If you are charged or you know that the authorities are planning to charge you with a crime, then you must hire an attorney to defend your rights as soon as possible. If you have a choice, do no wait until you are incarcerated to obtain legal advice or look for a qualified attorney.
What do I do if I am arrested?
Remain Silent!!! Outside of identification questions, ask for an attorney to be present. Politely let the officer know that you do not wish to speak to anyone without the presense of an attorney that is representing you. "I want to invoke my 5th amendment right," is what you should say in light of the recent United States Supreme Court decision.
How much time am I facing?
Some of the factors that determine what the maximum amount of time a person will serve include the level of crime that they are charged with, past criminal history, prior convictions, and whether a weapon was used. These are not the only factors to consider, they are just examples.
If I was convicted for a criminal act, can I have it sealed?
No, under Chapter 55 of the Texas Code of Criminal Procedure (TCCP) a person has the right to expunge a criminal record only if the criminal charge was dismissed or the person was acquitted. The only exception is if a person successfully completes a deferred adjudication for a class C misdemeanor. In that case, a person has a right to an expunction.
Can I non-disclose (seal) a DWI conviction?
The Texas Legislator recently amended the government code to allow for a non-disclosure of certain DWI convictions as long as the person successfully completed a probation and meets all the other requirements under the government code.
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