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Criminal Defense Archives | Howard Lotspeich Alexander & Williams, PLLC

Jun 27
0
Inside a courtroom at the Tarrant County Criminal Courthouse, where routine criminal case settings like Initial Appearance and Pre-Trial Hearings take place

What to Expect at the Tarrant County Criminal Courthouse

By | Criminal Defense
Inside a courtroom at the Tarrant County Criminal Courthouse, where routine criminal case settings like Initial Appearance and Pre-Trial Hearings take place

Understanding what to expect during your criminal court settings at the Tarrant County Courthouse can help reduce anxiety and prepare you for each step in the legal process.

When someone is facing criminal charges, after an arrest and getting out of jail, one of the next events that causes someone in this situation a good amount of anxiety is having to navigate through the often-foreign process of the criminal courts system. Knowing more about how this process works can ease your mind a bit and help you focus on the substance of what you and your attorney will work towards in your case. 

This article aims to give you what you need to know and expect at the Tarrant County Criminal Courthouse and attending court settings.

Types of Court Settings

 

The Initial Appearance Court Setting (IA)

When a case has been filed by the District Attorney, a court is assigned to that case. In Tarrant County, the first thing that the court will do is set what is called an Initial Appearance (IA) court date. The sole purpose of the IA is for the court to determine what the status is of you being represented. The court is ordering you to come to the IA to either inform the court 1) whether you have an attorney or will be hiring one or 2) if you would like to apply for a court-appointed attorney. Typically, the court informs you of this setting via text message. Because most people are not familiar with what an IA is, they typically get concerned about having to go to court for this and assume that something more significant is going to take place in this setting. However, the IA is not a trial, and not a setting where anything other than addressing a person’s attorney situation is addressed. 

The good news is that if you hire an attorney before this setting, then the attorney should enter a Letter of Representation with the court. Once the court receives that Letter of Representation, then the court will typically cancel that setting and reset the case to a later date to allow time for the attorney to obtain discovery and start working on your case.

The IA is a formal setting and if you receive notice to be at court and you haven’t retained an attorney, you must attend this setting. Important: For any setting notice that you receive from Tarrant County, you must be there unless notified otherwise by the court or your attorney. Failure to appear to court after being notified of a setting can and will result in a warrant being issued for failure to appear.

Routine Court Settings (Pre-Trial, Evidence Exchange, Motions Docket)

After the IA has either been rescheduled or held, then you should have an attorney (either by retaining one or by receiving court-appointed counsel). From that point, the court will set routine settings approximately every 30 days (although this time period varies depending on the size of the court’s dockets at a given time). Some courts have different names for these settings and will schedule them in different orders. In general though, regardless of whether the setting is called a pre-trial setting, evidence exchange, or even sometimes a motions docket, these settings all typically proceed in the same manner (explained below). 

At all of these settings, the Judge, you, your attorney and the State’s prosecutor assigned to your case will be present for court. And, at any of these settings the case can be disposed of either by way of a dismissal or guilty plea. If a guilty plea is worked out, then you will go in front of the Judge with your attorney to formalize the plea and conclude the case. If a dismissal is obtained, then the prosecutor can file their Motion to Dismiss with the Judge on any of these settings as well. If further negotiations are going to be required and nothing is resolved, then the court will continue to move the case forward by resetting the case to the next setting to continue to give your attorney and the State an opportunity to resolve the case without having to set the case for trial.

Status Conference and Trial Settings

As the case moves through the order of settings, the court will not allow the case to simply be reset over and over again inevitably. In general, a case will be given around 3 settings before the Court sets the case for what is called a Status Conference setting. The Status Conference setting is regarded as the final setting before the case is set for trial and is the setting where the Court is looking for either the case to be pled out or set on a trial docket. 

If the case is not either dismissed or pled, then the court will set the case for a Trial docket. The routine settings and status conference setting generally proceed in the same manner (explained below). The Trial Setting is unique and is the setting that most people think of as far as what Court looks like from what they’ve seen on television and movies. 

Again, for all court settings that you receive notice of, you must be present or the court will issue a warrant for failure to appear. You should keep in close contact with your attorney regarding all settings to confirm the setting. Sometimes things do change, and your attorney should have a direct line to the court to be able to confirm that the setting is scheduled and to confirm that you will be required to come to court for that particular setting.

What To Expect at Court Settings

 

What Happens at a Court Setting (Routine Settings and Status Conference)

At routine court settings, there are generally 20-40 people set on the same docket (list of cases scheduled for that day) all at the same time. Some people have this idea that when they go to court it will just be them and their attorney alone in the courtroom with the prosecutor and Judge. However, this is far from the case. With up to 40 (sometimes even more) people all set at the same time on the same docket, the routine court settings are often extremely crowded and busy. Your notice for your setting will typically tell you that the setting is scheduled for 8:30 or 9:00 a.m. (this too can vary). Regardless of when the setting is scheduled for, the court’s text-message notice will usually tell you to be at court an hour to an hour and a half early. The reason for this is because (with the amount of people all coming at the same time to the courthouse for docket) parking and getting to your individual court on packed elevators can significantly delay you actually getting to your court. It’s good advice to follow that direction and come to court early. The primary reason you want to do this is because the Judge in the court will often call “roll” for everyone on the docket at exactly the time when court is scheduled for (think “roll-call” like when you were in school). In addition, almost every court has you check in with the bailiff (as you will see others doing) right when the courtroom doors open (and they often don’t open them until right before the scheduled start time). The court/bailiff will note what time you have arrived at court. Being late to court can also potentially result in you being taken into custody. So, get to your setting early and immediately go into the courtroom when the doors open and check in with the bailiff that will be sitting at his/her desk in the courtroom. 

We often tell our clients that their most important job for these routine court settings is to be there and be there on time. Other than that, your attorney should be taking the lead from there and will inform you on what’s going on with the case and what to expect moving forward. 

During these routine settings, everyone scheduled for court will sit in the audience-portion of the courtroom while their attorney’s are speaking with the prosecutors about the cases (either in the courtroom or in a room behind the courtroom). Your attorney will usually get you after they’ve spoken with the State and take you into the hall to update you on the case. Once that is done, your attorney will update the court with the status of the case and the case will either be reset or if a plea has been worked out your attorney will go over plea paperwork and talk to you about what happens next. If the case is just going to be reset, then your attorney should inform you of this and let you know when you can go. 

