What Steps Should I Take if I Have Been Arrested and Charged with a Crime in Texas?

An arrest does not automatically mean a conviction.

A little less than half of the people arrested in Texas are first-time offenders. An arrest has a “shock and awe” effect that is often overwhelming. The emotional impact for second-time offenders is almost as great. These individuals know that, if convicted, they are probably looking at significant penalties.

A good start does not always guarantee a successful outcome, but it usually works that way. A Fort Worth criminal defense lawyer uses the same approach. Hard work in the beginning usually pays off with a favorable resolution at the end. This approach is more time-consuming, but it is an approach that has served us well in the past and will serve us well in the future.

Remain Calm

Yes, we know this statement is really easy for us to make. But it is important to control your fear. People who are afraid usually make very bad decisions.

Remember, there is a difference between an arrest and a conviction. Even if the defendant is morally guilty, the state is often unable to prove legal guilt. For example, if officers illegally seized critical evidence, that evidence is inadmissible in court.

It may seem corny, but deep breathing helps. So does taking your mind off the criminal matter and focusing on something else.

Get Out of Jail

Immediate jail release is good for a defendant’s emotional health and overall well-being, and also for legal purposes.

Confinement often causes a brain injury. Incarceration increases the production of stress hormones. Prolonged exposure to these hormones causes personality changes and has other effects.

Extended pretrial detention usually affects a person’s family and career as well. Young children do not understand why Mom or Dad missed this or that, and the children often blame themselves. Occupationally, jail is usually an unexcused absence that normally means immediate termination. 

Do not overlook the legal effects. When defendants are in jail, their lawyers can only present limited defenses. When people are out of jail, the defense is much more effective.

Hire a Private Lawyer

The court might assign a public defender or court-appointed lawyer to the case. The Sixth Amendment guarantees the right to counsel. However, the Sixth Amendment does not guarantee the right to a free lawyer.

Judges only appoint lawyers for indigent defendants. Every judge defines this status differently. In some cases, the defendant’s verbal “I can’t afford a lawyer” assertion is sufficient. Other judges require financial affidavits. Still others only appoint lawyers in jail cases. These judges reason that if the defendant could afford bail, the defendant can hire a lawyer. 

If an appointed lawyer is available, these lawyers normally do good jobs. In fact, some of the most experienced criminal defense lawyers in Tarrant County often take court-appointed cases. But these defendants have no idea who they are getting. The assignment is usually random. Furthermore, if they are dissatisfied with their public assistance lawyers, for whatever reason, they usually cannot fire them.

When defendants hire private lawyers, they have complete control over the process. The defendant researches names, speaks with these lawyers, and selects one.

Furthermore, private lawyers usually have lower caseloads. Court appointments do not pay much, so these attorneys count on volume to make money. Private lawyers who charge a little more have more time to spend on your defense.

Rely on a Savvy Tarrant County Lawyer

An arrest might seem like the end of the world, but it usually is not. For a confidential consultation with an experienced criminal law attorney in Fort Worth, contact the Law Office of Kyle Whittaker. Virtual, home, and jail visits are available.