Getting involved in any kind of criminal activity can be a very scary thing. If you have been arrested or are under investigation for a crime, it is important to understand the criminal law justice system and what your rights are.
Criminal law can be complex, and the consequences of a conviction can be severe, so it is crucial to have an experienced criminal defense attorney on your side.
Aside from having an experienced criminal defense attorney like Cole Paschall Law, it is also important to know the means and ways of criminal law in Fort Worth, TX.
Common Types of Defenses
Before we go any further, let’s first understand the common types of defenses available under Texas criminal law. These are important to know because they will be your best chance at fighting the charges against you and achieving a favorable outcome in your case.
The following are some of the most common legal defenses used in criminal law cases:
1. Affirmative Defense
An affirmative defense is a type of defense where the defendant admits that he or she committed the crime, but there are extenuating circumstances that prevented him or her from being guilty of the crime.
For example, if you were defending yourself from an attacker, you could use affirmative defense to argue that you were not guilty of assault because you were acting in self-defense.
2. Coercion and Duress
When it can be shown that the defendant committed a crime because he or she was coerced or forced to do so through the use of violence or the threat of violence, this can be used as a defense. An example of this would be if someone was being held hostage and forced to commit a robbery.
3. Abandonment and Withdrawal
There is a difference between abandonment and withdrawal when it comes to criminal law. Withdrawal occurs when the defendant decides to stop participating in a crime before it is committed, while abandonment occurs when the defendant tries to stop the crime after it has been committed.
An example of abandonment would be if someone was being robbed and decided to fight back, while an example of withdrawal would be if someone was planning to commit a robbery but then had a change of heart and decided not to go through with it.
4. Self-Defense
It is one of the most common defenses used in criminal law, and it can be used in a variety of different situations. Self-defense can be used as a defense to charges of assault, battery, homicide, and more.
To successfully use self-defense as a defense, you must be able to show that you reasonably believed that you were in danger of being harmed or killed and that the force you used was necessary to protect yourself from that harm.
5. Defense-of-Others
Aside from self-defense, there is also defense-of-others where you can use force to protect someone else from being harmed.
To successfully use defense-of-others as a defense, you must be able to show that the other person reasonably believed that he or she was in danger of being harmed or killed and that the force you used was necessary to protect that person from that harm.
6. Violations of Constitutional Rights
When it comes to criminal law, there are also a number of constitutional rights that can be violated. If your constitutional rights have been violated during your arrest or during the investigation of your case, this can be used as a defense.
Some of the most common constitutional rights that are violated in criminal law cases include the right to remain silent, the right to an attorney, and the right to a fair trial.
7. Insanity
While it is not used as often as other defenses, insanity can be used as a defense in criminal law cases. To successfully use an insanity defense, you must be able to show that you were suffering from a mental illness at the time of the crime and that because of your mental illness, you did not understand that what you were doing was wrong.
What To Do When Accused?
Unfortunate events happen to good people every day. If you or a loved one has been accused of a crime, it is important to remain calm and collected. The decisions you make in the early stages of your case can have a major impact on the outcome.
Here are some tips for what to do if you are accused of a crime:
1. Do Not Talk to the Police
It is important to remember that you have the right to remain silent when questioned by the police. You should exercise this right and politely decline to answer any questions until you have an attorney present. Anything you say to the police can and will be used against you in court.
2. Request an Attorney
If you cannot afford an attorney, one will be appointed for you. It is important to have a criminal law defense lawyer present during questioning by the police as they will be able to protect your rights and make sure you are not being interrogated unlawfully.
3. Do Not Resist Arrest
If the police have a warrant for your arrest, it is important that you go with them peacefully. Resisting arrest will only add to the charges against you and make your situation worse.
4. Gather Evidence
If you are able to, try to gather evidence that can help your case. This may include witnesses who can testify on your behalf or any physical evidence that may help prove your innocence.
5. Remain Calm and Collected
Again, it is important to remember that an accusation is not the same as a conviction. You are innocent until proven guilty, and it is important to keep that in mind throughout the entire process. Getting angry or upset will only make your situation worse.
Rights During Arrest and Questioning
When you are arrested or questioned by the police, it is important to know what your rights are. You have the right to remain silent, the right to an attorney, and the right to a fair trial. If your constitutional rights have been violated during your arrest or questioning, this can be used as a defense in court.