All routine settings and even the Status Conference setting proceed in this same general manner. However, if you attend the Status Conference and don’t enter a plea on your case, then the case will be placed on a Trial Docket for a Trial setting explained below.

What Happens at a Tarrant County Trial Setting

If the case was not resolved (by way of a dismissal or plea) during one of the routine settings, then the case will be set for Trial. You should be maintaining good contact with your attorney after the Status Conference (if the case is set for trial), because the Trial setting means that your case very likely will be actually going to trial on that date. 

While courts do typically set multiple cases for trial on the same date, you and your attorney should anticipate that your case will be going to trial on that date regardless. Your attorney will be in contact with the State to gauge a little more about whether you’re the #1 case on the docket or not. But, even if you’re not the #1 case on the trial docket that doesn’t mean that the cases set in front of you won’t all get pled out leaving your case to be up for trial. 

Trial will proceed on the Trial Date by way of picking the jury, opening statements, presentation of evidence and closing statements. Trial can take a day for some simple misdemeanors or it can take weeks or even months (for capital felonies). Regardless, that process starts on the day of the Trial setting and continues until a verdict (and potential sentencing) occurs in the case.  

Conclusion

 

If you’ve never been through the criminal justice system in Tarrant County, the prospect of “going to court” can be frightening and certainly foreign. But, knowing what to expect hopefully eases some of that anxiety. Ultimately, the best way to manage this stress is to retain an experienced attorney who has the knowledge, background and communication with you to keep you informed as to what to expect every step of the way. 

At the HLAW law firm, we are committed to walking side-by-side with our clients and always being mindful of the stress you’re under when facing criminal charges. We take as much time as we need to make sure you’re fully informed every step of the way and to make sure you understand the process and what to expect.

If you’re facing criminal charges, contact the HLAW firm today for a free consultation to start getting prepared for your defense and to learn what more you might need to expect  at the Tarrant County Criminal Courthouse.

May 29
0
Texas drug offenses guide showing marijuana, pills, and drug paraphernalia with HLAW Law Firm logo.

Texas Drug Offenses: A guide on what you need to know. 

By | Drug Crimes
Texas drug offenses guide showing marijuana, pills, and drug paraphernalia with HLAW Law Firm logo.

An overview of common Texas drug offenses, from possession of controlled substances to drug paraphernalia. Learn what you need to know about Texas drug laws.

Facing drug charges in Texas can be a daunting experience, with potential consequences ranging from hefty fines and incarceration to long-term impacts on your personal and professional life. Texas has some of the strictest drug laws in the nation, and understanding the nuances of these statutes is crucial for anyone navigating the legal system. This detailed guide, complete with relevant legal citations, aims to shed light on the various types of drug offenses in Texas and the severe penalties associated with them.

1. Possession of a Controlled Substance

Possession of a controlled substance without a valid prescription is a serious offense in Texas, governed primarily by Texas Health and Safety Code §§ 481.115 – 481.118. The severity of the charge and its associated penalties are highly dependent on several critical factors:

  • Type of Substance (Penalty Group): Texas law categorizes controlled substances into distinct “Penalty Groups,” each carrying a different level of legal consequence. These groups, ranging from 1 to 4, with an additional 1-A and 2-A, are a fundamental aspect of Texas drug legislation. For instance, substances in Penalty Group 1 (PG1) typically incur the most severe penalties, reflecting their high potential for abuse and lack of accepted medical use.
  • Quantity of the Substance: The amount of the controlled substance in possession directly correlates with the classification of the offense. Even a small amount of a PG1 substance can be charged as a state jail felony, while possessing larger quantities can escalate to first-degree felonies, carrying potential sentences of life in prison. The weight or aggregate weight of the substance is a key determinant.
  • Aggravating Factors: Certain circumstances can significantly enhance the penalties for possession. These include, but are not limited to, possession within a drug-free zone (e.g., near schools or playgrounds), possession with the intent to deliver, or possession while in possession of a firearm. These factors demonstrate a greater threat to public safety and thus warrant more stringent punishment.

Understanding “Possession”: It’s important to note that “possession” in Texas law doesn’t necessarily mean holding the substance in your hand. It can refer to “actual possession” (direct physical control) or “constructive possession” (exercising care, custody, or control over the substance, even if it’s not on your person). Prosecutors must prove that the accused knowingly or intentionally possessed the substance in one of these ways.

2. Possession of Marijuana

Despite a growing national trend towards marijuana legalization, Texas maintains strict laws regarding marijuana possession. Texas Health and Safety Code § 481.121 specifically addresses marijuana offenses, with penalties directly tied to the quantity possessed.

Amount Possessed Classification Penalty
Less than 2 ounces Class B Misdemeanor Up to 180 days in county jail, up to $2,000 fine
2–4 ounces Class A Misdemeanor Up to 1 year in county jail, up to $4,000 fine
More than 4 ounces to 5 pounds State Jail Felony 180 days to 2 years in state jail, up to $10,000 fine
More than 5 pounds to 50 pounds 3rd Degree Felony 2–10 years in state prison, up to $10,000 fine
More than 50 pounds to 2,000 pounds 2nd Degree Felony 2–20 years in state prison, up to $10,000 fine
More than 2,000 pounds 1st Degree Felony 10–99 years or life in state prison, up to $100,000 fine

Note on “Usable Quantity”: For a marijuana possession charge to stick, the prosecution must prove the individual possessed a “usable quantity.” This generally means enough to be used as a drug, though there’s no precise definition, and it can be a point of contention in legal proceedings.

3. Possession of Drug Paraphernalia

The possession of drug paraphernalia, while often a lesser offense than drug possession itself, can still lead to significant legal trouble. Texas Health and Safety Code § 481.125 broadly defines paraphernalia to include any equipment, products, or materials used or intended for use in cultivating, manufacturing, processing, packaging, storing, or consuming controlled substances. Common examples include:

  • Pipes, water pipes (bongs), and other smoking devices
  • Rolling papers and blunt wrappers
  • Digital scales used for weighing drugs
  • Syringes and hypodermic needles (unless for legitimate medical purposes)
  • Containers used for storing or concealing drugs

Simple possession of drug paraphernalia is typically classified as a Class C Misdemeanor, punishable by a fine of up to $500. However, if the prosecution can prove that the individual sold or possessed paraphernalia with the intent to sell it, the charge can escalate to a Class A Misdemeanor or even a felony, depending on the circumstances, such as selling to a minor.

4. Manufacturing or Delivery of a Controlled Substance

These offenses represent some of the most serious drug charges in Texas, outlined in Texas Health and Safety Code §§ 481.112 – 481.114.

