Why should I hire a trial attorney for my criminal case?
It’s not hyperbole to state that when you face criminal charges your literal future is at stake and in more ways than one. Clients that retain our firm often face not only the loss of their liberty (jail time), but also the very real possibility of losing their jobs, losing their housing, losing licensing and more. Choosing the right type of attorney for your particular situation is paramount, and starting off your criminal defense on the best foot is often the best and the first step on the path of getting a favorable resolution to a criminal case. The question then, is should you hire a trial attorney to represent you or not? Here are some things to consider when you make that very important decision.
What is a criminal defense trial attorney?
Put simply, a criminal trial lawyer is a lawyer that specializes in trying criminal cases to Texas juries. Not unlike any other criminal defense attorney they will seek a favorable resolution to your case that more times than not will result in some type of negotiated plea deal, dismissal, etc. In fact, the vast majority of criminal cases in Texas result in some type of negotiated plea deal, dismissal, etc. A proportionally small percentage of cases will ever be tried to a Texas jury due to any combination of risk to the defendant, risk to the State, bad facts, good evidence, etc. The difference, however, is that a trial lawyer understands that not every case will result in a negotiated dismissal, or a favorable non-trial resolution and will prepare your case as if it will be going to trial from the initial date they are retained. A trial lawyer is versed in thinking about how to best present your case to a Texas jury, how to gather evidence, how to extract evidence from uncooperative witnesses, and how to subpoena and examine forensic evidence, while also simultaneously defending any weaknesses in your case. Due to their work up of a case and expertise, a good trial lawyer can often times force an uncooperative prosecutor to the table for a resolution that is favorable to you.
Do I need to retain a criminal defense trial attorney?
That depends on you, your financial situation, the severity of your case, and your goals. Some folks simply do not have an interest in going to trial. Some folks may need a trial to get a specific legal outcome regardless of how “good” a negotiated plea offer is from a prosecutor. Some folks simply can’t afford to hire a criminal defense trial attorney because generally they tend to be more expensive. Consider a few real world examples we have had with our clients as you consider if you should hire a criminal defense trial attorney.
Example 1: John is charged with DWI. He is also on parole for another unrelated case and is facing a revocation of his parole due to this DWI charge. A negotiated plea deal, dismissal, or probation could still result in him being sent back to prison due to simply being charged with DWI. A not guilty jury verdict is likely his best chance at staying out of prison on his parole case. He would be able to not only submit the not guilty verdict to the parole board, but also the entire trial transcript as well for further proof of his innocence and the weakness of the State’s case.
Example 2: Sally is a Nurse with a valid nursing license. She is planning on applying to undertake additional schooling to be a nurse practitioner in a year. However, she is currently facing felony charges for possession of a controlled substance. She knows the application process to be a nurse practitioner will ask if she has ever been arrested, has been placed on probation, or has any pending criminal charges. Probation, deferred adjudication, a diversion program, or even a dismissal will not fully clear and seal Sally’s record. A not guilty and immediate expunction of her arrest history is likely the best way to ensure her criminal history regarding the possession of a controlled substance does not hinder her application.
Example 3: Billy is accused of assault family violence against a bitter ex. Billy knows that he not only did not assault this ex, but he wasn’t even in the same County as the ex when the alleged assault occurred. The State does not believe him and believes there is objective evidence that contradicts Billy’s story. The State offers Billy a dismissal if he takes a family violence class, pays $1,000.00, and is on probation for six months. Billy knows that even though the State is offering him a dismissal, he did not assault his ex, and wants a trial to prove his innocence.
TEXAS CRIMINAL DEFENSE TRIAL LAWYER
A Texas criminal defense trial attorney understands the serious and complex ramifications of felony charges. Retaining a good criminal defense trial attorney is your best and first opportunity to build a robust defense and offers your best chance of avoiding a felony conviction and staying out of prison. If you've been charged with a felony in Dallas, Texas or its surrounding counties, the Law Office of Alton James III is prepared to fight for you. Our office has over a decade of criminal defense and prosecutorial experience, and has dedicated our law practice to defending Texans of all stripes. To set up a consultation, contact the Law Office of Alton James III today at 469.638.5571.
