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Criminal Defense Attorneys Dallas

Criminal Defense Attorneys Dallas

If You are Charged with a Crime, You Need an Experienced Criminal Defense Attorney in Dallas.

Have you been arrested? A criminal justice system is a frightening place in which to find yourself. The state of Texas will have a seasoned prosecutor on its side. It would be best if you had a knowledgeable criminal defense lawyer on yours. If you have been arrested or charged with a crime, don’t leave your fate to chance. You need experienced legal representation by attorneys who have the knowledge and training to handle your case properly. At Berlof & Newton, P.C., each of our Dallas criminal defense attorneys has over twenty years of experience.

You may be wondering:

  • What is the penalty range for the crime with which I am charged?
  • Will I do time in the county jail or be sentenced to prison time?
  • Should I make a statement to the police?

Bail

In Texas, criminal offenses are divided into two broad categories: felonies and misdemeanors.  After you are arrested, the judge (in most cases) will set a bond.  For example, in Dallas County, the bond amount set by a judge on an aggravated assault charge might be $10,000.  Using this example, to be released from jail, the arrested person must either post a cash bond in that amount or seek a bail bondsman’s services.  In this situation, a bondsman posts a “surety bond” for you in exchange for your having paid him a fee.

Gavel and Handcuffs | Berlof & NewtonCash Bond

The bondsman’s fee is a percentage of the actual “cash bond” amount.  Bail bond companies charge between 10 and 15%, depending upon the charge’s nature, the defendant’s criminal history, and other factors.  Under these facts, you would have two means by which you could secure your release from jail.  You could post $10,000 cash at the Dallas County Bond Desk or pay a bondsman $1500 (i.e., assuming that their fee is 15% of the bond).  If you post a cash bond, the money you put up as security is returned to you (less a small administrative fee) once your case is concluded, assuming that you attend all of your court dates.

Surety Bond

If you use a bail bondsman, the bondsman keeps the money you have paid to him as his fee for posting a “surety bond” on your behalf.  In some cases, it may be possible to post a personal recognizance bond.  If a judge agrees, you may be released on your promise to appear in court at a later time.  If a defendant has an outstanding warrant and a personal recognizance bond is granted, the defendant is not required to book into jail, post a cash bond, or utilize a bail bond agent.  The warrant is recalled.

Bail Bond Attorney

If you need help with a Dallas County jail release, call us now.  The Dallas criminal defense attorneys at Berlof & Newton, P.C. can advise you regarding cash bonds, surety bonds, personal recognizance bonds, and all other issues that arise regarding Dallas County bail bonds, as well as bails bonds in Collin, Tarrant, Ellis, Denton, and Rockwall Counties.

If you need someone released from jail, whether it be for a felony or a misdemeanor, call us at 214.827.2800.  Our Dallas County bail bond attorney, will represent them in court and post their bond and help them get out of jail… FAST!

At some point after the arrest, the State of Texas will, in most cases, file a criminal charge against you.  The filing of an “indictment charges felonies.”  Class “A” and “B” misdemeanors are charged by a document known as “information.”  The filing of a “complaint initiates class “C” misdemeanors.”  Regardless of the charge, the U.S. Constitution affords all criminal defendants with many rights.  These include the right to a jury trial, the right to present witnesses on your own behalf, the right to cross-examine witnesses that might be presented against you (among others). The Fourth Amendment to the U.S. Constitution also provides that all defendants are free of “unreasonable” searches and seizure.  In some cases, if the police have obtained evidence of an alleged crime using an “unreasonable” search, this evidence can be “suppressed.”

The Defendant’s Criminal Defense Attorney

The defendant’s criminal defense attorney can file a document with the court known as a “motion to suppress.”  In this motion, the criminal defense lawyer will urge that it should not be allowed into evidence at the defendant’s trial because the evidence was illegally obtained.  For example, if the defendant is charged with marijuana possession, and the judge determines that the police obtained the marijuana as the result of an unlawful search, this evidence would thereby be inadmissible against the defendant at trial.  Without any evidence, the criminal charge would ultimately be dismissed.

