Houston, Texas Criminal Defense Frequently Asked Questions

The following information includes frequently asked criminal defense questions. The answers stated are general in nature and are not intended to apply to every criminal defense situation. Each case is different and carries its own set of circumstances which must be taken into consideration by competent legal counsel. By contacting Houston, Texas criminal defense lawyer John S. Cossum, you can receive a personal consultation regarding your specific criminal defense claim.

Can police officers use force to arrest me?

A police officer may use as much force as necessary for a criminal arrest, as long as it is reasonable and lawful. After an arrest is made, a police officer may apply handcuffs to a defendant. If the defendant claims an unlawful application of force was used by the arresting officer, a judge will hear the defendant's argument and decide whether or not the force used was reasonable for the circumstances. If you believe the police violated procedures when arresting you, call Houston, Texas criminal defense lawyer John S. Cossum to defend your rights in court.

Will I be fingerprinted or have to be in a line-up?

If you are arrested, the police have the right to take your fingerprints and photographs. You may also be required to participate in a line-up, to provide a sample of your handwriting, to speak phrases associated with the offense, and/or to have samples of your hair taken. However, you may insist that an attorney be present during most of these procedures. When you have been arrested, the sooner you have a lawyer protecting your rights, the better. Call Houston, Texas criminal defense Attorney John S. Cossum today.

What is the role of the judge in a criminal trial?

The judge in a criminal trial controls all legal proceedings in the courtroom. The judge determines whether certain evidence is admissible or not, and rules on preliminary matters and discovery issues that the defense and prosecution may have. And before the jury decides a case, the judge instructs the jury as to how they must be lawfully guided through the decision process.

What is the role of the jury in a criminal trial?

The jury in a criminal trial considers all aspects of the case for as long as is needed in order to come to a unanimous decision. Once a verdict is reached, it is presented to the defendant in court. A jury may find a person guilty of all, some, or none of the crimes charged in a criminal trial. In some cases, depending on the evidence presented and the nature of the instructions given by the Court to the jury, a jury can convict a defendant of a lesser crime than initially charged. If the jury presents a not guilty verdict, the proceedings are over and the jury verdict may not be overturned. If the verdict is guilty, however, the defense may proceed with an appeal. If a jury cannot reach a unanimous verdict, a mistrial occurs and the case must go to trial again. In addition, Texas is one of the few states where a Defendant can ask a jury to decide an appropriate punishment in the event of conviction.

What happens during a bail hearing?

Upon arrest, the accused appears before a magistrate or judge for a violation of a criminal law. The magistrate or judge will conduct a pre-trial bail hearing resulting in four possible results:

Recognizance - This is the defendant's written promise to appear in court on the date set and abide by the terms set by the magistrate or judge. No monetary pledge, cash deposit, or security by property or professional bondsman is required. This is very rare.
Unsecured Bond - This release, pending court appearance, is based on the defendant's written agreement to appear in court on the date set and abide by the conditions set by the magistrate or judge. It is backed by an agreement by the defendant to forfeit money to the court if she or he does not appear in court on the date set. This is also very rare.
Secured Bond - This is secured by either a cash deposit, a pledge of real or personal property, or a pledge by a third party that the defendant will appear in court on the date set and abide by the conditions of the release. Most secured bonds are provided by bondsmen who charge you a fee (usually 10% of the face amount of the bond) to act as your surety. The judge may forfeit any type of security in the event the defendant does not appear in court on the date set. This is the most common bail arrangement
Denial of Bond - in a rare occurrence, as when a defendant is charged with a capital offense (one that is punishable by death), a "habitual offender" or when a defendant has been charged with violating felony probation, the defendant can be denied bond. In Federal court certain drug crimes may also result in the denial of bail.

The bail decision may be appealed to another judge (or judges) who will re-examine the evidence through a procedure titled a writ of habeas corpus.

Why is it important to have an attorney if I want to negotiate a plea in my case instead of going to trial?

Plea negotiation can be very tricky, and a defendant may end up plea bargaining him or herself to a harsher punishment than what he or she actually deserves. This is why it is very important to have a criminal law lawyer representing you if you plan to negotiate a plea. A criminal attorney considers many factors in deciding whether to recommend a plea bargain for a client and what strategies to engage if a plea bargain is the best choice for the client's situation. Factors a criminal lawyer considers include:

The strength of the evidence the prosecutor may present at trial; and
The potential penalties that the defendant could be subjected to if the case went to trial and lost.
The collateral consequences of a plea (effect on ones job or licensing issues that may arise)

Don't take a chance on bargaining away your rights when you have been charged with a crime. Call Houston, Texas criminal defense lawyer John S. Cossum today for experience and legal advice you can trust.

When are the police required to "read me my rights?"

In television and movies, we are all used to seeing the police "read a suspect their rights" as soon as they are arrested. This list of rights is known as a defendant's "Miranda rights," which are as follows:

You have the Constitutional right to remain silent;
Anything you say can be held against you in the court of law;
You have the right to legal counsel and that if you cannot afford a lawyer, one will be appointed for you; and
If you choose, you may have a lawyer present during interrogation.

The police are required to tell a suspect this list of rights when they plan to conduct a custodial interrogation. A custodial interrogation means that:

The suspect is in police custody - he or she has been arrested and is not allowed to leave and go home, or
The suspect is the focus of the police investigation, whether they are in police custody.

Even if you are not in circumstances that require police to "read you your rights," you still have your rights and you can still exercise your rights. When you are arrested, or even if police simply suspect you of a crime, it is important to exercise your "right to remain silent" and contact Houston, Texas DWI Attorney John S. Cossum to represent you before talking to the police about your case.

Take Action To Protect Your Rights:

If you or a loved one has been arrested or charged with a criminal offense within Harris County, Montgomery County, Galveston County, Liberty County, Houston, Kingwood or anywhere else within the state of Texas and you need the help of an experienced criminal defense lawyer, call Houston, Texas felony defense Attorney John S. Cossum today at 866-821-9966, or complete the contact form provided on this site to begin your consultation with a dedicated Texas Criminal trial lawyer. Your initial consultation on criminal matters is free .