two crimes of murder and manslaughter.

DUI/Driving Under the Influence:
"DUI" stands for Driving under the Influence and occurs when someone is operating, or is in actual physical control, of a motor vehicle while under the influence of alcohol or other controlled substance to the extent that their mental faculties are impaired and/or their blood alcohol content (BAC) is above the legal limit. Even for a first offense, penalties can include license suspension, substantial fines, community service, mandatory attendance at a state or DMV approved alcohol program, mandatory overnight incarceration and the required installation (at the offender's expense) of a car ignition locking device. In addition, a DUI conviction stays on a DMV record for several years, it typically results in higher insurance premiums, and an offender may become ineligible for credit.  Plus, a DUI could also jeopardize your employment opportunities.

However, if someone was injured as a result of the drunken driving accident, it is possible the defendant will be charged with a felony (and if the victim dies, the driver may be charged with vehicular manslaughter). Further, a DUI conviction will likely be raised to a felony if it is the driver's fourth DUI offense or the driver has had a prior felony DUI offense within 10 years of the new charge.

Sex Crimes:
Sex crimes can include such charges as: Child Abuse, Child Pornography, Date Rape, Failure to register (as a Sex Offender), Indecent Exposure, Internet Porn, Lewd Conduct, Marital Rape, Molestation, Obscenity, Pedophilia, Pornography, Prostitution, Rape, Sexual Abuse, Sexual Assault, Sodomy and Statutory Rape. Many sex crimes are considered felonies and require convicted defendants to continually register themselves as publicly recognized sex offenders with the local and state authorities where they live and work. Charges of sexual misconduct carry extremely serious penalties and these crimes are commonly punished more severely than any other crime except murder. Sexual misconduct is seldom witnessed by anyone other than the accuser and accused and the risk of conviction of an innocent person is drastically higher in these cases.

Drugs and Narcotics Charges:
Drugs and Narcotics laws have tried to keep up with the changing perceptions and real dangers of substance abuse. By 1970, over 55 federal drug laws and countless state laws specified a variety of punitive measures, including life imprisonment and even the death penalty. To clarify the situation, the Comprehensive Drug Abuse Prevention and Control Act of 1970 repealed, replaced, or updated all previous federal laws concerned with narcotics and all other dangerous drugs.

Most states have laws that give different treatment to possession of different categories of drugs (i.e. prescription drugs, marijuana, crystal methamphetamine), and also make a distinction in the offense charged as to whether a small amount of the drug was found with the defendant (personal use) or a larger amount (intent to sell or distribute, trafficking). A conviction on a drug charge of any magnitude, even a small amount of marijuana, can seriously affect your present and future employment chances, your education, your reputation and your freedom.

Traffic Crimes:
Traffic crimes are specifically addressed in state statutes. The complex body of law that regulates the operation of motor vehicles on the streets and highways can be difficult to interpret and apply.  Examples of traffic crimes include reckless driving, aggressive driving, drag racing, and driving with a suspended license. 

Frequently Asked Questions

The following information includes frequently asked criminal law questions. The answers stated are general in nature and are not intended to apply to every situation. Each case is different and carries its own set of circumstances which must be taken into consideration by competent legal counsel. For a personal consultation regarding your specific case, please contact Dallas, Texas criminal lawyer Hank Judin at 866-435-2825.

Do I need a criminal defense lawyer?
This is the first and most important question. And the best way to answer this question may be to rely on instinct: if your gut feeling is that you should talk to a criminal defense lawyer, you probably are right – seek advice.

The main reasons prompting the need for a criminal defense lawyer are:

• You have been charged in court with a crime. This may occur following an arrest or through a summons to appear in court and answer a criminal complaint or indictment. All people have an absolute constitutional right to the assistance of a lawyer in a criminal court case.
• You have been arrested. If arrested for a potential criminal charge, a referral for criminal charge(s) may be made to the District Attorney in the county of the alleged law violation, or to the prosecutor for the federal district of the alleged violation. If an in-custody interrogation follows the arrest, the person being questioned has an absolute constitutional right to remain silent and to have a lawyer present during the questioning.
• You are being investigated for a crime. Law enforcement officers and prosecutors often contact people directly to answer questions about their alleged involvement in a crime.

Generally, the sooner a criminal defense lawyer is brought into a criminal case or investigation, the better potential results for the client. Do not take a wait-and-see approach to a criminal situation. Do not seek answers to questions about your rights and legal status from police officers and prosecutors who do not have a legal duty to act in a suspect’s best interest.

What is the right to remain silent?
Just that — an absolute right to remain silent if a person is in custody and is being questioned by police as the suspect of a crime. This is an adversarial setting between the police and the suspect. The police may use various tactics to get a suspect to admit to a crime or make incriminating statements. These tactics may include appealing to a person’s guilt or conscience, engaging in ploys like ‘good-cop/bad-cop,’ lying about the evidence against the person, making promises of leniency or release if the suspect confesses to a crime or outright intimidation. This is such an inherently coercive setting for a person that the U.S. Supreme Court ordered that the now-famous standard Miranda warnings be read to a person before the questioning process begins. You have the right to remain silent. Everything you say will be used against you. You have the right to a lawyer. If you cannot afford a lawyer, one will be appointed to you.