When you are arrested in Fort Worth TX, the police must read you your Miranda rights. These rights include the right to remain silent and the right to an attorney. It is important that you exercise these rights and do not say anything to the police until you have an attorney present. You risk having any statements you make to the police used against you in court.
Having one or two criminal defense attorneys by your side is also one of the rights that you have. If, unfortunately, you are unable to afford one, the court will appoint a public defender to your case. This is to make sure that you have a fair chance in court, as your attorney will be able to protect your rights and give you the best chance possible at a favorable outcome.
A fair trial is also one of your constitutional rights. This means that you have the right to a jury trial, the right to confront your accuser, and the right to call witnesses on your behalf. If you feel that your rights have been violated at any point during your arrest or trial, you should speak to your defense criminal lawyer as this may be grounds for an appeal.
Which Types of Charges and Convictions Can Be Expunged?
In the state of Texas, certain types of criminal law charges and convictions can be expunged, or removed, from your record. This process is known as “expungement.”
Expungement is a legal process that allows you to have certain types of criminal law charges and convictions removed from your record. This means that they will no longer show up on background checks or other public records. In order to have your charges expunged, you must first meet certain eligibility requirements and then file a petition with the court.
There are many benefits to having your criminal lawrecord expunged. It can make it easier to find a job, housing, or education. Expungement can also help you move on from your past and start fresh.
However, not all types of criminal law charges and convictions can be expunged. Here are the most common types of charges and convictions that can be expunged:
- Class C Misdemeanors
- Certain Juvenile Offenses
- Deferred Adjudications
- Dismissed Charges
- Non-Convictions
- Orders of Nondisclosure
If you have been convicted of a felony or certain types of misdemeanors, you will not be eligible for expungement. Additionally, if you have already had your record expunged once, you will not be eligible to have it expunged again.
If you think you may be eligible for expungement, contact the best criminal defense firm like Cole Paschall Law today to discuss your case and determine your next steps.
Criminal law charges can vary from very serious felonies to more minor misdemeanors. A criminal defense attorney Fort Worth can help you understand the charges against you and build a strong defense.
What To Expect in Criminal Court?
Different types of criminal cases will involve different types of court proceedings. If you are facing criminal charges in Fort Worth TX, it is important to know what to expect in court and how to prepare for your case.
The first step in any criminal case is an arraignment. During this hearing, the charges against you will be read and you will enter a plea of guilty or not guilty. If you plead not guilty, your case will move on to the next stage, which is a pretrial conference.
At the pretrial conference, your attorney will meet with the prosecutor to discuss the evidence in your case and try to reach a plea agreement. If an agreement cannot be reached, your case will go to trial.
If your case goes to trial, a jury will hear the evidence and decide whether or not you are guilty of the charges against you. If you are convicted, you will be sentenced by the judge.
The best way to prepare for your case is to hire experienced criminal defense lawyers in Fort Worth TX who can guide you through the process and help you build a strong defense.
Types of Evidence in Criminal Cases
If you’re already under investigation or have been arrested for a crime, it’s important to know what type of evidence the prosecution might use against you. Criminal defense lawyers in Fort Worth TX can help you understand the types of evidence that might be used in your case and how to defend against them.
Some of the most common types of evidence used in criminal cases include:
1. Physical Evidence
This type of evidence includes anything that can be physically seen, touched, or measured. Physical evidence can include fingerprints, DNA, blood, hair, or clothing.
2. Eyewitness Testimony
Eyewitnesses are people who saw the crime take place. Their testimony can be very powerful evidence against you. However, it is important to remember that eyewitnesses can sometimes make mistakes.
3. Confessions
If you confess to committing a crime, that confession can be used as evidence against you. It is important to speak with an attorney before making any statements to the police.
4. Circumstantial Evidence
This type of evidence does not directly prove that you committed a crime, but it supports the prosecution’s case against you. Circumstantial evidence can include things like motive, opportunity, or means.
If you are facing criminal charges in Fort Worth TX, it is important to hire experienced criminal defense attorneys who can help you understand the evidence against you.
