Frequently Asked QuestionsEvery criminal case is unique and requires a plan of action specifically tailored to the precise prosecutorial methods employed. However, if you or your loved ones have been arrested or are possibly facing criminal charges, you need to know some of the basics of criminal defense law. While the Law Offices of Roderick C. White are always both willing and available to personally answer your situation-specific questions, here are the answers to some frequently asked questions.
What happens after someone is arrested? The police officers involved write reports about the crime, obtain witness statements, run a background check of the suspect, and do further investigation as needed before submitting their work to an investigating detective. For example, in a domestic violence case, the detective in the assault unit usually follows up by contacting any eyewitnesses and the alleged victim, to confirm whether the statements obtained by the responding officers were accurate and thorough. The police then bring their written investigation to the state District Attorney’s Office or the United States Attorney's Office. A prosecutor reviews the documents to determine whether and what criminal charges - a misdemeanor or a felony - are warranted. The prosecutor has the option of rejecting the case for criminal prosecution, filing a misdemeanor, or filing a felony charge. If charges are filed, the next step in the criminal process is in court, at an arraignment. An individual charged with a crime will typically be arraigned (formally informed of the charges pending) within no longer than two business days of his arrest. An individual charged with a state crime will also typically have their bail set at their arraignment. How does someone get bailed out of jail? Does the bail money get returned when the case is over? Bail is financial assurance that a defendant will return to court after being released from law enforcement custody. There are typically two ways to post bail. First, "cash" bail may be posted with the county sheriff’s department to cover the entire amount of the bail. At the end of the case, if the defendant appears for court, the person posting the bond will receive a check for the entire amount of the bail posted. Secondly, a "bond" through a bail company may be posted. In a bail bond scenario a defendant (or someone on their behalf) typically pays about 10% of the entire bail amount to a bail bond company, which puts up the entire bail amount through a pledge of their cash or property as collateral. The 10% fee is not returned to the defendant at the conclusion of the case because this is the fee earned by the bail bond company for using their cash or property as financial guarantee that the defendant will appear for court as ordered. The Law Offices of Roderick C. White have the ability to bail out clients charged with state crimes in Tarrant County, Texas. If you or a loved one have a criminal charge pending in Tarrant County, Texas we can serve as both your bail bond company and as your attorney. Why pay a bail bondsman and then still be in need of an attorney? We can do both!!! We have very competitive bail bond rates (typically 10% of the bail amount) and in most instances we will apply your bond fee to your legal fees. CONTACT US NOW FOR IMMEDIATE --- 24 HOUR JAIL RELEASE!!! My child is under 17 and was arrested, can I bail him/her out? There is typically no bail in juvenile court. The juvenile is either deemed "detained" or "non-detained" during arraignment. He/she then typically remains in the same status until a contested detention hearing can be held. We are well-versed and experienced in both juvenile law and juvenile detention hearings. Even if the juvenile court judge has previously ordered that your child be detained there are provisions that can be invoked to secure another detention hearing. Contact us immediately; we will do everything possible to ensure that your child goes home with you. Do I need a criminal defense lawyer if I have been falsely accused? YES!!! As with many things in life, the world is not perfect and police officers and prosecutors do make mistakes (either intentionally or unintentionally). People have been falsely accused of rape, domestic violence, murder, and even drug possession because officers were either making negligent mistakes in their investigation, intentionally framing suspects, or intentionally lying about probable cause to justify an otherwise unlawful search of a home, car, or even of someone's person. Innocent people have even served several years in prison only to be released upon DNA testing. We have heard clients say "Hey, I am innocent! I figured I would go explain the events to the police and this would all go away!" Unfortunately they are almost always wrong. Police officers are often inclined to disbelieve what a suspect tells them, and they may not have the time or motivation to fully investigate a client's story. What happens then? The next thing the suspect knows is that he/she is arrested, placed into custody, and does not know how to clear his/her name. We have had numerous personal experiences representing clients who are simply innocent — these have proven to be some of the most difficult ones. A wise man once said, someone who is completely innocent may be in the greatest need of representation. In a perfect world being innocent would be enough. In the world that we live in false accusations are rampant and the Law Offices of Roderick C. White takes special pride in defending those faced with the false accusations of criminal conduct. Contact us immediately so that we may aggressively expose the false accusations pending against you or a loved one.
