“Procedure for criminal cases in Texas”

In our day to day lives laws pervade through each facets. In support of every movement undertaken there is a law flanked by a defendant and a claimant. Legal procedures apply to all! Applicable to every single action, even criminal cases has some set of procedures.  

Legal procedures associated with criminal cases have developed over centuries. A separate set of procedures are followed from arrest to trial. In view of the fact that, a majority of the states have similar procedures there are certain differences that comes within the circle. Criminal defendants are provided with certain procedural rights, complying with laws, following are some of them explained.  

For an arrest, a warrant is necessary. When the law enforcement has likely cause to believe that a crime has been committed then the person can be arrested. On the other hand, misdemeanor arrests can only be made if the official observes the commission of the crime.

An arrested person has all rights to be informed about Miranda rights, following are some of them:

• Right to remain silent
• Statement from the accused will be used against them
• Throughout questioning an attorney may represent them, and
• If destitute, a lawyer may be appointed for them.

For more details visit: http://houstoncriminalattorney.com/practice-areas.html

Crime and punishment in texas

Texas laws currently recognize five types of felonies and three types of misdemeanors. Every crime in the TPC is classified as one of these eight types.

Felonies

The different types of felonies are capital, first degree, second degree, third degree and state jail. The most serious offense is capital felonies.

Misdemeanors                                           

The three types of misdemeanors are class A, B, and C. Misdemeanor sentences are serve in county jails.

Offense	Punishment
Capital Felony	Execution
First Degree Felonies	5 to 99 years, $10,000 fine
Second Degree Felonies	2 to 20 years, $10,000 fine
Third Degree Felonies	2 to 10 years, $10,000 fine
State Jail Felonies	180 days to 2 years, $10,000 fine
Class A Misdemeanors	Up to one year, $4000 fine
Class B Misdemeanors	Up to 180 days, $2000 fine
Class C Misdemeanors	$500 fine

Criminal Investigations Division in Texas

It was during 2009, the department of public safety created (CID) criminal investigation division as part of a major streamlining of the department.          Categorized into four sections, the criminal investigation division formerly consisted of 800 members, together with 654 commissioned officers and 146 civilian support personnel. Its specialized sections include:

·         Gang program

·         Drug program

·         Special investigation program

·         Investigative support section

The aforementioned sections toil together to prevent, curb and get prosecution for crimes committed in Texas cooperation.

Multi-jurisdictional violations

·         Fraud

·         Theft

·         Public corruption

·         Gambling

·         Terrorism

·         Narcotics

·         Motor vehicle theft

·         Counterfeit documents    

Gang program- they work to interrupt criminal organizations that stand for a significant criminal warning to the state. In addition, they monitor sex offenders and take into custody the fugitives who are a threat to citizens.

Coming to drug program, they are charged with general direction of the state’s enforcement efforts in opposition to unlawful drug trafficking in Texas. With that said, they also manage the DME program i.e. the Department’s Domestic Marijuana Eradication.

Special Investigations Program (SIS) inspects

·         vehicle theft

·         cargo theft

·         large-scale identity theft

·         Document fraud and other crimes involving organized criminal enterprises. 

Conjointly, they also work to send back stolen vehicles.
Finally the investigative support section, performing varied functions that are highly specialized it can enhance investigative efforts to the highest degree.

Types and withdrawal of bench warrant

Bench warrant:

It is a legal document issued by a judge authorizing a person’s arrest.  A judge may issue this type of warrant when a person falls short to act in accordance with a court order or requirement. Law enforcement officers have the authority to pick up the subject of warrant and bring the concerned person to court to address the charges of a bench warrant. Typically, it is used as a tool for fighting contempt of court; a determined disregard of a court order. As a general rule, it is always good to avoid contempt of court anyway, as the penalties can be stern.

To cut it short, bench warrant is a written order issued by judge consent to the arrest of a person charged with some crime, or misdemeanor. 

Bench warrant types:       

                                          

In general these types of warrant orders are either civil bench warrants or criminal bench warrants.  However the warrant is issued when a defendant received a notice to appear in court and failed to do so (it includes civil and criminal). Following are some of the instance when this type of warrant may be issued:

• A person called to testify before the court and fails to appear.

• A parent has received a subpoena (A writ ordering a person to attend a court) to appear before a custody trial and does not turn up.

• A lawbreaker been charged with a brutal traffic violation like a DUI and fails to appear at the listed court date.

• A condemnation has been unconfined for a person charged with an illicit violation and that person fails to be present at the scheduled court hearing.

Withdrawal of bench warrant:

              

When it comes to warrants, they must never be withdrawn on the grounds of expediency alone. In order to withdraw a warrant the case reviewer must be able to justify a result appropriate to the victim.
The most important accountability for evaluating outstanding warrants lies with the police. If the police request that the CPS (crown prosecution service) pull out a warrant, then one ought to re-review the case to find out whether we withdraw the warrant, the substantive offence or both, it should be reviewed separately.