Motions to suppress are but one example of a pretrial motion that an experienced criminal defense attorney can file on a defendant’s behalf.  A well-crafted defense during the pretrial stage of a criminal case can, in some cases, result in a dismissal of the case or lay the groundwork for ultimately getting an acquittal at trial. If you have a pending criminal case in Dallas, Collin, Tarrant, Rockwall, Ellis, or Denton County, you need a criminal defense lawyer who is knowledgeable about pretrial matters in criminal cases.  Look no further.  The criminal defense attorneys at Berlof & Newton, P.C., can help.  Call us now @ 214.827.2800 or use the contact form on this website.

Handcuffs | Berlof & NewtonAll Criminal Defendants are Presumed Innocent Unless Proven Guilty

All criminal defendants are presumed innocent unless proven guilty in a court of law.  In all criminal cases, the prosecution has the “burden of proof.”  A defendant is not required to prove anything at trial.  The prosecution’s “burden of proof” requires them to prove the case “beyond a reasonable doubt.”  Put another way, if, after the prosecution presents its case, the jury has any doubt whatsoever as to the defendant’s guilt, the jury is required by law to acquit the defendant and find the defendant “not guilty” (i.e., so long as the doubt the jury has is “reasonable,” in their view).

If a criminal case is not dismissed before trial, one of two outcomes is likely: 1) plea bargain, OR 2) trial.  A plea bargain usually occurs when the evidence that would be introduced at trial makes it highly likely that the defendant would be convicted.  For example, in a D.W.I. case, if the defendant were videotaped after his arrest, and stated “I’m way too drunk to drive,” all the while staggering. Slurring his words, most criminal defense lawyers would typically recommend that their client consider accepting a plea bargain rather than going to trial and having a judge or jury decide the case.

Criminal Defense Lawyers Dallas | Berlof & NewtonPlea Bargains

Plea bargains are punishments that are agreed upon between the prosecutor. The criminal defense attorney and are granted in exchange for the defendant’s agreement that he or she pleads “guilty” or “no contest” to the charge, rather than going to trial on a case in which they will almost assuredly be convicted and might very well receive an even greater punishment.  The terms of a given plea bargain agreement are negotiated between the prosecutor and criminal defense lawyer before trial and can vary greatly.  On the other hand, a trial occurs when the defendant decides to plead “not guilty,” thereby requiring the prosecutor to prove the case against him, beyond a reasonable doubt, in a court of law.

Trials are of two types: 1) jury trials AND 2) trials before the court.  In felony jury trials, the defendant’s case is tried in front of twelve jurors.  For misdemeanor jury trials, the case is tried to six.  In either instance, the jury must agree unanimously on a verdict.  If the verdict is “not guilty,” the defendant is acquitted, pays no fine, is not placed on probation, and does not face jail. Furthermore, he or she is immediately eligible for an expunction which, once granted, orders that all records of the arrest or charge be immediately destroyed.  If the verdict is “guilty,” the defendant is then sentenced, at his option, either by the judge or the jury.

Need a Dallas Criminal Defense Attorney?

If you have been charged with a crime in Dallas, Collin, Tarrant, Rockwall, Ellis, or Denton County, you need experienced Dallas criminal defense attorneys who are knowledgeable about felony jury trials, misdemeanor jury trials, plea bargains, and all other issues that arise in criminal cases.  Look no further.  The Dallas criminal defense attorneys at Berlof & Newton, P.C., can help.  Call us now @ 214.827.2800 or use the contact form on this website.

Locations We Service: Addison, Balch Springs, Carrollton, Cockrell Hill, Coppell, Dallas County, Desoto, Duncanville, Farmers Branch, Garland, Highland Park, Irving, Lancaster, Mesquite, Richardson, Rowlett, Seagoville, Sunnyvale, University Park, Allen, Collin County, Frisco, Plano