Not necessarily. There are many reasons why the alleged victim or reporting party may have a change of heart and not want to prosecute. It may be that the report of the crime (violence, theft, or other violation) may have been false or inaccurate. It may also be that the alleged victim is scared to proceed with the prosecution or may have various other reasons (unrelated to whether or not a crime was actually committed) underlying their desire to drop the charges. The police and the prosecutor’s offices are aware of all these possible reasons, and do not routinely just "drop charges". This is especially true in domestic violence cases. They attempt to re-interview the reporting party to understand the reason behind the change of heart. While prosecutors may consider whether or not the alleged victim wishes to prosecute, the alleged victim’s wishes are never the sole decision making factor. However, from a criminal defense perspective much can typically be gained from a non-cooperating alleged victim. This is a prime opportunity to obtain exculpatory and/or contradictory evidence that can later be very helpful no matter what direction the prosecution takes. Since the prosecution typically takes great effort to ensure that an alleged victim “sticks to their original story”, this window of opportunity can be very brief. Contact the Law Offices of Roderick C. White immediately so that we may aggressively take steps to make the most out of this scenario. Can the charges be dropped or dismissed? Yes, this can occur for several reasons. For example, charges may be dropped if there is insufficient evidence, which means the police either could not find enough evidence to link you to a crime or found evidence pointing to your innocence. Witness problems also prompt prosecutors to drop charges--for example, when those who observed a crime fail to appear, are reluctant to testify, or testify inconsistently. Sometimes, cases are dropped in the interests of justice, a broad category that means the prosecutor does not feel the case is significant enough to pursue, such as minor property damage. Charges are most often dropped because of aggressive thorough investigation and negotiation by an experienced criminal defense attorney. The legal professionals at the Law Offices of Roderick C. White have gotten numerous state and federal criminal charges dismissed. Contact us to see if your case can be dismissed. If I was arrested for a felony, does that mean I will face felony charges in court? No, a prosecutor makes an independent decision on what charges to file, irrespective of what the arrest was for. After reviewing the reports of many felony arrests, prosecutors often file misdemeanor charges, rather than felonies. This is especially true after an immediate pre-filing investigation and negotiation by the Law Offices of Roderick C. White. We make every effort interject our defense strategies at every decision-making stage of a criminal prosecution. Early defense involvement is key. Call us immediately so that we may take every opportunity to minimize your exposure.
We routinely seek to exclude from trial any and all evidence obtained as a result of police misconduct. Police misconduct often occurs in searches that take place during ordinary traffic stops or in a search of suspect's home. Additionally, if law enforcement is too aggressive in trying to obtain incriminating statements from a suspect or fails to inform a suspect of his Miranda rights prior to questioning, these actions may violate the suspect's constitutional rights. Aggressive litigation in court allows us to protect his client's rights by submitting motions to the judge seeking to exclude the recovered evidence or improperly obtained statements from trial. These motions are typically referred to as “motions to suppress”. Often a successful motion to suppress evidence cripples the prosecutor's case, causing the case to either be dismissed or substantially reduced in plea negotiations. There are generally very specific time limits as to when a motion to suppress may be filed. Accordingly, it is very important that the Law Offices of Roderick C. White become involved as soon as possible so that we may properly explore whether or not a motion to suppress is warranted.
Criminal convictions may cause direct and grave consequences to someone’s immigration status, often leading to deportation and/or removal proceedings. These guidelines are often very complex and we frequently confer with immigration law specialists to properly advise clients. Before going to court, we discuss with clients their immigration status and proceed accordingly. If you or your loved one accused of a crime are not a United States citizen it is imperative that you consult with an experienced criminal defense attorney capable of providing appropriate criminal defense advice while fully considering the immigration ramifications of any course of action. The Law Offices of Roderick C. White is sensitive to the immigration status of all of our clients.
