Criminal Defense Lawyer San Antonio – When someone is charged with a crime, they immediately need a skilled criminal defense attorney. The criminal defense attorneys at Carroll & Hinojosa have been representing defendants in criminal cases since 1998. Our criminal lawyers represent people charged with a wide range of crimes, from simple misdemeanors to felonies. When looking for a criminal defense attorney, it is important to look for someone who is not only experienced but also successful. Our criminal defense attorneys handle murder, aggravated sexual assault, child pornography, assault with a deadly weapon, robbery, and many other serious criminal cases and routinely obtain dismissals, acquittals, and reduced sentences for our clients. I am. Every criminal case is different and requires careful analysis by an experienced criminal lawyer. Call us today for a free, confidential, no-obligation consultation to learn how our criminal lawyers can help your case. Whether your case is a misdemeanor, felony, state or federal, our criminal defense team is ready to help.
Mr. Carroll obtained his license in 1996. He is a graduate of Western Michigan University Cooley School of Law.
Criminal Defense Lawyer San Antonio
Mr. Hinojosa has been licensed since 1996. He is a graduate of the University of Texas School of Law.
Criminal Defense Lawyer In San Antonio
Dow received his license in 1999. He graduated from the University of Mary School of Law.
The general rule is that if you are arrested, your home and car may be searched. or the police officer has a warrant issued by a judge. or where there is no “reasonable expectation of privacy” with respect to the item or location searched, such as a curbside trash can. The police officer does not have to warn you that you have the right to refuse to search your home. So even without a warrant, if you let them search something, anything they find can be used against you. If a police officer asks if they can search your home or car, you should politely decline. The same goes for store security guards, for example. They are not subject to investigation regulations like police officers. Anything the guard finds during the search can be turned over to the police and used against you, regardless of whether the guard had a real reason to stop you. Search and seizure/Fourth Amendment is a complex and hotly debated area of law. If you have questions about searches, seizures, or other methods of collecting evidence, please contact an experienced criminal attorney.
In most cases, you can be arrested without a warrant if there is probable cause to arrest you. There are some exceptions to this rule. For example, for misdemeanors that were not committed in the presence of a police officer and do not involve domestic violence or violation of a protection order (and other exceptions), the police officer does not have the legal right to arrest you. There is a possibility. . . . This does not mean you can resist or evade arrest if it is illegal.
What are my Miranda rights? What happens if a police officer doesn’t read me my Miranda rights when they arrest me?
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Everyone is familiar with Miranda warnings, at least if you watch police dramas and movies. We all know that the police officer has to read your card saying you have the right to remain silent. Everything you say can and will be used against you. If a police officer fails to read you a warning, it does not invalidate your arrest, it only suppresses what you say after your arrest. Of course, most disclosures occur before someone is arrested and Miranda rights do not apply. In a 1966 case, the Supreme Court ruled that Ernesto Miranda’s confession was inadmissible in court. Because the defendant was not informed of his right to an attorney or of his right not to incriminate himself. Miranda warnings are intended to effectively inform arrestees of these rights.
You have the right to remain silent. You have the right to have an attorney available at any time to police or law enforcement officers who wish to speak with you, and to have an attorney represent you at your hearing. You have the right to bail, except in certain cases such as murder. You have the right to have your felony case evaluated by a grand jury. As long as the victim is a minor, they have the right to confront their accuser at a hearing, with some exceptions. You have the right to a jury trial. If you are convicted of a crime, you have the right to obtain a writ of habeas corpus.
In many cases, you will be arrested on a warrant, but even if the officer believes your story, they will not let you go. If you are arrested without a warrant, the officer will try to build his case and use all sorts of statements against you. The disadvantage in either case is that you run the risk of making statements that could be used against you in court, being misunderstood by the police officer, or being misquoted.
The same applies if you appear before a judge. Shut up until you talk to a lawyer!
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What if a police officer told me I should confess and go to the district attorney and ask for more leniency?
In most cases the opposite is true. Even if you make a full confession, the district attorney knows that you do not have a prosecutable case and that a reasonable plea deal in your case is unlikely. Regardless of whether you are innocent or not, do not contact the police or law enforcement without an attorney.
Although you have the right to be represented in a criminal case, even for a traffic ticket, this is a bad idea in most jurisdictions. Remember the old quote? “Those who represent themselves are fools to their clients.”
In all cases except Class C misdemeanor cases, the court will appoint an attorney if you cannot afford one. The court must appoint a competent attorney to handle your case. If you agree to a bail other than PR or personal bail, be aware that some judges may not appoint an attorney. Some judges won’t grant public or private bail until you hire a lawyer, so you could end up spending weeks in jail before the court appoints someone to represent you.
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For adults, the arresting officer usually reads the defendant their Miranda rights (many defendants say no one bothered to inform them, but police reports say the officer read them the warning) ). The police officer will then take him to a magistrate to determine if there is a valid reason to detain you. At this stage, there are very few people left, regardless of the situation. His attorney typically does not appear at magistrate hearings in Bexar County. His wait time at the magistrate’s office at 401 S. Julio in Bexar County can be two to three hours, or even longer. You can also call us during these hours. After his arrest, he will be detained until 2:00 p.m. There will be no transfer to the Bexar County Adult Detention Facility on Comal Street. The inspection at the prison (fingerprinting, photo taking, change of prison uniform) may take several hours. He will not be released until you post bail or go to court.
In felony cases, the district attorney’s office takes the defendant’s case to a grand jury for a “true indictment.” In misdemeanor cases, the district attorney (or district attorney in some counties) files a sworn complaint with the court.
If a defendant is arrested in violation of the terms of his parole or probation, he will be held without bail. If he seeks to have his probation revoked, he could be held for up to 20 days without trial or bail. In these cases, hire a lawyer as soon as possible.
The defendant may be released on a personal bond, cash bond, 10% cash bond, or bond posted by a surety. Bail is typically set when the defendant appears before a magistrate in addition to being read his or her rights. Typically, in prison, pretrial services interview the defendant for a personal bond. Although it may take longer in some cases, it is better than paying more than 10% of his bail amount to a bail bondsman. Private connections are often rejected for various reasons. If your bail is low and the clock is running low, post your bail and leave the country. Or pay the full bond amount to the Sheriff’s Office (money order or cashier’s check). If the bail amount is high, the bail bondsman will usually set up a payment plan. That sounds good, but many defendants can’t afford a lawyer.
Murder / Manslaughter
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