  • Manufacturing: This term encompasses the production, preparation, propagation, compounding, conversion, or processing of a controlled substance. It can range from operating a large-scale drug lab to even simple acts like growing marijuana plants if the intent is to produce a usable drug.
  • Delivery: This is defined as the actual or constructive transfer of a controlled substance, regardless of whether there was payment or consideration. This includes selling, giving away, or even simply handing over a drug to another person.

The penalties for manufacturing or delivery are extremely severe and are determined by the Penalty Group of the substance and the quantity involved. For example, manufacturing or delivering a small amount of a PG1 substance can be a state jail felony, while large-scale operations involving significant quantities can result in first-degree felony charges, with potential sentences of life in prison and massive fines. Furthermore, enhanced penalties apply if these offenses occur in designated drug-free zones or if minors are involved in the illicit activities.

5. Possession with Intent to Deliver (PWID)

Even if an individual isn’t caught in the act of manufacturing or delivering, they can still be charged with Possession with Intent to Deliver (PWID) under Texas Health and Safety Code §§ 481.112 – 481.114. This charge relies on circumstantial evidence that indicates the intent to distribute the controlled substance. Prosecutors often infer intent from:

  • Large Quantities of Drugs: Possessing an amount of a substance that exceeds what would typically be for personal use.
  • Packaging Materials: Having baggies, vials, or other materials commonly used for drug distribution.
  • Weighing Scales: Possession of digital scales, especially in conjunction with drugs.
  • Presence of Large Sums of Cash: Unexplained large amounts of money.
  • Communications (Text Messages, Emails): Digital communications implying drug sales or distribution.
  • Multiple Cell Phones: Possession of multiple phones, often associated with drug dealing.
  • Weapons: The presence of firearms can also be used to infer an intent to protect drug operations.

The penalties for PWID mirror those for actual manufacturing or delivery, making it a very serious charge.

6. Drug-Free Zones & Enhanced Penalties

Texas takes a particularly harsh stance on drug offenses committed near protected locations. Texas Health and Safety Code § 481.134 designates “drug-free zones” and mandates enhanced penalties for offenses that occur within 1,000 feet of:

  • Public or private schools (including childcare facilities and institutions of higher education)
  • Playgrounds
  • Public or private youth centers
  • Public swimming pools
  • Video arcade facilities
  • School buses
  • Correctional facilities
  • Mental health facilities

These enhancements can include increased minimum sentences, often doubling the potential fine and adding additional years to a prison sentence. The rationale behind these laws is to protect vulnerable populations and deter drug activity in areas frequented by children and those in rehabilitative environments.

7. Penalty Groups in Texas: A Detailed Look

The Texas Health and Safety Code categorizes controlled substances into distinct Penalty Groups, which are fundamental to determining the severity of drug charges.

There are several federal acts that regulate drug charges, but the primary act is the Controlled Substances Act (CSA) (21 U.S. Code § 801 et seq.). This federal law establishes five schedules for controlled substances, similar to Texas’ Penalty Groups, and sets out various criminal offenses related to manufacturing, distributing, and possessing these substances.

Federal drug charges are usually applicable when:

  • Interstate or International Trafficking: The drug activity crosses state lines or international borders, bringing it under federal jurisdiction.
  • Large-Scale Operations: The quantity of drugs involved, the complexity of the criminal enterprise, or the financial proceeds are substantial enough to warrant federal intervention.
  • Federal Agency Involvement: The arrest is made by federal law enforcement agencies such as the Drug Enforcement Administration (DEA), Federal Bureau of Investigation (FBI), or Immigration and Customs Enforcement (ICE).

Federal convictions under Title 21 U.S. Code often carry mandatory minimum sentences, meaning judges have less discretion in sentencing. For example, trafficking certain quantities of controlled substances can trigger mandatory minimums of 5 or 10 years, and these sentences can be significantly increased for repeat offenders or those involved in large-scale conspiracies. Federal prisons also tend to have different conditions and parole opportunities compared to state prisons.

8. Defending Against Drug Charges

A strong defense strategy is paramount when facing drug charges in Texas. A skilled criminal defense attorney will meticulously examine every aspect of your case to identify potential weaknesses in the prosecution’s arguments and avenues for defense. Common defense strategies include:

  • Challenging Illegal Searches and Seizures (Fourth Amendment): This is a cornerstone of many drug defenses. If law enforcement obtained evidence through a search conducted without a warrant, probable cause, or consent, or if the warrant itself was invalid, the evidence may be suppressed under the “exclusionary rule.” This can effectively dismantle the prosecution’s case.
  • Disputing Knowledge or Control: Under Texas Penal Code § 6.03(b), a person commits an offense only if they act with the required culpable mental state. For drug possession, this means proving the accused knowingly or intentionally possessed the controlled substance. A defense may argue that the accused was unaware of the substance’s presence or did not have actual control over it. For example, if drugs were found in a shared vehicle, a defense might argue that another occupant was responsible.
  • Identifying Lab or Chain-of-Custody Issues: The prosecution must prove that the substance seized is, in fact, a controlled substance. This relies on forensic lab analysis. Issues with lab procedures, contamination of samples, or breaks in the chain of custody (how the evidence was handled from seizure to analysis) can render lab results inadmissible or unreliable.
  • Presenting a Valid Medical or Prescription Defense: If the controlled substance was possessed with a valid prescription from a licensed medical practitioner, this can be an absolute defense to a possession charge. This typically applies to prescription medications in Penalty Groups 3 and 4, or sometimes 2.
  • Challenging Quantity or Weight: Discrepancies in the reported weight of the controlled substance can lead to a lower classification of the offense and, consequently, reduced penalties.
  • Entrapment: In rare cases, a defense of entrapment may be argued if law enforcement induced the defendant to commit a crime they would not have otherwise committed.
  • Diversion Programs: For first-time offenders, particularly in less severe cases, an attorney may be able to negotiate for participation in a drug diversion program. Successful completion of such programs can lead to dismissal of charges, avoiding a criminal record.

Conclusion

The landscape of drug charges in Texas is complex and unforgiving. From the nuances of penalty groups and drug-free zones to the harsh realities of mandatory minimum sentences, the impact of a conviction can be profoundly life-altering, extending beyond immediate fines and incarceration to long-term criminal records that affect employment, housing, and civil liberties.

