FAQ
All communications with clients or potential clients are confidential.
Basic background and relevant information the client has to help determine what I can do to help immediately or to form a plan to address the particular needs of the client.
Yes, as well as telephone consultations.
The range of maximum possible punishment determines the level or classification of any offense. Felonies are an offense that may receive oner a year in jail, while a misdemeanor punishment cannot be beyond a year.
There are several different ways: 1) by agreement between the State (prosecutor) and the Defense (you), negotiated by me (Defense Attorney); 2) By the Judge without an agreement between the parties; & 3) by either the Jury or Judge (Defendant’s choice) after a trial has been had and a guilty verdict returned.
Even before you are arrested, you must understand you have a right not to answer questions. You legally obligated to provided identification and/or valid identification information, possibly insurance information if it involves a vehicle, and can decline to answer all other questions. Be polite, but respectfully decline to answer until you have had an opportunity to consult with an attorney. Do not consent to any searches. If the police have probable cause they can search anyway, they don” need your permission, so simply don’t consent. Be patient and do not answer any questions. You will be booked and processed and then taken before a Magistrate (Judge) to set a bond. Once bond is set, contact family, friends or an attorney to arrange for the bail to be posted and then you will be released pursuant to the bond and conditions. Remember anything you say can be used against you and all phone conversations are recorded, so do not discuss the facts or circumstances of the arrest with anyone except your attorney.
Either post bail using a bonding company, whereby you pay them a percentage of the bond (usually 10-15%) as their fee to post the full amount; or Post a cash bond in the full amount of the bond and then you get all of that money back once the case is resolved.
Unless you have a working knowledge of the Code of Criminal procedure, the Rules of Evidence, and at least some experience in the criminal justice system and courts, the answer yes.
many, such as a right not to answer questions, the right to an attorney, the right against self-incrimination, the right to release on bond, the right a jury and, many more that a skilled and experienced attorney will use to defend you on whatever criminal charges you are facing.
The only way to “erase” records of conviction is via pardon from the Governor of Texas.
A DUI in many states refers to what we in Texas call a DWI (Driving While Intoxicated). However, in Texas, a DUI refers to a Minor Driving with any detectable amount of alcohol in their system, but not intoxicated under the definition of intoxicated.
Driving while intoxicated is an individual operating a motor vehicle while: not having the normal use of their mental or physical faculties by reason of alcohol, drugs, or a combination of the two; or having a blood alcohol level above a .08.
A first offense is typically a Class B Misdemeanor and the levels go up depending on blood Algol levels and the number of convictions.
These may be conditions of community supervision (probation) and/or things that a person may agree to as part of a plea agreement.
A person may be charged with Intoxication Manslaughter, Intoxication Assault, Felony Murder or Aggravated Assault, depending on the circumstances, but all are extremely serious felony charges and can result in prison time. An experienced criminal defense attorney should be consulted immediately.
A person who is stopped and arrested for DWI with a child under the age of 15 in the vehicle may be charged with a felony DWI.
There are usually suspensions associated with conviction as well as administrative actions that should be addressed immediately upon being arrested.
Fraud can take many forms and fall under many different charges, but essentially, it is when property or money is accessed without consent or under circumstances that the actor intended to defraud someone of their property of money.
Consult an experienced criminal trial attorney as soon as possible.
I have represented many people accused of possession of all kinds of illegal substances (i.e. drugs, marijuana, controlled substances, dangerous substances, etc…), as well as those accused of manufacturing and distributing those substances. I am well-versed in the classification of substances, as well as the common pharmacological properties and trends in the criminal justice system.
Yes, but even before that may happen, consulting with an attorney may be a good idea. Texas has an assortment of rather confusing weapons-related offenses, as well as many exceptions and defenses. If you are considering carrying any kind of weapon, it may be a good idea to consult with an experienced criminal defense attorney who can answer questions and advise you of what may or may not be considered “legal” to reduce the possibility of negative interaction with law enforcement or the public at large.
This offense has many facets and can be very serious in both Texas and the Federal Courts, so good legal representation is strongly advised.
These are increasingly difficult situations with many circumstances to consider. The sooner you can consult with an experienced criminal attorney the better to understand what has happened, what to expect going forward, and making a strategy that best protects both yourself and your family.
Not directly, as I typically represent a person who has been charged with a crime and/or are being investigated for commission of some offense. However, I can give you the information about who you should contact immediately and who can help you, give you sound advice so you may address the situation and protect yourself and your family from further abuse. Your local law enforcement should be contacted immediately to make a report and if you need further assistance, such a s a protective order, your local District Attorney should assist. Contact their Victim Services section and they can give you much more information and many times even represent you in that process.
Yes. I have represented many who have found themselves facing such an allegation, whether it arose from last night or twenty years ago. These are fraught with anxiety, uncertainty, and stress, so an attorney can help you understand where you may be in the process and how you should consider moving forward in defending yourself. If anyone contacts you that even suggests such an allegation has been made or want to question you about such, you should consult with an experienced attorney before you make any statements or answer questions to ensure you understand your rights.
Not in the legal sense, however, I can get you in touch with the people who you should report such. Your local law enforcement agency should be contacted immediately to file a report and the Criminal District Attorney for the County will be responsible for pursuing criminal charges.
Yes, these are the types of cases people hire me to defend all the time. I have vast experience in these matters and can discuss with you how one should begin to defend themselves.
It’s important to consult with an experienced attorney so they can understand the situation, ask questions, and help you determine what, if any criminal exposure you may have from the incident.
I would recommend you make a report to your local law enforcement agency immediately, so they can assist, assess the threat and refer for charges if warranted or direct you to the local prosecutor who may be able to assist in seeking a protective order if necessary.
Not in the legal sense, however, I can get you in touch with the people who you should report such. Your local law enforcement agency should be contacted immediately to file a report and the Criminal District Attorney for the County will be responsible for pursuing criminal charges. Additionally, I can refer you to other attorneys who specialize in possibly seeking civil damages from those who have assaulted you.
Of course. Much of Juvenile Law, while different in some respects, is very closely associated with the adult legal system and I represent minors on a regular basis.
Absolutely and have represented many juveniles accused of criminal offense throughout my career. While the juvenile system parallels the adult system, there are some significant differences that I am keenly aware of and can explain to those families experiencing such.
I tidelands on how the charge was ultimately resolved, but I can discuss and research those records to determine if you may qualify for expunction. The effect of the expunction is: 1) the release, dissemination, or use of the expunged records and files for any purpose is prohibited; 2) you may deny the occurrence of the arrest and the existence of the expunction order, with the exception of the following; 3) you or any other person, when questioned under oath in a criminal proceeding about an arrest for which the records have been expunged, may state only that the matter in question has been expunged. (See Texas Code of Criminal Procedure, Art. 55.03).
Expunction is the mechanism for doing so and I have vast experience in researching and seeking expunctions for many clients in the past 26+ years of my practice.
The information contained on this website is presented for informational and marketing purposes only and is not to be understood as legal advice. You should consult an attorney for advice respecting your individual needs. The Law Offices of Scot Courtney looks forward to speaking with you about your particular needs. Please note, however, that the mere act of contacting our firm does not create an attorney-client relationship. As a result, you should never send any confidential information to our office until a Representation Agreement has been signed by both you and The Law Offices of Scot Courtney.