Federal criminal cases are those that were typically investigated by federal agencies, including the FBI, DEA, Customs, Treasury, and other federal agencies. Sometimes state and local agencies also file charges in federal court if the offenses involve large quantities of drugs, weapons, money or other contraband. The federal government has more resources to prosecute cases, including special units to prosecute drugs, fraud, and violent crimes. While the state and local government also have special units, they have fewer prosecutors with larger case loads. Local law enforcement agencies do not have nearly as many resources to complete complicated investigations with as much thoroughness as federal law enforcement agencies. For the most part, it is definitely in a criminal defendant’s interest to be prosecuted in state, rather than federal court. The state of Texas’ sentencing system has more flexibility in terms of alternative sentencing options than the United States Sentencing Guidelines, which are typically strictly employed in federal court. If you are charged with a state criminal offense, you will be prosecuted by the State of Texas. If you are charged with a Federal offense, you will be prosecuted by the United States government. In rare cases you may be charged with violating both Federal and State laws, and be prosecuted by both State and Federal authorities. Not every lawyer is either qualified or willing to practice in federal court. Many would say that federal court practice is much more complicated and challenging. If you or a loved one have a criminal case pending in federal court or are being investigated by a federal law enforcement agency, it is very important that the lawyer you select have the ability to effectively practice in federal court. The attorneys at the Law Offices of Roderick C. White are both experienced and successful in federal criminal defense. Please review “Results” page for a brief description of some of our recent federal court successes.
Pre-trial release in federal court is not always certain. This is in stark contrast to typical state court proceedings where some bail amount is almost guaranteed. Bail or pre-trial release in federal court is controlled by the Bail Reform Act, 18 U.S.C. Section 3141. In federal court if the government wants the defendant detained; the prosecutor will file a written motion for detention at the initial appearance. There are some cases where the government gets an automatic three (court) days to prepare for the detention hearing. These are called “presumption” cases, for offenses such as drug dealing, child sex offenses including child porn, and bank robbery. The government may also try to prove that the defendant is a flight risk, or a danger to the community – in those cases, the government also gets three days to prepare for the detention hearing. In all cases where the prosecution is seeking detention the defense can request up to five days to prepare for the detention hearing. Proper defense preparation is essential in successfully obtaining pre-trial release because a defendant is typically afforded only one detention hearing.
The Federal system is not like State system. Bail bondsmen are usually not involved in federal court. An individual cannot simply go to a bail bondsman and have the cash provided for a percentage fee. If a cash amount is set by the Magistrate Judge, the individual may have to front a percentage of the bond himself, or sign a pledge to forfeit the bond if he fails to appear for trial. If he appears for trial, the bond money will be returned to him. The attorneys at the Law Offices of Roderick C. White are well-versed in the laws and strategies employed to secure federal pre-trial release. Contact us before the detention hearing so that we may do everything possible to ensure the pre-trial release of you or your loved one facing federal criminal charges.
The obvious and sad reality is that drug and alcohol addiction often lead to criminal behavior including theft, drug sales, DWI, and other more serious criminal violations. There are numerous drug programs in Texas, both in-patient and out-patient, available to treat drug and alcohol addiction. These programs can occasionally and in the right circumstances be used as an alternative to jail or prison. A defendant could avoid jail or prison with successful completion of a drug rehabilitation programs. While keeping clients out of prison is our main objective, we are also genuinely concerned about recidivism. As concerned citizens of our national community, the Law Offices of Roderick C. White sincerely want to assist our clients in becoming productive members of society. Accordingly, we counsel our clients to take their rehabilitation seriously and encourage them to genuinely commit to change. How does parole differ from probation? Parole and probation are two separate things. Parole occurs when a prisoner is released from prison after having served either all or a portion of his or her sentence. Probation is an alternative to incarceration. An individual who receives probation as a sentence will be able to remain a member of his or her community, without actually serving time in jail or prison, so long as he or she complies with the conditions set by the court. Probation conditions typically include such things as mandatory employment, curfew, any necessary counseling or treatment, participation in community education, and/or the performance of community service activities. If any conditions are not complied with, the probation can be revoked, and a jail or prison sentence actually rendered or invoked. While we do not typically handle parole cases, sometimes obtaining probation for a client is the best possible result. If this is the case, the Law Offices of Roderick C. White will quickly develop a strategy calculated to achieve the desired result and aggressively pursue the probation result that will permit you or your loved one to remain a close member of your family and a productive member of society. Does your law firm need the entire legal fee immediately? |
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