If you or a loved one is facing drug charges in Texas, the urgency of securing knowledgeable legal representation cannot be overstated. A qualified criminal defense attorney possesses the expertise to challenge illegally obtained evidence, skillfully advocate for reduced charges, or strategically negotiate for alternative outcomes such as drug diversion programs. Their in-depth understanding of Texas drug laws, courtroom procedures, and prosecutorial tactics is invaluable in protecting your rights and fighting for the best possible outcome in your case. Do not delay in seeking professional legal guidance.

A drug charge can be an overwhelming experience, but you don’t have to face it alone. At Howard Lotspeich Alexander & Williams, PLLC (HLAW), we understand the complexities of Texas drug laws and are dedicated to providing compassionate yet aggressive representation. Let us help you navigate this challenging time. Reach out for a free, confidential case evaluation by calling 817-993-9249 or contacting us here.

Nov 14
14
Texas statute of limitations for criminal offenses

Statute of Limitations in Texas | How Long Does the State Have to Bring Charges?

By | Criminal Defense

How Long Does the State Have to Bring a Criminal Case Against Me?

Texas statute of limitations for criminal offensesTexas law sets out the statute of limitations, the period during which formal charges must be brought against a defendant for most offenses. These time periods range from two years to over twenty years, and for some offenses there is no limitation period at all. The applicable limitation period depends on the particular offense that is alleged.

The various statutes of limitation mean that the state must present an indictment or information within said time period or prosecution will be time barred. The presentation of an indictment occurs when the grand jury has made its decision and the indictment is received by the court. Tex. Code Crim. Proc. Ann. Art. 12.06. The presentation of an information occurs when it has been properly filed in court. Tex. Code Crim. Proc. Ann. Art. 12.07. The limitations period is tolled while the case is pending after an information is filed or indictment issued. Tolling means that the time will not be counted against the limitations period.

Generally, the time period is measured based on the date the offense was committed. When computing the time period, the day on which the offense was committed and the day on which the charge was presented are excluded. Tex. Code Crim. Proc. Ann. Art. 12.04. Thus, the clock starts running the day after the offense was committed and is paused when the indictment or information is presented. Additionally, any time the defendant was absent from the state is excluded when computing the time period. Tex. Code Crim. Proc. Ann. Art. 12.05(1).

What Are the Time Periods in the Texas Statutes of Limitations?

TEXAS PERIODS OF LIMITATIONS FOR MISDEMEANOR OFFENSES

Texas law provides that for most misdemeanor offenses there is a standard period of limitations of two (2) years. Tex. Code Crim. Proc. Ann. arts. 12.02. The only exception is for Assault Family Violence allegations, for which the limitation period is 3 years. Thus, for any given misdemeanor charge, the State must bring prosecution within two years from the commission of the crime (or 3 years if the allegation is one of family violence).

TEXAS PERIODS OF LIMITATIONS FOR FELONY OFFENSES

There are several periods of limitations provided for the various felony offenses, as well as a catch all time period of three years for all other felonies not specifically provided for. Tex. Code Crim. Proc. Ann. art. 12.01(7). See the chart below for the time period provided for certain major felony offenses.

PERIOD OF LIMITATIONS FELONY OFFENSE
(A) Five Years

 

See Tex. Code Crim. Proc. Ann. art. 12.01(4).
  • Theft or Robbery,
  • Kidnapping or Burglary (except as provided in (E)),
  • Injury to Elderly or Disabled (unless 1st Degree),
  • Abandoning or Endangering Child, and
  • Insurance Fraud
(B) Seven Years

 

See Tex. Code Crim. Proc. Ann. art. 12.01(3).
  • Money Laundering
  • Credit Card or Debit Card Abuse
  • Medicaid Fraud
  • False statement to obtain property or credit; and
  • Fraudulent Use or Possession of Identifying Information
(C) Ten Years

 

See Tex. Code Crim. Proc. Ann. art. 12.01(2).
  • Theft of any estate by an executor, administrator, guardian, or trustee
  • Theft by a public servant of government property
  • Forgery or uttering, using, or passing of a forged instrument
  • Sexual assault (except as provided in (F)),
  • Injury to an elderly individual or disabled individual (if punishable as a first degree felony), and
  • Arson
(D) Ten Years from the Victim’s 18th Birthday

 

See Tex. Code Crim. Proc. Ann. art. 12.01(6).
  • Injury to a Child
(E) Twenty Years from the Victim’s 18th Birthday

 

See Tex. Code Crim. Proc. Ann. art. 12.01(5).
  • Sexual Performance by a Child younger than 17
  • Aggravated Kidnapping with intent to sexually abuse a victim younger than 17, and
  • Burglary of a Habitation with the intent to sexually abuse a victim younger than 17
(F) No Time Limitation

 

See Tex. Code Crim. Proc. Ann. art. 12.01(1).
  • Murder or Manslaughter
  • Leaving the Scene of an Accident which Resulted in Death
  • Indecency with a Child
  • Sexual Assault or Aggravated Sexual Assault of a Child
  • Continuous Sexual Abuse of a Child
  • Sexual Assault if DNA testing indicated that the perpetrator’s identity could not be readily determined
  • Sexual Assault if there is probable cause to believe that the defendant has committed the same or similar offense against 5 or more victims
(G) Three Years

 

See Tex. Code Crim. Proc. Ann. art. 12.01(7).
  • All other Felonies.
  • Misdemeanor Assault Family Violence.

Periods of Limitations for Aggravated Offenses, Attempt, Conspiracy, and Solicitation

The limitation period for criminal attempt is the same as provided for the offense attempted. Tex. Code Crim. Proc. Ann. art. §12.03(a). Additionally, the limitation period for criminal conspiracy or organized crime is that of the most serious offense that is the subject of the conspiracy or organized crime. §12.03(b) Further, the limitation period provided for criminal solicitation is the same as the period of the felony solicited. §12.03(c). Finally, an aggravated offense has the same period of limitation as provided for the primary crime. §12.03(d)

In conclusion, these limitations are set out to protect defendants from having to face charges where evidence is stale and witnesses are unavailable due to the long period of time the State has waited to bring prosecution. The Texas Code of Criminal Procedure is very specific in how it has laid out the periods of limitations so that there will be no question as to the time period for a particular offense and how that time period should be computed.

*Note: The above provided chart is not all-inclusive but instead focuses on only some of the major felony offenses. An exhaustive list can be found in Section 12.01 of the Texas Code of Criminal Procedure.

