FAQS

How much you will have to pay for an attorney’s services depends on too many factors to list here. Since the results of your criminal case, and how it is handled, will have an effect on your freedom and financial future you should carefully chose a competent attorney. Some laywer’s services cost less and some cost more. However, the price is usually reflective of the result that the attorney gets. If you are looking for the lowest priced lawyer the phrase, “you get what you pay for” comes to mind. The question that you must ask yourself is, will I sacrifice my future to save a few bucks?

NO! Since you cannot be compelled to be a witness against yourself, you have no legal obligation to perform the field sobriety tests. Furthermore, if you are arrested for the offense of Driving While Intoxicated or Driving Under the Influence, you cannot be forced to give a breath or blood sample. There are legal ramifications for refusing to take a blood alcohol concentration (BAC) test. If you refuse to take a BAC test your driving privleges may be suspended from 60 days up to 2 years. However, if you take a BAC test and fail your driving privileges could be suspended from 60 days to 1 year

Yes.  Most County and District Attorney’s Offices now have investigators that are responsible for gathering evidence that can damage your credibility.  Most of these investigators are interns – almost all of which are students at either Texas A&M or Blinn.  The best advice is to restrict access of your information and pictures to only your friends.  Additionally, proceed with caution when confirming new friends, as you may mistakenly allow one of these invistegators access to your personal information.

NO! The Fourth Amendment to the United States Constitution, as well as Article I Section 9 of the Texas State Constitution, gurantees that all persons shall be free from unreasonable search and seizures. As a general rule, the only way that an officer may gain access to your residence is either by first obtaining a search warrant or by obtaining permission from a resident. There are some limited exceptions to this general rule (i.e., contraband seen in plain view, exigent circumstances, etc.); however, if an officer asks you to give him written or verbal consent to search your residence you always have the right to say no. After you deny an officer consent to search, some officers will state that they can just simply go and obtain a search warrant and that you should just go ahead and give them consent to speed up the process. If this occurs, just politely tell the officer that you are in no hurry and that he will just have to go get that search warrant.

Your home is your castle and you have the right to protect what it contains. If you grant written or verbal consent for an officer to search your residence and illegal contraband is found, you may have seriously hindered a lawyer’s ability to successfully defend your case.

Without a doubt, YES! Once you have come under the accusatorial spotlight of the Government, the only thing that stands between you and them is a good criminal defense lawyer. A lawyer that practices in the field of criminal defense is trained to research the facts of your case and make sure that your rights and personal freedoms are protected.

Again, the 4th Amendment to the United States Constitution, as well as Article I Section 9 of the Texas State Constitution, declares that all person shall be free from unreasonable search and seizures. Therefore, you do not have to consent to a search of your vehicle or person. Even if you have nothing to hide, this is your guranteed right. There are some situations where an officer does not have to seek permission to search your vehicle or person (i.e., smell of contraband, contraband located in plain view, officer safety concerns, etc.). However, you should never consent to the search of your vehicle or person. If you do, you have waived your constitutional protections and may have seriously hindered a lawyer’s ability to defend your case. Furthermore, never sign a consent to search form.

NO! The 5th Amendment to the United States Constitution, as well as Article I Section 10 of the Texas State Constitution, gurantees that no person shall be compelled to be a witness against himself. In other words, you have the right to remain silent. The only information that you are legally obligated to give an officer is your correct name, correct date of birth and correct address. Therefore, if you are asked by a police officer to give a statement you do not have to. Furthermore, you have the right to have a lawyer present prior to and during any questioning.

The information contained above is not designed to be a gurantee that you will not be convicted of an offense.
It is designed to merely inform you of what your legal rights are.