Houston Criminal Defense Attorney | What NOT To Do In Court!

As a Criminal Defense Attorney in Houston I often get asked, “What can I do to screw myself up in court?”  There are multiple things that you can do to call negative attention to yourself in court.  In this blog I am going to talk about a few of the things you can do wrong.  And yes, these things do happen….frequently.

1.     Not Dressing Appropriately.  You would not believe how many times I have had clients show up in shorts.  Shorts are not appropriate for court.  Neither is wearing your pants below your butt.  If you walk into any court you will usually hear a bailiff giving a speech telling someone to pick up their pants and tuck in their shirt.  Its court, not the club.  Dress nice or you run the risk of being singled out.

2.       Being Late.  People are late every single day, in every single court.  It’s nothing new, and the judges get sick of it.  You will usually get one free pass, but the second time you run the risk of getting your bond revoked.  If that happens you could possibly be taken into custody and be forced to post another bond.  Your bond company will not be happy with you either.  And don’t say, “I had a flat tire”, or “my car broke down”….even if it’s true, just trust me.

3.       Your Phone Rings, You Fall Asleep, You Talk To Much, PDA!  These are pretty much self-explanatory.  If your phone rings everyone stares at you.  If you fall asleep the bailiff wakes you up, you get scared, and everyone laughs.  If you talk, they tell you to shut up or to sit in the jury box, if you are kissing on your significant other, they will call you out and kick your “sweetie” outside.  All of these things do the one thing you do not want…call attention to you.  Just lay low in court and be quite.  There will be plenty of time for all of that once you leave court.

4.      Do Drugs On Bond.  This usually comes into play for the people who break the rules above.  If you run into a judge in a bad mood, you run the risk of being sent for a drug test.  If that drug test is positive you could wind up locked up once again.  You shouldn’t be doing drugs in the first place, but you especially shouldn’t be using when there is a chance that you could be sent for a drug test by a criminal judge.

The reason I am writing this blog is because 3 of the 4 happened to me today.  It’s extremely frustrating for a lawyer to have to deal with this.  Instead of working on your case, your Houston Criminal Defense Attorney is going to end up begging the judge not to throw you in jail.  So if you find yourself in trouble and looking for a Criminal Lawyer in Houston, just remember these rules and make life a little easier for everyone!

Houston Criminal Defense Attorney | Jail Phone Calls Are Recorded!!

Just a tip to anyone who might ever be in jail, or have a family member or friend in jail…don’t say anything you on the phone that you would not want the prosecutor handing your case to hear.  Being a Houston Criminal Defense Attorney I have come across many individuals who did not know that all jail phone calls are recorded.  And that’s because there is an automated voice on the phone that tells you the call is being recorded.

A perfect example is a case I heard about where the defendant swore up and down to his attorney that he was innocent.  It got to the point where the attorney was convinced as well that he was telling the truth.  The case dragged on for over a year until the point where it was time to take a plea deal or set it for trial.  The prosecutor called the day before court and said there was some interesting jail phone calls, and that the defense attorney might want to listen to them.

Well surprise, surprise…on these phone calls, the defendant admitted guilt several times and was still running his “business” and giving directions to his people on the outside.  The defense attorney got a copy, let his client listen to the calls, and they took a plea deal the next day.

The first thing this defendant did wrong was lie to his attorney.  If your attorney does not know the truth, then it is extremely hard to defend the case.  The second thing he did wrong was talk about private business on the jail lines.  This was an extreme example, but it can come into play with even the smallest of criminal cases.  You could say something that is completely innocent about your case and your words may be used against you.  A lot of times words are taken out of context and things sound worse than they really are.  Nothing is worse than being innocent and arrested for something you didn’t do.  The last thing you want to do in this situation is say anything that might call your innocence into question.

So to sum it all up, DON’T TALK ABOUT YOUR CASE ON THE JAIL PHONES!  Your family can come visit you, so can your Houston Criminal Defense Attorney.  And it’s really none of your friends business!  There is a proper time to discuss your case, and over the phone is not one of them.  I would be willing to bet that almost every Criminal Lawyer in Houston has a story that is similar to the one above.  So if you are ever in the horrible spot of being in jail, or having a loved one in jail, limit your phone conversations to anything other than your criminal case.

Houston Criminal Defense Attorney | Grand Jury & No Bills

If you are a defendant and you are charged with a felony you should almost never plead guilty before your case is indicted.  In Texas every felony case is passed in front of a grand jury who decides whether or not to indict the case.   If you have a Houston Criminal Defense Attorney they will probably talk to you about the indictment and explain the process to you.  Most of the time cases seem “hopeless” and it is a foregone conclusion that the case will be indicted, but every once in a while a case who everyone (including defense attorneys and prosecutors) think will be indicted gets no billed (or dismissed).

Many times defendants take plea bargains quickly and just sign a “waiver of indictment”.  The judge usually goes over this document and asks again whether or not the defendant wants to plead guilty before the grand jury looks at the case.  Again, if you are pleading guilty, then it is very likely that the grand jury will indict, but you never know!

Today is a perfect example.  I had a client who was charged with a felony and the case was not very good for the defense.  The prosecutors were offering prison time or many years of probation.  Even though it looked like trial was going to be the only option to “win” the case, and that was my recommendation, my client decided he did not want to go to trial and wanted to take probation.  I advised him not to do that because the case had not been indicted, and I wanted to talk to the DA one last time.   I received a surprise today when I found out that my client’s case had been no billed by the grand jury.