Nov 12
0
Best Fort Worth DWI Attorney

Do’s and Don’ts When You’re Pulled Over for a DWI

By | DWI

Finding those blue and red lights in your rearview mirror is never ideal. If it’s a DWI stop, it can feel like your heart is racing twice as fast. But while the nerves are understandable, the key here is knowing what to do—and maybe more importantly, what not to do. Let’s dive into a few tips that might make a difference if you find yourself in this situation.

Stay Calm and Collected if Stopped for DWI

Do: Breathe. Take a moment, gather your thoughts, and remember that keeping calm can really help. When the officer approaches, be respectful and polite. A calm demeanor doesn’t mean you’re admitting guilt; it simply shows maturity and may influence how the officer views you. Even if your pulse is racing, a little “fake it till you make it” can go a long way.

Don’t: React emotionally or aggressively. Panicking or being rude won’t help. It could even escalate the situation. The officer is there to do their job, and unfortunately, this may involve some tough questioning. But stay focused—cool and collected is the goal.

Comply with Basic Requests, But Know Your Rights

Do: Hand over your license, insurance, and registration when asked. This is standard procedure, and providing these essentials without fuss can keep things running smoothly.

Don’t: Overshare. Remember, officers will often ask questions about where you’ve been or how much you’ve had to drink. It may seem like casual conversation, but it’s often their way of gathering information. Instead of diving into a full recap of your evening, keep it simple and to the point. You don’t have to answer beyond basic questions, so politely decline to offer additional details if you feel uncomfortable.

Field Sobriety Tests – The Art of the Polite Refusal

Do: Know your right to say “no.” Field sobriety tests, like the “walk and turn” or the “one-leg stand,” are voluntary in Texas (unless you’re on probation). Politely refusing can be a smart move, as these tests are designed in a way that even sober people can struggle with them—stress, nerves, and uneven ground can all affect the results.

Don’t: Feel pressured to go along just because the officer doesn’t explicitly ask if you’re willing to participate. Officers might assume you’ll comply and jump straight into the tests. So, if you’d rather not do them, a simple, “I prefer not to take these tests” can be your best option. Remember, you’re not obligated to help build the state’s case against you.

Breath and Blood Tests – Understanding the Consequences

Do: Know what’s at stake. Breath and blood tests fall into a slightly different category. In Texas, refusing a breath or blood test can have immediate consequences, like a license suspension, but it’s still within your rights unless an officer presents a warrant.

Don’t: Refuse if a valid warrant is presented. If an officer has obtained a warrant for a blood test, you’re legally required to comply. Failing to do so could lead to additional legal trouble, which might make a bad situation worse. Think carefully, and when in doubt, ask for clarity.

Remain Silent Beyond Basic Information

Do: Use your right to remain silent wisely. Beyond providing identification, you’re not obligated to answer detailed questions. Many people feel the need to explain themselves in these situations, but even seemingly innocent statements could later be used as evidence.

Don’t: Spill the details of your evening. This isn’t the time for full transparency about how much you had to drink or why you may look tired. Politely telling the officer, “I’m not comfortable answering that” is within your rights and can help prevent anything being taken out of context later.

Plan Ahead – Use Alternative Transportation

Do: Make a game plan in advance. Look, no one wants to be in a situation where they’re stopped for DWI. Using rideshare options like Uber or Lyft can save a lot of trouble and maybe even a lot of money. If there’s even a slight chance that you’re over the limit, it’s best to leave the car keys behind.

Don’t: Wait until it’s too late. Last-minute decision-making is stressful, and being proactive is way easier than facing DWI charges. Think of it as a minor investment in your peace of mind—and definitely cheaper than the potential costs of a DWI.

Wrap-Up: Staying Smart and Safe on the Road

Getting pulled over is never a pleasant experience, especially when a DWI is involved. The best steps are often the simplest: stay calm, comply with basic requests, know your rights, and remember the power of a polite refusal. Ultimately, avoiding this situation by planning ahead—calling that Uber—is the smartest move you can make. But if it ever does happen, hopefully, these do’s and don’ts will guide you through with confidence.

Here’s to making smart choices and staying safe on the road.

Jul 03
12
Fireworks Laws in Texas2

Fireworks Laws in Texas | Could a Sparkler Really Cost You $2,000?

By | Criminal Defense

Do Not Lose Your Liberty on Independence Day

Fireworks Laws in TexasIndependence Day is right around the corner. You will probably start seeing the notices spread across social media from local police departments, warning that setting off fireworks (including sparklers) is illegal inside of city limits. We know that you’re probably going to do it anyway (so are we), but we wanted to let you know what Texas law provides regarding fireworks on the 4th of July.

Texas Fireworks Law | Are Sparklers Illegal Inside of City Limits?

While state law in Texas permits possessing and using fireworks, it’s important to note that where and when a person can possess them is still highly regulated. There are State laws that limit the use and display of fireworks but use is predominantly regulated by way of city ordinances.

Specifically, under state law, a person may not:

  1. Explode or ignite fireworks within 600 feet of any church, a hospital other than a veterinary hospital, an asylum, a licensed child care center, or a public or private primary or secondary school or institution of higher education unless the person receives authorization in writing from that organization;
  2. Sell at retail, explode, or ignite fireworks within 100 feet of a place where flammable liquids or flammable compressed gasses are stored and dispensed;
  3. Explode or ignite fireworks within 100 feet of a place where fireworks are stored or sold;
  4. Ignite or discharge fireworks in or from a motor vehicle;
  5. Place ignited fireworks in, or throw ignited fireworks at, a motor vehicle;
  6. Conduct a public fireworks display that includes Fireworks 1.3G unless the person is a licensed pyrotechnic operator;
  7. Conduct a proximate display of fireworks that includes Fireworks 1.3G or Fireworks 1.4G as defined in NFPA 1126 Standards for the Use of Pyrotechnics Before a Proximate Audience unless the person is a licensed pyrotechnic special effects operator and has the approval of the local fire prevention officer; or
  8. Sell, store, manufacture, distribute, or display fireworks except as provided by this chapter or rules adopted by the commissioner under this chapter.

Texas Occupations Code, Subchapter F, Sec. 2154.251

These violations are Class C Misdemeanors, which can be punishable by a fine up to $500.

Fireworks licensing violations are Class B Misdemeanors which can result in a jail term up to 180 days and a fine not to exceed $2,000.