Crime and punishment in texas

Texas laws currently recognize five types of felonies and three types of misdemeanors. Every crime in the TPC is classified as one of these eight types.

Felonies

The different types of felonies are capital, first degree, second degree, third degree and state jail. The most serious offense is capital felonies.

Misdemeanors                                           

The three types of misdemeanors are class A, B, and C. Misdemeanor sentences are serve in county jails.

Offense	Punishment
Capital Felony	Execution
First Degree Felonies	5 to 99 years, $10,000 Fine
Second Degree Felonies	2 to 20 years, $10,000 Fine
Third Degree Felonies	2 to 10 years, $10,000 Fine
State Jail Felonies	180 days to 2 years, $10,000 Fine
Class A Misdemeanors	Up to one year, $4000 Fine
Class B Misdemeanors	Up to 180 days, $2000Fine
Class C Misdemeanors	$500  Fine

Penalty for Minor Gets Caught Driving Without License

A number of teenagers under 18 drive without getting the necessary practice to get a driver license. These underage youngsters believe that their action is fascinating and exciting; however, the choice to drive without getting the ability and necessary experience can lead to life-changing consequences.

If a minor is being caught driving without license it would result in a fine, payment of court fees and payment of towing and impound fees. If the teen is not the owner of the car and if the car belongs to the teens parent’s then the car will still be impounded. This problem will be inserted in the minor record and they will be delayed from obtaining a license once they reach the eligible age to do so.

The Penalty may range form state to state and hence I will share you the average penalty for this offense

- Fine may range from $100 to $2000

- Towing and impounding may range from $100 and $250

- 6 months to one year imprisonment in a juvenile corrections facility for driving without a license.

- Charges will be imposed on the owner/parents of the vehicle for allowing the teenage to drive the vehicle.

- The insurance rate may be affected permanently

- When the minor finally gets his driver license and buys insurance coverage on a vehicle, the event that happened as an unlicensed minor will definitely affect the premium paid. This could result in prolonged higher insurance expenses.

It doesn’t matter if you are caught without driving license our Houston criminal defense lawyers Stradley, Davis & Reynal LLP law firm is there to help you and to solve your queries. Hence don’t hesitate to call our law firms.

Grand theft and it penalties

A grand theft is a type of theft accusations that comes under the theft crime. The grand theft occurs when an individual takes another property without the prior permission and if the value of the stolen goods exceeds $500. Grand theft is usually considered a felony in Texas, especially if a weapon was used to commit the theft.

The term "property" in the grand theft definition can include money, labor, real, or personal property that lawfully belongs to another individual or group of individuals.

Credit card fraud, internet fraud, identity theft etc are the few types of grand theft which is rising in the US. It is estimated that 25 million Americans become the victims of consumer fraud, often considered a grand theft offense, each year.

Penalties

• First Degree – Grand Theft
• Second Degree – Grand Theft
• Third Degree – Grand Theft

First degree grand theft


If the value of the property is greater than $10,000 or more then the individual may face the following penalties

• Minimum sentence – 21 months in jail
• Maximum sentence – 30 years in prison
• Thirty years of probation
• Fine upto $10,000

Second degree grand theft


If the value of the property is less than $100,000 but more than $20,000 then the individual may face the following penalties

• Maximum sentence – 15 years in prison
• 15 years of probation
• Fine upto $10,000

Third degree theft


If the value of the property is less than $20,000 but more than $300 then the individual may face the following penalties

• Maximum sentence – 5 years in prison
• 5 years of probation
• Fine upto $5,000

The common punishments include over a year of prison time, restitution, expenses, and probation. Based on the product thieved, the value of the product, and the prior record of the individual charged of huge robbery, the penalties may be improved. Additionally, a huge robbery indictment can seriously impact your popularity, family connections, and job possibilities. Because of the particulars involved with huge robbery expenses, it is vital to have a Houston criminal attorney by your side. 

Steps in booking process after the person has been arrested

After the individual has been arrested they are usually taken to the cop office where they may be interviewed, and the necessary reports and forms are prepared. The person who is charged with a criminal offence should hire a Houston criminal lawyer with experience in criminal defense to represent them because they are the only person who can help the people to get rid of the false accusations. Hence check out the below steps in the booking process.

Recording the information’s

The first step in the booking process will be the recording of all your personal information’s the personal information may includes your name, date of birth, contact number, address, emergency and security number. After the details has been collected it will saved on the computer for the further use.

Mug shot

The photo will be taken within a minute and it will be worst than the drivers license photo, but the purpose of the mug shots are used to distinguish individuals with the same name and to provide an accurate portrayal of the suspect at the time of arrest.

Collection of personal belongings

Prisoners are not allowed to carry jewels, wallets, money, cell phones into the jail hence they are collected and sealed in the plastic bags to secure belongings. Prisoners are requested to sign off on the list of items detailed after the belongings have been sealed.

