Harris County Criminal Defense FAQ
The Kahn Law Firm Harris County criminal defense attorneys in Houston will answer any questions clients have about criminal defense and what you can expect when charged with a crime in Texas. If you do not find the answers you need in the following frequently asked questions, contact us.
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 our Harris County criminal defense attorneys 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:
- Contact one of our criminal defense attorneys in Houston to see if your bond could be lowered.
- 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.
- 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 receive 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 ask if you want to have time to hire an attorney. Your case can 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 criminal 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 types of cases does the Kahn Law Firm, P.C. handle?
Our Harris County criminal defense attorneys in Houston handle serious criminal misdemeanor and felony crimes in Texas, including:
- Violent Crimes - assault of a family member, criminal assault, manslaughter, murder for hire, attempted murder, homicide, reckless endangerment, vehicular manslaughter
- Drug Crimes - marijuana possession, possession of a controlled substance, drug manufacturing, drug trafficking
- DWI charges - any alcohol-related charge such as DWI, DUI, BWI, intoxicated assault and intoxicated manslaughter
- Sex Crimes –from indecent exposure and prostitution to rape and sexual assault of a child
- Burglary, Robbery and Theft Charge - from theft by check to aggravated robbery
- Probation Violation in Texas
- Juvenile Crimes - from underage drinking to violent crimes
What is probation? How is that different from deferred adjudication?
After a defendant is found guilt of a crime and sentenced, that defendant may be placed on probation either immediately or after serving a portion of the sentence. That means the person is released under community supervision. Conditions of the probation are explained and a probation officer is assigned. The probationer must meet with the probation officer as required, usually once or twice a month, and fulfill all obligations of the probation or will be charged with probation violation and placed back in custody.
Deferred adjudication is a type of probation, but in this case a judge delays a finding of guilt or punishment as long as the court’s conditions are meant by the defendant. If those conditions are met for as long as required, the charges against the defendant can be dismissed.
I called a bonding company and my bond is set at "no bond." What does that mean and what can I do?
A “no bond” means that you cannot be bonded out of jail until a judge assigned to your case sets bail. You may receive a no bond if you are on probation or on bond for another criminal offense, are charged with a particularly violent crime or if you were previously sentenced to prison at least twice. Judges generally do not set bail until a person is formally in custody. One of our criminal defense attorneys can help you find out if the no bond is a mistake and if so, request that the judge set bail.
Can I keep my license in a DWI case?
If you are arrested for DWI and refuse to take a breath or blood alcohol test, or you fail one, an officer will serve you with a Notice of Suspension and confiscate your driver license. A temporary license will be issued, and you will have 15 days to request an ALR hearing. If you do not request the hearing, your license will be suspended. If you are found guilt or plead guilty to a DWI charge, your license can be suspended for 90 days or longer. You could also face jail time and fines.
What is an ALR Hearing?
An ALR (Administrative License Revocation) hearing involves the process for suspending the license of someone charged with DWI. If you fail or refuse to take a blood or breath test after being arrested for driving while intoxicated, your license will automatically be suspended unless you request an ALR hearing within 15 days of your arrest. The ALR hearing will be held within the county you live in at a location determined by the State Office of Administrative Hearings, or you can agree to hold the hearing by teleconference. If the charge against you is proven in the hearing, your license will be suspended and you may be held in custody and/or be fined. You should have an attorney experienced with DWI charges to represent you in the hearing.
If you face criminal charges in Texas, contact Harris County criminal defense attorneys in Houston at The Kahn Law Firm by submitting the form provided now or calling 713-226-9900 or toll free 1-877-226-9940.