Fireworks City Ordinances | Local Fireworks Rules in Fort Worth, Keller, and Southlake

In addition to State law, most cities in Texas regulate the use and display of fireworks by way of specific city ordinances. For example, Fort Worth, Texas has enacted an ordinance making the sale, discharge or possession of fireworks within the incorporated city limits a Class C misdemeanor punishable by up to a $2,000.00 fine. Similar ordinances exist in Keller and Southlake, and most other Texas cities.

Before your celebrations, it’s always best to review the above regulations under the Texas Occupations Code and check your local city ordinances online to ensure that you’re legally possessing, using and displaying fireworks.

Sep 08
1
New Criminal Laws 2021

Texas Legislature Update: New Criminal Laws 2021

By | Legislative Update

New Criminal Laws 2021The 2021 Texas legislative session has now closed and there were several updates to our criminal statutes. Below are some of the more notable changes or additions to Texas criminal laws that took effect on September 1, 2021:

Constitutional Carry – HB 1927

All Texans over the age of 21 are now able to carry a handgun in public without a license or training as long as they are not prohibited from possessing a gun by state or federal law. In addition, the carrying a firearm while intoxicated is now a Class A misdemeanor, punishable by up to a year in jail and a maximum $4,000 fine, and the carrying a firearm in a vehicle by a gang member is now a third-degree felony punishable by two to 10 years in prison and a maximum $10,000 fine. HB 1927 also allows a peace officer to disarm a citizen at any time if they believe it is necessary to protect the individual, the officer, or another person. The officer, however, must return the handgun before leaving the scene if the officer determines the person was not a threat and didn’t commit a violation. Finally, HB 1927 allows for the expungement of records for those previously convicted of Unlawful Carrying a Weapon before September 1, 2021.

Obstructing Emergency Vehicles – HB 9

HB 9 makes it a state jail felony to knowingly block an emergency vehicle with its lights and sirens on or to obstruct access to a hospital or health care facility. This offense is punishable by six months to two years behind bars and a maximum $10,000 fine. Individuals convicted of this offense are required to spend at least 10 days in jail, even if they are sentenced to probation.

False Reporting to Induce Emergency Response – SB 1056

SB 1056 makes it a Class A misdemeanor, punishable by up to a year in jail and a maximum $4,000 fine, to falsely report a crime or an emergency to elicit an emergency response from law enforcement or other emergency responders. The charge becomes a state jail felony, punishable by six months to two years in state jail, if the defendant has been previously convicted twice of the offense and a third-degree felony, punishable by two or ten years in prison, if a person is seriously injured or killed as a result of the emergency response.

Enhancement for Reckless Driving Exhibition – SB 1495

SB 1495 heightens the penalty for obstructing a highway or passageway from a Class B misdemeanor to a Class A misdemeanor, punishable by up to a year in jail and a maximum $4,000 fine, for an individual who engages in a reckless driving exhibition. SB 1495 enhances the penalty to a state jail felony for a person who has been previously convicted of this offense, a person who operates a vehicle while intoxicated, or who causes someone to suffer bodily injury.

Harassment Extension to Social Media Posts – SB 530

SB 530 makes it a Class B misdemeanor, punishable by up to 180 days in jail and a maximum $2,000 fine, to harass another person by publishing repeated electronic communications on a website with the intent to harass, annoy, alarm, torment, or embarrass that person. The penalty, however, can be increased to a Class A misdemeanor, punishable by up to a year in jail and a maximum $4,000 fine, if the actor has been previously convicted of the offense or it if involved a child under age 18 with the intent to cause the child serious bodily injury or to commit suicide.

Silencer Legalization – HB 957

HB 957 removes firearm silencers from the list of weapons that are prohibited in Texas. In addition, firearms suppressors that are manufactured and remain in Texas are not subject to federal law or regulation.
Enhanced Punishment for Offenses against Public Servants – HB 624
HB 624 increases the penalty by one level for people who commit an offense against someone whom they know is a public servant or against a member of the public servant’s household or family. The increased punishments apply to arson, criminal mischief, criminal trespass, breach of computer security, harassment, stalking, or fraudulent use of possession of identifying information.

Enhanced Punishment for Offenses against Public Servants – HB 624

HB 624 increases the penalty by one level for people who commit an offense against someone whom they know is a public servant or against a member of the public servant’s household or family. The increased punishments apply to arson, criminal mischief, criminal trespass, breach of computer security, harassment, stalking, or fraudulent use of possession of identifying information.

Apr 03
5
SBA Loans Criminal History

SBA Loans Limitations Based on Criminal History

By | Criminal Defense

Can I apply for an SBA Loan if I have a criminal history?

SBA Loans Criminal HistoryCountless small businesses have been impacted by the COVID-19 pandemic. The US Government has several different loan programs offered through the Small Business Administration aimed at helping small business get through the crisis and maintain jobs for their employees. Many of the SBA loan programs for the COVID-19 crisis can be found on the SBA website COVID-19 section.

One of the questions that we have received during the last couple of weeks is whether a person with a criminal history can apply for an SBA loan. The answer is…it depends. It depends on the nature of the criminal offense.

What will disqualify me from applying for an SBA loan?

When it comes to criminal history, the following will disqualify a company and make it ineligible for SBA assistance.

If an owner of the company (who owns 20% or more) answers YES to any of the following questions taken from the SBA application, then the company is NOT eligible to apply for SBA assistance:

  • Are you currently incarcerated?
  • Have you been adjudicated for a felony in the preceding 5 years? This includes
    • Felony conviction;
    • Plea of guilty to a felony offense;
    • Plea of nolo contendere (no contest) to a felony;
    • Participating in a pre-trial diversion program for a felony offense;
    • Probation or Deferred Adjudication for a felony offense.
  • Are you currently on probation for a felony or a misdemeanor?
  • Are you currently on parole?
  • Are there pending criminal charges against you that have not yet been adjudicated (felony or misdemeanor)?

*NOTE: There is also a question on the Economic Injury Disaster Loan that asks whether an applicant has been arrested (even if the charge was dismissed) for any criminal offense (other than a minor motor vehicle violation). It is unclear whether an arrest by itself is a disqualifier or just a point of inquiry.

If a 20% (or more) owner answers YES to any of those questions, then the company will not even be able to complete its application for SBA assistance.

In the past, it seemed that the SBA was only concerned with felony criminal history (see 13 CFR 120.110), but the new applications for the COVID relief do not distinguish between felonies and misdemeanors when it comes to either active probationers or individuals with pending charges.  This is especially difficult for individuals that have a pending criminal charge to which they have pleaded not guilty and not yet received their day in court. To sink their business while at the same time presuming them innocent is not in keeping with the spirit of the presumption itself.

