Will a Criminal Defense Attorney See Me In Jail?

Sugarland DWI Lawyer

Being arrested and charged with any crime could land you in jail, even if it’s just for a night or two before the judge comes in to set your bail. This disconcerting and frightening experience often makes it seem like everyone is against you and there’s no one who will stand up for you in your time of need. This is where your defense lawyer comes in and yes, they can see you in jail. Keep reading to find out why the ought to.

Your Lawyer Will Hear Your Half of the Story

If you’re staying quiet while in the custody of police officers – which is in your best interest – you won’t really have anyone to talk to about what happened from your perspective. You shouldn’t talk about your case to anyone while you’re in jail, even to the corrections officers there. Your defense lawyer is your sole ally in a criminal case and the only one you can safely tell the entire story to without facing legal penalty.

You’ll Start Getting a Feel for Your Attorney

Getting to know potential defense lawyers as early as possible in the process can give you a leg up. You might not want to have the public defender assigned to your case represent you; instead, you may choose to hire an attorney with more experience with your specific type of case. If you’re not comfortable with your initial choice in attorney, you have the right to consult with a new one. You can choose your legal counsel even though you are a criminal suspect.

You Can Be Proactive About Building a Formidable Defense

The last thing you want to do in the days before your court date is scramble for evidence, witness statements, and alibis. These things should be prepared well in advance of any hearing and this is where hiring an attorney as quickly as you can comes into play. You and your lawyer can immediately begin crafting a strong defense and preparing for any surprise evidence the prosecution may try to throw out at the last minute.

How a Texas Criminal Defense Attorney Can Help You In Jail

Contact the experienced Texas criminal defense lawyers at Segura & Kiatta Criminal Defense today to discuss the circumstances of your case and how best to protect your rights under the law. Call our office now by dialing 281.570.6400.

By : admin | March 26, 2022 | Criminal Defense

Stalking Charges In Texas

Houston Stalking Charges

Stalking Defense Attorney In Houston TX

Stalking is a criminal offense in Texas that can result in significant penalties that can range from jail time to fines.

Stalking in Texas is defined as intentionally or knowingly engaging in a course of criminal conduct that harasses or alarms another person. Stalking can be a very serious charge that can result in significant penalties. If you are charged.

There are several things that can constitute stalking, including but not limited to:

  • Following or harassing someone
  • Sending unwanted emails, text messages, or phone calls
  • Showing up at someone’s home or workplace uninvited
  • Vandalizing someone’s property
  • Creating a website devoted to harassing someone
  • Threatening to hurt someone physically or sexually

If You Are Convicted Of Stalking

  1. If you are convicted of stalking in Texas, you could face up to a year in jail and a $4,000 fine.
  2. However, if the victim of your stalking is a law enforcement officer, judge, prosecutor, or other public servant performing their official duties, you could face up to five years in jail and a $10,000 fine.
  3. If you are convicted of stalking a family member or intimate partner, you could face up to two years in jail and a $4,000 fine.
  4. If you are convicted of stalking a child, you could face up to 10 years in prison and a $10,000 fine.

It is important to remember that if you are charged with stalking, you should not hesitate to contact an experienced criminal defense attorney. An attorney can help protect your rights and work to get the best possible outcome for your case.

Texas Penal Code On Stalking

The Texas Penal Code defines “stalking” as: “intentionally or knowingly engaging in a course of conduct that harasses or alarms another person.” Generally, there are three ways to be convicted of stalking:

  1. By committing an act in furtherance of the course of conduct;
  2. By knowingly threatening to commit an act in furtherance of the course of conduct; or
  3. By knowingly causing a communication to be sent to another person in furtherance of the course of conduct.

Stalking Charge Types

In Texas, there are two types of stalking charges: Class A and Class B.

Class A stalking is the more serious charge and is punishable by up to a year in jail and/or a $4,000 fine. Class B stalking is punishable by up to six months in jail and/or a $2,000 fine.

In order to be convicted of stalking, the prosecution must prove that the defendant engaged in a course of conduct that caused the victim to feel frightened, harassed, or intimidated.

Defenses to Stalking Charges In Texas can be based on a variety of issues, including but not limited to:

  • The defendant had no intent to harass or alarm the victim
  • The defendant was falsely accused
  • The victim consented to the defendant’s conduct
  • The defendant was engaged in constitutionally protected speech or conduct

Facing Stalking Charges In Houston TX?

