Frequently Asked Questions

What do I need to do now that I have been charged with a crime?
First, hire an attorney. In most cases, it is extremely important that an attorney begin working on your case as soon as possible. For example, in DWI cases, we need to request an ALR hearing within 15 days of your arrest so that we can fight to keep your license.

There is a warrant for my arrest. What can I do?
There are several things that you can do. 1. Contact us to see if your bond could be lowered. 2. You could contact a bonding agency and post a non-arrest bond. Bonding agencies usually have fees that are 10-15% of the bond amount. We recommend that you call Scott Free Bonding. 3. If you are able to pay the entire bond amount yourself, you may post a cash bond through the Harris County Sheriff's Office located at 49 San Jacinto. Please be aware that if you post the cash bond, it can take several weeks for you to received your money back after the conclusion of the case.

What happens when I go to court?
Your first setting in court is called the arraignment. This is where the judge calls you up to the bench and reads what you are charged with and what the range of punishment is for that offense. He or she will then as if you want to have time to hire an attorney. Your case will then be reset to give you time to secure an attorney. In many counties, including Harris County, the District Attorney's office has an "open file policy" which allows defense attorneys the opportunity to review the police report, photos, etc located in the DA's file from the onset of the criminal case. The first time your attorney goes to court will be the first time he/she has the opportunity to read through the District Attorney's file. At this time, the DA usually makes an offer, or a plea bargain, to try to take care of the case before trial. There may be several court settings before your case is resolved, especially if your case goes to trial. The time in between the setting is necessary so that your attorney can investigate your case and talk to witnesses.

What is the range of punishment for my case?
The range of punishment varies depending on the type of case that you have. Class C Misdemeanor (tickets, etc): fine only, up to $500 Class B Misdemeanor: up to 180 days in jail and/or up to a $2000 fine Class A Misdemeanor: up to 1 year in jail and/or up to a $4000 fine State Jail Felony: minimum 6 months in state jail, maximun of 2 years in state jail without credit for "good time," and up to a $5000 fine 3rd Degree Felony: 2-10 years in prison and up to a $10,000 fine 2nd Degree Felony: 2-20 years in prison and up to a $10,000 fine 1st Degree Felony: 5-99 years in prison and up to a $10,000 fine Please be aware that with certain enhancements (prior criminal history and aggravating circumstances) may increase the minimum or maximum times. Also, your time may be probated (probation) or deferred (deferred adjudication) instead of jail time.

What is probation? How is that different from deferred adjudication?

I called a bonding company and my bond is set at "no bond." What does that mean and what can I do?

Can my record be expunged? Can it be sealed?

Where is the court located?

What types of cases does the Kahn Law Firm, P.C. handle?

Can I keep my license in a DWI case?

What is an ALR Hearing?


 
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