Please be reminded that it is a federal offense to falsify a loan application, so please don’t do that.

Paycheck Protection Loan Application

Economic Injury Disaster Loan

Feb 19
7
Reckless Texas Penal Code

What does Recklessness Mean in Texas Criminal Law?

By | Criminal Defense

Defining “Recklessness” Under the Texas Penal Code

Reckless Texas Penal CodeThere are some criminal offenses that require the state the prove that the defendant acted “recklessly” or with “criminal recklessness.” In a colloquial sense, we (including prosecutors) often think of recklessness as another word for carelessness, but it actually has a specific definition in the Texas Penal Code.

Defining “Recklessness,” Tex. Penal Code Section 6.03(c) states that “a person acts recklessly, or is reckless, with respect to circumstances surrounding his conduct or the result of his conduct when he is aware of but consciously disregards a substantial and unjustifiable risk that the circumstances exist, or the result will occur. The risk must be of such a nature and degree that its disregard constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor’s standpoint.”

What Does the Texas Court of Criminal Appeals Say About Recklessness?

Unpacking the legal standard of recklessness, The Texas Court of Criminal Appeals reasons that…

“Criminal recklessness must not be confused with (or blended into) criminal negligence, a lesser culpable mental state.” Williams v. State, 235 S.W.3d 742, 751 (Tex. Crim. App. 2007). “Criminal negligence depends upon a morally blameworthy failure to appreciate a substantial and unjustifiable risk while recklessness depends upon a more serious moral blameworthiness – the actual disregard of a known substantial and unjustifiable risk.” Id.

Criminal negligence and recklessness differ from one another only in terms of mental state:

  • Criminally negligent defendant “ought to be aware” of a substantial and unjustifiable risk;
  • Reckless defendant is subjectively aware of an identical risk but disregards it

The two prongs of gross negligence or recklessness are:

  • Subjectively, the defendant must have actual awareness of the extreme risk created by his or her conduct.
  • Objectively, the defendant’s conduct must involve an extreme degree of risk (the “extreme risk” prong is not satisfied by a remote possibility of injury or high probability of minor harm, but the likelihood of serious injury to the plaintiff).

Reckless conduct…

  • Is the conscious disregard of the risk created by the actor’s conduct;
  • Mere lack of foresight, stupidity, irresponsibility, thoughtlessness, ordinary carelessness, however, serious the consequences may be, do not suffice to constitute criminal recklessness;
  • Criminal recklessness is of a gross and flagrant character, evincing reckless disregard of human life, or of the safety of persons exposed to its dangerous effects; or that entire want of care which would raise the presumption of a conscious indifference to consequences; or which shows such wantonness or recklessness or a grossly careless disregard of the safety and welfare of the public, or that reckless indifference to the rights of others, which is equivalent to an intentional violation of them.

Recklessness: Texas Case Law Examples

Williams v. State, 235 S.W.3d 742 (Tex. Crim. App. 2007): The defendant was convicted after her children died in an accidental house fire while her boyfriend was babysitting. The defendant took the children to a house without working utilities and left them under her boyfriend’s care with a candle lit in their bedroom. The court held that there was legally insufficient evidence that defendant consciously disregarded a substantial and unjustifiable risk that the children would suffer serious bodily injury in a house fire. The court also said that the defendant’s stupidity did not constitute reckless disregard. The defendant was not criminally responsible for the result

Mills v. State, 742 S.W.2d 831, 1987 Tex. App. LEXIS 9214 (Tex. App. Dallas Dec. 18. 1987, no writ): The defendant’s conviction was upheld where circumstantial evidence supported the conclusion that defendant placed a child in a tub of hot water. The Court found that the jury could reasonably have found defendant acted recklessly with regard to that child’s care in violation of Tex. Penal Code § 6.03(c).

Ehrhardt v. State, No. 06-02-00208-CR, 2003 Tex. App. LEXIS 7248 (Tex. App. Texarkana Aug. 26, 2003): Where the evidence in an assault trial showed defendant struck the victim in the face, the court found that the defendant was reckless as to whether her conduct would result in bodily injury.

Jan 31
4
Criminal Negligence Texas

Defining Criminal Negligence Under Texas Law

By | Criminal Defense, Criminal Negligence

What is Criminal Negligence in Texas?

Criminal Negligence TexasIn Texas, there are some criminal offenses for which a person can be liable if they acted with “criminal negligence.” When most people think of “negligence,” they think of a civil standard used in lawsuits for money damages. But criminal negligence, the courts have reasoned, is different from ordinary civil negligence.

Section 6.03(d) of the Texas Penal Code states that “a person acts with criminal negligence, or is criminally negligent, with respect to circumstances surrounding his conduct or the result of his conduct when he ought to be aware of a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor’s standpoint.”

How does Criminal Negligence Differ from Civil Negligence in Texas?

Civil or simple negligence means the failure to use ordinary care, that is, failing to do that which a person of ordinary prudence would not have done under the same or similar circumstances. Montgomery v. State, 369 S.W.3d 188, 193 (Tex. Crim. App. 2012). Conversely, conduct that constitutes criminal negligence involves a greater risk of harm to others, without any compensating social utility, than does simple negligence. Id. The carelessness required for criminal negligence is significantly higher than that for civil negligence; the seriousness of the negligence would be known by any reasonable person sharing the community’s sense of right and wrong. Id. The risk must be substantial and unjustifiable, and the failure to perceive it must be a gross deviation from reasonable care as judged by general societal standards by ordinary people. Id.

For example: The Texas Court of Criminal Appeals has held that criminally negligent homicide requires not only a failure to perceive a risk of death, but also some serious blameworthiness in the conduct that caused it (i.e., risk must be “substantial and unjustifiable,” and the failure to perceive that risk must be a “gross deviation” from reasonable care).

In finding a defendant criminal negligent, a jury is determining that the defendant’s failure to perceive the associated risk is so great as to be worthy of a criminal punishment. The degree of deviation from reasonable care is measured solely by the degree of negligence, not any element of actual awareness. Whether a defendant’s conduct involves an extreme degree of risk must be determined by the conduct itself and not by the resultant harm. Nor can criminal liability be predicated on every careless act merely because its carelessness results in death or injury to another.