If you have been charged with stalking, don’t hesitate to reach out to an experienced Houston criminal defense attorney. An attorney can explain your rights and help build a defense for your case. You may also want to consider reaching out to Segura & Kiatta today for immediate help.

By : admin | February 28, 2022 | Criminal Defense

What Is the Self-Defense Defense In an Assault Case?

Underage Arrest In Fortbend

The human body has an instinctual fight or flight response that can occur when a person is in a dangerous or highly stressful situation. In cases where a person feels they are in a life-or-death matter, the desire to survive no matter what is a primitive impulse that can result in behavior abnormal for that person. For example, a non-violent person may use lethal force to protect themselves in a fight. 

Self defense laws exist for this reason. If you’ve been charged with assault, battery, or another violent crime, you may be able to use a self-defense defense strategy. Here’s what you should know. 

Do I Have the Right to Defend Myself? 

Because humans have a natural fight response when faced with danger, people may have the right to defend themselves when the situation calls for it. That said, if your actions resulted in the harm of someone else or even their death, you’ll need to demonstrate that your actions were provoked and reasonably necessary for your protection. 

Providing Evidence for Self Defense 

You’ll need to have sufficient evidence that you acted in self defense and had a viable reason to. If you are unable to demonstrate how the other person was provoking or threatening you enough that you had to reasonably act to protect yourself, you may not win your case. Examples of evidence include but are not limited to: 

  • Video footage of the fight, captured either by witness cell phones or CCTV security cameras
  • Statements from witnesses who saw the incident 
  • Any medical documents you may have if you were treated in the hospital or at a doctor’s office for offensive wounds caused by the other person 
  • A police report where law enforcement was notified of a person breaking and entering 

Reach Out for Help From a Texas Criminal Defense Lawyer Today 

If you’ve been charged with assault and battery, your future and rights are on the line. It’s important that you secure reliable, trustworthy legal representation as soon as possible. At Segura & Kiatta, LLP, we have the skills needed to offer you zealous advocacy no matter what crime you were charged with. We believe in preserving the Constitutional rights of Americans in the criminal justice system, and we can help you too. Call our office today to book your consultation with one of our experienced Texas criminal defense attorneys at 281.570.6400.

By : admin | August 20, 2021 | Criminal Defense

What Should I Do If I Missed My Court Appearance?

If you’ve been accused of committing a crime, you’ll be obligated to attend court at a predetermined time and date. If it’s not a traffic offense, more than one court appearance is scheduled , all of which you are legally required to attend. If you don’t appear when you are due to, your circumstances may deteriorate further. Here’s what you should do if you’ve missed your court date. 

Understand That You May Face Worse Penalties 

If you fail to appear in court for your criminal case, you may be indicted with a new crime specifically for missing your hearing. While  usually a misdemeanor, if the crimes you were supposed to appear for were felonies, your failing to appear may also be charged as a felony. If you are convicted, this might have far-reaching and life-altering implications.

Inform the Court of Any Extenuating Circumstances 

You should inform the court if you have extenuating circumstances that prevented your appearing in court on time. You may potentially be excused from failing to attend your hearing if you can show that you had a good reason to have missed the appearance. 

Tell your attorney if: 

  • Someone in your family was very ill or died. You may be able to show a death certificate or hospital records that are dated around the time you were supposed to be in court to show that you were grieving or attending to a sick family member. 
  • You didn’t receive a formal notice of the time and date of your appearance. If the state can’t show that you were properly served with the notice of your hearing, you may not be held responsible for missing it. The burden of proof in this instance is on the state. 

What a Criminal Defense Lawyer Can Do 

At Segura & Kiatta Criminal Defense, we know how frightening it can be to not only face criminal charges to begin with, but then to also have additional charges levied against you for missing a court date. We are dedicated to providing each of our clients with an aggressive defense aimed at receiving the most favorable verdict possible. 

To learn more about how a Texas criminal defense attorney can help you handle criminal charges and the additional penalties of failure to appear, contact us today. We’re available to answer your questions and start putting together a strong defense right away. Call our office now at 281.570.6400.

By : admin | May 31, 2021 | Criminal Defense