It seems that, despite the warnings, people often ignore these rights and give incriminating statements to police that they later say are false, inaccurate or the result of abuse, coercion or intimidation. Also, people often forget that any communication or information given to police is considered a statement – not just a written or signed statement. These statements will be used against a person – just like the warning says.

An analogy: If you have a baseball bat, and someone tells you that if you hand him the bat he will hit you over the head with it, would you give that person the bat? Think about the right to remain silent the same way – remain tight-lipped and ask for a lawyer.

What is a Miranda warning?
Police generally read these rights to individuals about to be questioned in custody. "You have the right to remain silent. If you give up 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 desire an attorney and cannot afford one, an attorney will be obtained for you before police questioning."

The Miranda rule was developed to protect the individual's Fifth Amendment right against self-incrimination. The Miranda warning ensures that people in custody realize they do not have to talk to the police and that they have the right to the presence of an attorney.

If the Miranda warning is not given before questioning, or if police continue to question a suspect after he or she indicates in any manner a desire to consult with an attorney before speaking, statements by the suspect generally are inadmissible at trial — they cannot be used against the suspect.

Must a police officer always advise a person of his or her Miranda rights before asking a question?
No. The Miranda warning is only in effect during a custodial interrogation. This means that the person being questioned is in custody or in an environment in which the person does not believe that he is free to leave.

For example: Officer Jones is investigating a robbery at the local supermarket. The cashier indicates that a patron named Mary Smith may have seen the robber. When Officer Jones interviews Mary, Mary makes statements implicating herself in the robbery as a lookout. Can Mary`s statements be used against her later, even though she was not read her Miranda Warning? The answer is yes, because Mary was not in custody when she was being asked the questions. Therefore, Mary was free to leave if she wanted to.

If I am in custody, how do I assert my right to remain silent?
A suspect who has been arrested need only say I want to speak with an attorney or I have nothing to say now. If the police continue to question the suspect, the police have violated the suspect`s 5th Amendment rights. Anything that the suspect says after the violation is generally inadmissible as evidence in court.

What is a search warrant?
A search warrant is a written order issued by a judge that authorizes police officers to conduct a search of a specific location and seize any evidence. Under the Fourth Amendment searches must be reasonable and specific. This means that a search warrant must be specific as to the specified object to be searched for and the place to be searched. Before a search warrant may be issued, there must be a showing of probable cause.

What is probable cause?
There is not a bright-line rule establishing precisely what is and what is not probable case. Probable cause is defined as facts sufficient to support a reasonable belief that criminal activity is probably taking place or knowledge of circumstances indicating a fair probability that evidence of crime will be found. It requires more than a mere "hunch," but less than proof beyond a reasonable doubt.

What happens if I am arrested?
If someone is arrested for breaking a criminal law, the case is taken before a magistrate who may issue a warrant if necessary and set bond for appearance in court. If the defendant cannot post the bond he may be incarcerated pending appearance in court. If bond is posted, he will remain free pending appearance at an arraignment. An arraignment usually occurs within 24 hours of the arrest or the first date available if on a weekend or holiday. The arraignment is held before a judge of the courts. During the arraignment the defendant is formally told what offense he is charged with, told his constitutional rights, and of the possible penalties. The defendant will enter a plea of guilty or not guilty, bond may be reviewed, and a date for the next hearing will be scheduled.

Professional Profile

Hank Judin understands that certain criminal charges carry severe consequences for individuals and their families. Whether the criminal charges filed are minor, major or catastrophic, each case receives his undivided attention and service. Mr. Judin is committed to providing criminal defense clients with aggressive and dedicated legal representation, while simultaneously treating clients with genuine courtesy and respect.

English and Spanish spoken

MEMBERS OF THE FIRM:
Hank Judin

EDUCATION:

• Baylor University, J.D.
• Bayor University, B.A.

COURTS ADMITTED:

• All state courts in Texas
• All federal courts in Texas

PROFESSIONAL MEMBERSHIPS:

• National Association of Criminal Defense Attorneys
• Texas Criminal Defense Lawyers Association
• Dallas Criminal Defense Lawyers Association
• Dallas Bar Association

ACHIEVEMENTS:

• Board Certified in Criminal Law, Texas Board of Legal Specialization
• Texas Super Lawyer, Texas Monthly magazine, 2003
• Former director, Texas Young Lawyers Association
• Director, Dallas Criminal Defense Lawyers Association
• Chairman, Criminal Justice Committee, Dallas Bar Association
• Former president, Dallas Criminal Defense Lawyers Association