While I am shocked that the case was no billed, I am sure any Houston Criminal Defense Attorney would be as thrilled as I am.  It makes you wonder how many people have pled guilty quickly when a grand jury would possibly no bill a case.  So if you are a defendant you should definitely talk to your Criminal Lawyer in Houston about the grand jury process.

Houston Criminal Defense Attorney | Motion for Non-Disclosure

The biggest mistake a Houston Criminal Defense Attorney can make is telling their clients after a deferred adjudication probation, that their record is clean.  Deferred adjudication is a type of probation where your case is dismissed if you finish the probation successfully.  So it is true that you do not have a conviction…BUT THE ARREST RECORD REMAINS VISIBLE TO EVERYONE!

The problem with deferred adjudication is that everyone who works in HR departments understands that you pled guilty to be placed on deferred, and the only reason that your case was dismissed was because you did probation.  To employers, apartment complexes, and schools, that dismissal is the same thing as a conviction.  They don’t care that you have a piece of paper saying that your record is clean.  In order to seal your record after you finish deferred, you need to file a motion for non-disclosure.

A motion for non-disclosure does not completely wipe your record clean, it will still be visible to governmental agencies and law enforcement, but THE GENERAL PUBLIC WILL NOT HAVE ACCESS TO THE RECORD!

Apartments, schools, and public jobs will no longer see that you were arrested, thus making your life less stressful.  In order to be eligible you must have finished your deferred adjudication probation.  With some misdemeanors you must wait two years after you finish probation to file for the non-disclosure.  Other types of misdemeanors allow you to file immediately upon completion of the probation (some judges has rules that you must wait a certain amount of time depending on the type of crime.  Call a local Criminal Lawyer in Houston to get a more personal evaluation).  HOWEVER, IF YOU WERE ON DEFERRED FOR A FELONY YOU MUST WAIT FIVE YEARS AFTER YOU COMPLETE YOUR DEFERRED ADJUDICATION PROBATION BEFORE YOU CAN FILE. 

There is always one big catch.  You are NOT ELIGIBLE TO A NON-DISCLOSURE if you have been previously convicted of or placed on probation for any of the following:

• Sexual performance by a child
• Possession of production of child pornography
• Unlawful restraint, kidnapping, or aggravated kidnapping of anyone under the age of 17
• Attempt, conspiracy, or solicitation to commit any of these listed offenses
• Capital murder
• Murder
• Indecency with a child
• Sexual assault
• Aggravated sexual assault
• Prohibited sexual conduct (incest)
• Aggravated kidnapping
• Compelling prostitution
• Injury to a child, elderly individual, or disabled individual
• Abandoning or endangering a child
• Violation of protective order or magistrate's order
• Stalking
• Burglary of a habitation with the intent to commit any of the above offenses
• Any other offense involving family violence

You also will not be eligible to get a non-disclosure if you were convicted of another crime after you finished your deferred adjudication!  I know it is confusing, so if you have any questions, find a Houston Criminal Defense Attorney that is willing to assist you.

Houston Criminal Defense Attorney | Pre-Trial Intervention (Diversion) Program

As a Houston Criminal Defense Attorney I get the opportunity to defend many young individuals during stressful times in their life.  I see many young adults (17-21) who have gone their entire lives without being in trouble.  Usually they are charged with some misdemeanor such as theft that stemmed from a brief lack of judgment.   They typically enter my office scared that they ruined their future and are looking for guidance.  Luckily in Harris County there is a pre-trial intervention program that is set up to give a second chance to young people who deserve it.

The process starts by submitting a pre-trial intervention application through the chief prosecutor in the court the case is in.  A basic application includes a letter of apology to the victim/complainant, a letter from the defendant explaining why they need this extraordinary opportunity, letters of recommendation, indication of future goals/plans, and indication of a stable lifestyle/mitigating facts.  The court evaluates the application and decided whether or not to offer admission into the program.

If accepted, the pre-trail intervention (or pre-trial diversion) program is typically one year long (can be more for more serious offenses).  During this year the case in question is reset and pending.  Using a recent theft case I handled as an example, what is usually included in the program is an anti-theft class, a certain amount of hours of community service (typically 80), regular reporting to the probation department (even though you are technically not on probation), random drug tests, and a drug/alcohol evaluation.   The fees associated with the program are typically not more than $60 per month as per the agreement.

The bulk of the program can be completed in the first couple of months.  After that, the goal for the rest of the year is to not get in trouble.  When the defendant returns to court in one year, the assistant district attorney runs a criminal background check on the defendant, and if everything comes back clear the case is dismissed.

This is a true dismissal that can expunged off a record (which destroys the record for everyone).  Any good Houston Criminal Defense Attorney would tell you that a pre-trial intervention dismissal is much better than a deferred adjudication (which is a type of probation) dismissal.  The big difference is the fact that pre-trial intervention dismissal is eventually expunction eligible while the deferred dismissal is only eligible for a motion for non-disclosure (which will keep the record visible to law enforcement and government agencies).  If you have a case you think might be eligible make sure to contact a Criminal Lawyer in Houston who can help you.