Fingerprints

The fingerprints are taken for two reasons

• To compare the fingerprints left at the crime scene
• It must be entered in to the FBI database where it can be accessible to local, state and federal police agencies.

Body Search

A full body check up will be done on the arrestees to prevent the weapons and drugs entering in to the jail. The “strip search” can be an embarrassing experience to undergo

Warrants checking

The booking officer checks to see if an arrestee has any other charges pending, ranging from unpaid parking tickets to murder charges in other states. Suspects with warrants pending are normally not released on bail.

Health checkup

To prevent the other arrestees from infections and diseases the particular person will undergo x-ray and blood test

The booking process can take anywhere from an hour to several hours depending on the cooperation of the individual being booked into jail. If you want to get rid of the cases after the booking process has been done then do not wait to hire a lawyer with topnotch experience and proven results. Contact experienced criminal defense attorney to solve your problems and queries

White Collar Crime

It is a nonviolent crime committed for financial gain. White collar crime was defined in 1939 by Edwin Sutherland as one “committed by the person of respectability and high social status in the course of his occupation”. Because of the complexity and the seductively of white collar accusations, prosecutors often make mistakes. But it takes an experienced Houston criminal defense attorney, with expertise in white collar cases, to uncover these problems.

Examples of white collar crime

• Fraud
• Bribery
• Identity Theft
• Black Mail
• Embezzlement
• Counterfeiting
• Money Laundring
• Computer Crimes
• Perjury
• Forgery

One of the common crimes committed by the white collar workers is embezzlement. This type of offense happens when the particular person dishonestly handles the company money for his or her use. For example: A particular employee takes the money from the bank for his or her personal use.

Causes of white collar crime

Greed and bad economy is one of the main causes of white collar crime because many criminals make good money and that does not stop them from making more. These peoples do not use weapons to pull off their crime. They use their wit. Some get away with it for years without getting caught and some may never get caught. People become much afraid of the future because of the poor economy people decide to take measures to financially protect themselves in illegal ways.

Effects

Financial cost: According to the Cornell Legal Information Institute, it was estimated in 2010 that white collar crime cost the U.S. $300 billion.

Jobs: When the dishonest person gains huge profits from the sales of shares the company will be pushed in to the job loses, where many of these employees will lose the savings from the company

If you found that you are under the investigation of a white collar crime, then it is necessary to hire a Houston criminal lawyer. Keep in mind that you should not talk about the offenses before consulting with the white collar attorney in Houston TX.

Types of Arrest Warrant

It is a warrant issued by the judge in the court granting that the law enforcement officials has the right to arrest the person regarding the crime committed. Arrest warrants are most commonly required when a crime is committed out of view of a police officer. If a felony is committed in view of a police officer then an arrest can be made without a warrant.

The different types of arrest warrant are

• Bench warrant
• Felony warrant
• Civil warrant
• Alias warrant

Bench Warrant

It is a type of arrest warrant issued by the court when someone fails to comply with the requirement. In order to file a bench warrant, a judge must generally demonstrate a personal knowledge of the contempt which instigated the warrant. Generally the bench warrant is used in very least matters to encourage the party to appear in the court. A bench warrant may also be ordered when a defendant fails to pay fines, or comply with bail conditions, educational programs, or when the defendant commits a crime while on release pending the original trial.

Felony Warrant

The felony warrant is issued by the court where this arrest will be done when the individual is suspected of committing a felony crime. This warrant is issued in the most of the cases by the judge after the consideration of the evidence provided by the law enforcement. Felony warrant is a legal document so an necessary signed affidavit of a crime committed and the name of the accused must be present in that legal document. This warrant does not have any target date rather than it will remain in effect until the arrest is made. This warrant is legally and freely viewed by the public. It is a serious warrant and it should not be ignored in any situation.

Civil Warrant

The civil warrant is issued in the civil court where the civil warrant is commonly issued in the small claims court when filling suit. It is issued on the behalf of individuals who submit a civil summons. This is not an arrest warrant and is brought by one party against another in matters of monetary judgment. The warrant in debt is summoned filled by one individual against another person, usually for the purpose of establishing a court date to plead a case involving monetary issues. This is the first procedure in the wage garnishment cases. Addressing the issues of claims for money is done for the warrant in debt.Address claims for the property is done for the warrant in detinue.

Alias warrant

This type of warrant is issued in the court when the particular person failed to appear in the court or on the initial appearance on the citation or on the scheduled court date. Remember that if you receive or sign a citation you are assuring that you will appear in the court without fail and if you fail to appear in the court this warrant has been changed to the arrest warrant and you can bond out of jail by cash bond, bail bond, attorney bond, or PR bond.

Just because you have received the arrest warrant issued against the judge you don’t mean that you done have any rights as the accused, hence contact Houston criminal attorney for your problems and a free initial consultation.