Case Law Examples of Criminal Negligence Standard in Texas

McKay v. State, 474 S.W.3d 266 (Tex. Crim. App. 2015): The Court of Criminal Appeals holding insufficient evidence of criminal negligence to support Defendant’s conviction for injury to a child after he spilled hot water on the two-year-old child while he was in the kitchen, because there was no evidence that Defendant failed to perceive a substantial and unjustifiable risk to the child. There was no showing that the child was often underfoot or that defendant knew the child could likely be under his feet while moving around in the kitchen.

Queeman v. State, 520 S.W.3d 616 (Tex. Crim. App. 2017): The Court of Criminal Appeals holding insufficient evidence to support defendant’s conviction of criminally negligent homicide because the evidence presented does not show that Defendant’s failure to maintain a safe driving speed and keep a proper distance from other vehicles was a gross deviation from the standard of care that an ordinary diver would exercise under all the circumstances as viewed from Defendant’s standpoint at the time of his conduct.

Tello v. State, 180 S.W.3d 150 (Tex. Crim. App. 2005): The Court of Criminal Appeals upheld Appellant’s criminal negligent homicide conviction reasoning that Appellant should have perceived a substantial and unjustifiable risk of death from using a faulty trailer hitch without safety chains on a public road. The homemade trailer unhitched from Appellant’s truck and killed a pedestrian.

May 08
8
Pre Sentence Investigation PSI Texas

What is a Pre-Sentence Investigation (PSI) in a Texas Criminal Case?

By | Criminal Defense

Making an “Open Plea” in a Criminal Case

Pre Sentence Investigation PSI Texas*This article relates to State cases only. It does not apply to Federal cases.

In Texas, when a defendant pleads guilty to a criminal offense, the sentencing is most often agreed upon by both the State Prosecutor and defendant prior to the plea. But, there are situations that arise wherein a defendant wishes to enter a plea of guilty, but does not agree to accept the sentencing recommendation that is being made by the State. The defendant may request that the judge assess an appropriate sentence, believing that the judge might be more fair-minded than the DA in this particular case. This situation is referred to as an “Open Plea.” In an open plea, after a defendant pleads guilty, both parties may put evidence on for the judge in order for the court to determine an appropriate sentence.

Pre-Sentence Investigation (PSI) as Part of an Open Plea

In addition to witness testimony, prior to sentencing a defendant, Texas Law (Texas Code of Criminal Procedure Art. 42A.252) requires a community supervision officer to prepare and submit a written report to the court. The report should include:

  • the circumstances of the offense with which the defendant is charged;
  • the amount of restitution necessary to adequately compensate victims of the offense;
  • the criminal and social history of the offender; and
  • any other information relating to the offender or the offense requested by the judge.”

The probation officer gathers this information during a pre-sentence investigation or PSI.

The Law Regarding PSIs in Texas | When is a PSI Required?

The law requires a pre-sentence investigation in every case, UNLESS:

In a misdemeanor case:

  1. The defendant requests that a report not be made and the judge agrees;
  2. The judge finds that there is sufficient evidence in the record to permit sentencing without the report; and
  3. The judge explains this finding on the record.

In a felony case:

  1. Punishment is to be assessed by a jury;
  2. The defendant is convicted of or enters a plea of guilty to capital murder;
  3. The only available punishment is imprisonment; or
  4. The judge is informed that a plea bargain exists, under which the defendant agrees to a punishment of imprisonment, and the judge intends to follow that agreement.

Unless one of these scenarios are present, the court is required to conduct a pre-sentence investigation. For agreed pleas to probation or deferred adjudication, the practice by the Tarrant County courts is that pre-sentence investigation is not often conducted, even though the law would seem to dictate otherwise.

The Mechanics of a Pre-Sentence Investigation

The PSI is an interview conducted by a specialized probation officer who – along with a defendant’s attorney – gathers as much information as possible to aid in a Judge’s decision on punishment. The officer gathers the police agency’s version of the facts and the defendant’s version of the facts regarding the underlying offense. The officer will also contact the victims named in the case to obtain a victim impact statement. The probation officer also does an extensive search of the defendant’s prior criminal record as well as his or her family, financial, and education history. The officer can also include other items in the PSI such as additional physical and mental health history.

At the pre-sentence investigation interview, the attorney representing the defendant can also submit other extraneous materials to be included in the officer’s report to the court. These items can include character reference letters, additional psychological evaluations that have been conducted prior to the investigation, and additional statements by the defendant related to his or her version of the case. It is prudent for the defense attorney to contact all of the people that have submitted character letters that ensure that their letter is an accurate reflection of their feelings regarding the defendant. Many times, the probation officer, and/or the prosecutor will also reach out to these folks, so it is best to confirm their character statements at the outset.

At the conclusion of the PSI, the officer in charge prepares a written report which includes his or her assessment of the defendant’s risk to re-offend, positive and negative factors to consider, and a supervision plan should the Court choose to place the defendant on probation. For cases involving restitution, the PSI will also include a restitution recommendation.

Taking Responsibility in an Open Plea

Defendants entering an open plea to the court waive their right to a jury trial. So, when conducting the pre-sentence investigation, the probation officer will confirm that the defendant is taking responsibility for his or her crime. This is an important part of the process. If the defendant has entered a plea of guilty to the crime in court but then denies the offense at the PSI, the officer will stop the investigation and return the case to court. One of the primary advantages, from a strategic standpoint, of entering an open plea is to communicate to the court that the defendant is taking on full responsibility for the crime. This is done in hopes that the court will take that into consideration when determining an appropriate sentence. It is this attitude of acceptance that typically garners the best results in an open plea. This is sometimes referred to in layman’s terms as throwing oneself on the “mercy of the court.”

Getting the Most Out of the PSI

Defense attorneys whose clients have opted for an open plea and a pre-sentence investigation can help their cause by supplementing the officer with as much positive information as possible. As mentioned above, it’s important for an attorney to gather additional character letters and to explore outside mental and psychological evaluations that might be conducted to be included in the report to the court. Additionally, if the defendant has already been serving community service, taking rehabilitative classes, or saving toward restitution, you should explain that and provide records to back it up.

Once the PSI is completed and submitted to the judge, the court will set the case for a sentencing hearing. At the sentencing hearing, testimony from both the defendant and character witnesses will be taken into consideration. But, it’s the pre-sentence investigation report that will typically be the most important item that the court reviews.

Not all cases involve a pre-sentence investigation. But, when a PSI is conducted, it can provide the most thorough review of a case and defendant’s background aiding in a court to assess a fair and just punishment.