Working Tenaciously To Protect Your Rights And Preserve Your Freedom

Texas Criminal Defense – Frequently Asked Questions

Every criminal charge is unique, and every defendant of a criminal charge is likely to come with their own unique set of questions. At the Shapiro Law Firm, we have provided the Dallas-Fort Worth area with legal representation for over 40 years. And in our experience, here are some common questions and topics of interest for criminal law:

How can I get the best resolution?

Obtaining a favorable resolution starts by seeking out a representative with experience. Our lawyers at the Shapiro Law Firm come from dynamic legal backgrounds that give them a unique perspective in the courtroom. For example, attorney Todd Shapiro spent time as a prosecutor at the Dallas County District Attorney’s Office, and he uses his experience as a prosecutor to build the best defense possible for his clients.

Am I going to jail or prison?

If convicted, whether you end up in jail or in prison will depend on the circumstances surrounding your case. Basically, the severity of the crime will have an influence. For example, was the offense a misdemeanor or was it a felony?

What is the difference between a felony and a misdemeanor?

A misdemeanor is a less severe criminal charge. Penalties for a misdemeanor conviction will range anywhere from a simple fine to months in a county jail. Conviction for a felony charge could result in heavy fines and years in prison, depending on the degree of the offense.

How do I keep my record clean?

In Texas, you may have your arrest records expunged or sealed, depending on your circumstances. Though expungement will require that you complete the necessary petitions and follow the forms closely. We offer assistance with clearing criminal records.

If my child is charged, how can I help?

You can help your child by hiring a private legal counselor. Private attorneys with a background in criminal defense, especially those who understand both sides of a criminal case, will know what to expect in the courtroom. They will also help you better understand the process and the strategies of the prosecution and provide your family with some peace of mind during a tough time.

What should I do if the police want to question me?

If the police want to question you, the most important thing to remember is that you have the right to remain silent. You are not required to answer questions that may incriminate you, and anything you say can later be used as evidence in court. Even statements that seem harmless may be interpreted differently by law enforcement or prosecutors. Before answering any questions, politely state that you would like to speak with an attorney. A criminal defense lawyer can help protect your rights and determine whether giving a statement is in your best interest.

Do I really need an attorney if I plan to plead guilty?

Yes. Even if you think pleading guilty is the likely outcome, it is still important to consult with an experienced defense attorney. A lawyer can review the facts of the case, assess whether the charges are appropriate and determine whether the prosecution’s offer is fair. In many cases, there may be opportunities to reduce charges, negotiate lighter penalties or pursue alternatives such as deferred adjudication.

Will my criminal case automatically go to trial?

No. Most criminal cases do not automatically go to trial. Many are resolved through dismissal, plea negotiations, diversion programs or deferred adjudication. Whether a case proceeds to trial depends on the strength of the evidence, the legal issues involved and the defense strategy.

Can the police search my car or home without a warrant?

Police generally need a valid warrant to search your home, but there are several exceptions. For example, if you consent to the search, if evidence is in plain view or if there are emergency circumstances, a warrant may not be required. Vehicle searches are also subject to different legal standards, and officers may search a car if they have probable cause. If you believe an unlawful search occurred, an attorney can review whether the evidence may be challenged in court.

What is deferred adjudication in Texas?

Deferred adjudication is a type of probation available in certain Texas criminal cases. Instead of entering a final conviction, the court places the defendant under supervision for a specified period. If all terms are completed successfully, the case may be dismissed without a formal conviction being entered. However, it can still have consequences for background checks and future legal matters, so it is important to understand its long-term impact.