Criminal Law FAQ
- How much are attorneys' fees and costs?
- I was arrested. Should I talk to the police?
- If I get pulled over for drunk driving, should I take the breath test?
- What should I do if my child was arrested?
Q: How much are attorneys' fees and costs?
A: Each criminal law case is different. For many of the criminal law cases we handle, there is a flat fee for that type of case. Other cases are more complex and may require an alternative type of billing. If you have been arrested and charged with a crime, it is best to contact our office and come in for a consultation; we can then evaluate your case and provide an estimate as to what your fees might total.
Q: I was arrested. Should I talk to the police?
A: The United States Constitution affords every citizen the right to refuse to speak to the police without an attorney present. If you do talk to the police, you risk saying something incriminating or that the prosecutor will later use against you during your trial. No matter how serious a crime you are being accused of committing, it is always in your best interest to refuse to speak to the police without an experienced criminal defense attorney present.
Q: If I get pulled over for drunk driving, should I take the breath test?
A: Under the Texas Transportation Code, when you drive on Texas's roads, you give implied consent to field sobriety tests. You can refuse to take the field sobriety test, but you will face consequences. During your trial, the prosecutor can introduce the fact that you refused a test into evidence. This can change how the jury perceives you. If it is your first DWI offense, you face a license suspension of 180 days if you refuse the test (instead of 60 days if you took the test and failed). If it is your second or third DWI offense, you face losing your license for two years (instead of 120 or 180 days, respectively).
In certain situations, Texas law allows law enforcement to force you to provide a sample. If the officer believes that someone has died, will die, or has suffered severe bodily harm because of the accident, he or she can force you to provide a sample.
Q: What should I do if my child was arrested?
A: The most important thing to do is consult with an attorney who has significant experience handling juvenile cases. These cases are very different from regular criminal cases as they are meant to encourage rehabilitation instead of branding children as criminals. An experienced attorney can explain your options as a parent and inform you as to the potential disciplinary action your children might face if they are found to have committed a delinquent action.
Seek Experienced Legal Counsel
If you were arrested and/or charged with a crime, or if you are the parent of a juvenile between the ages of ten and 17 who has allegedly committed a delinquent act, it is important to seek legal counsel as soon as possible. An experienced criminal defense attorney can advise you of your rights and ensure that someone is protecting them. To discuss your case, contact Sondra Kaighen & Associates, P.C. today to schedule a consultation.