Ways a Defense Attorney Can Help
If you’ve been charged with a crime, it’s important to have an experienced criminal defense attorney on your side. Criminal defense lawyers in Fort Worth TX can help you in many different ways, including:
1. Investigating Your Case
Criminal defense attorneys in Fort Worth TX can help you by investigating your case and gathering evidence to support your defense. They may also hire expert witnesses to testify on your behalf.
2. Negotiating with the Prosecutor
Your attorney can negotiate with the prosecutor to try to get the charges against you reduced or dismissed. In some cases, they may be able to get you a plea deal.
3. Defending You at Trial
One of the most common ways criminal defense lawyers in Fort Worth TX help their clients is by representing them at trial. If your case goes to trial, your attorney will be by your side every step of the way.
When you are charged with a crime, it is important to have the best criminal defense law firm on your side who can guide you through the process and help you build a strong defense against the charges. The Cole Paschall Law criminal defense firm has experienced criminal defense lawyers in Fort Worth TX who can help you with your case.
Contact us today to schedule a free consultation.
What To Look for in a Criminal Defense Lawyer?
If you’re still looking for the best criminal defense attorneys in Fort Worth TX, and don’t know where to start, here are some things to look for:
1. Experience
When you’re looking for criminal defense lawyers in Fort Worth TX, it’s important to find an attorney who has experience handling cases like yours.
Criminal defense is a complex area of law, and you want an attorney who knows the ins and outs of the criminal justice system. Former prosecutors make some of the best criminal defense lawyers because they know how the other side thinks.
2. Criminal Trial Experience
While all criminal defense lawyers in Fort Worth TX should have experience handling criminal cases, not all attorneys or former prosecutors have experience taking cases to trial. If your case does go to trial, you want an attorney who is comfortable in the courtroom and knows how to properly present a case to a jury.
3. A Good Reputation
It’s also important to find an attorney with a good reputation. You can ask around for recommendations or check online reviews to see what other people have said about the attorneys you’re considering especially when it comes to handling federal crimes.
4. Clear Communication
When you meet with potential Criminal defense lawyers in Fort Worth TX, pay attention to how well they communicate. You want an attorney who is clear and concise in their explanations, and who makes you feel comfortable asking questions whether it’s for personal injury law or for felony and misdemeanor crimes.
4. A Good Fit
Finally, it’s important to find a law office or an attorney who you feel is a good fit for you. Criminal defense cases can be stressful, and you want an defense criminal lawyer who you feel like you can trust. Even if you find an assistant criminal district attorney and you think they’re qualified, if you don’t feel comfortable with them, it’s probably not the right fit.
When you’re facing criminal charges in Fort Worth TX, the experienced defense criminal lawyers at Cole Paschall Law are here to help. We have a long track record of success in criminal offenses and defense cases, and we’re ready to put our experience to work for you.
For more information you can visit: Why You Need an Experienced Fort Worth Criminal Defense Attorney
Contact a Board Certified Criminal Defense Attorney in Fort Worth, TX Today
A board certified criminal defense attorney is an attorney who has been certified by the Texas Board of Legal Specialization in the area of Criminal Defense. In order to be board certified, an attorney must have:
- Graduated from an accredited law school.
- Been licensed to practice law for at least four years.
- Devoted a significant portion of their practice to criminal defense or criminal law.
- Handled a certain number of criminal defense cases in their law firm.
- Tried a certain number of criminal defense cases to verdict.
- Received favorable evaluations from other attorneys and judges.
- Passed a written examination in criminal defense.
When you are charged with a crime, it is important to have the best criminal defense law firm on your side who can guide you through the process and help you build a strong defense against the charges. Cole Paschall Law criminal defense law firm has experienced defense criminal lawyers in Fort Worth TX who can help you with your case.
Cole Paschall Law criminal defense firm is proud to have several attorneys who are members of the Texas Association of Defense Counsel or TADC. Our attorneys are dedicated to providing the best possible defense for our clients, and we are proud to be part of an organization that shares our commitment to excellence.
Criminal defense attorneys in Fort Worth handle all types of criminal cases, from misdemeanors to felonies. If you have been charged with a crime, it is important to contact an attorney as soon as possible so they can begin building your defense.
Criminal defense lawyers in Fort Worth TX will work tirelessly to get the best possible outcome for your case whether that means getting the charges dropped or reduced or taking your case to trial and winning an acquittal.
Contact Cole Paschall Law today to schedule a free consultation!
