Best Criminal Defense Lawyers in Midland, TX

FAQs

• What is the non-emergency contact number for the local police station in Midland, Texas?

  432-685-7108 is the non-emergency contact number for the Midland Police Department.

• Where can I get a copy of police reports for incidents related to my case in Midland, Texas?

  Copies of police reports for incidents involving criminal cases in Midland can be obtained by submitting an online request to the Midland Police Department. The request must be processed within ten business days.

• Do criminal charges remain on the records of people who have been arrested or charged with a criminal offense in Midland, even if their cases have been dismissed?

  Yes. A dismissed case will remain on the criminal records of defendants in Midland even though they were not convicted. One of the methods of clearing offenses from defendants’ records is expunction. They may be eligible for expunction if their cases were dismissed, they were found not guilty at trial, and they were never charged after being arrested.

• Do motorists in Midland lose their driver’s licenses if they refuse to undergo breath analyzer testing or blood analysis?

  Yes. Drivers in Midland who refuse to submit to breathalyzer testing and blood analysis risk losing their licenses. In Texas, drivers are subject to the implied consent rule, which means they agree to be chemically tested if they are suspected of driving under the influence of drugs or alcohol. Drivers charged with DUI or DWI have 15 days from the date of their arrest to request a hearing on their license suspension. Failure to do so will result in the automatic suspension of a driver's license on the 40th day after the arrest date.

• How does the plea bargaining process work to resolve a criminal case in Midland?

  Plea bargaining is a method of resolving a criminal case in Midland without a jury trial on the merits of the case. Under the plea bargaining process, a prosecutor evaluates the facts and circumstances of the case, as well as the applicable laws, to determine what punishment will be offered to the defendant in exchange for a guilty plea. In consultation with a criminal defense attorney, the defendant may decide whether to accept or reject the plea bargain.

• Should people who have been accused of committing a crime in Midland talk with federal law enforcement agents?

  No. Individuals facing criminal charges in Midland should not speak with federal agents unless they are accompanied by a lawyer. Federal law enforcement agents are not required to be truthful when discussing an ongoing investigation with someone they suspect of a crime. Furthermore, words cannot be retracted, and people accused of committing a crime who cooperate with law enforcement agents may create criminal liability.

• Is the case of a defendant in Midland closed once the punishment has been determined?

  No. People charged with a crime in Midland have the right to appeal their cases. They can file an appeal with the 11th Court of Appeals in Eastland, which is the appellate court for Midland County. Defendants may appeal their cases further to the Court of Criminal Appeals in Austin.

• What does a criminal defense lawyer do?

  Criminal defense attorneys provide help to those facing misdemeanor or felony criminal charges. The attorney will research the circumstances surrounding the charge and investigate the case on behalf of the client. This may involve talking to police, interviewing witnesses, determining a plea, and assessing possible sentences. With this information, the defense attorney can negotiate plea deals or navigate a court case on behalf of the client. In some cases, the attorney may get a case dismissed entirely, a reduction in bail or jail time, or probation or community service instead of prison.

• How do I know if I need a criminal attorney?

  Any criminal charge that could result in a prison sentence requires the help of a criminal defense lawyer. This applies to both misdemeanor and felony charges, including:

  Misdemeanors

  • Petty theft
  • Public intoxication
  • Simple assault
  • Disorderly conduct
  • Vandalism
  • Reckless driving

  Felonies

  • Murder
  • Rape
  • Kidnapping
  • Aggravated assault
  • Specific types of fraud
  • Possession of certain types of drugs

• What steps should I take after being charged with a crime?

  The first thing to do after being charged with a crime is to contact a criminal defense attorney. It is best to hire a defense attorney as soon as possible after being released from arrest, and before an arraignment takes place. The attorney will explain charges in detail, and possible consequences, to help you decide whether a plea deal or a jury trial is the best option. Most attorneys offer free consultations to discuss the circumstances of a criminal case and how they're able to assist. Speaking with a number of defense attorneys before hiring one can increase the likelihood of finding the right fit, and getting the best defense possible.

• What if I can’t afford a criminal defense lawyer?

  All Americans are afforded the right to hire an attorney to act as a defense in a legal case. However, not everyone can afford one. If an attorney isn’t in a defendant’s budget, and the defendant’s income meets designated state or local thresholds, the court system will provide a public defender. This attorney usually works on cases pro bono or without any fees paid by the defendant. Many public defenders have a high caseload, which can limit the amount of time they are able to devote to each case. In most situations, hiring a dedicated criminal defense lawyer ensures the best outcome. This is particularly true in more serious felony cases that can result in a significant prison sentence without the involvement of a skilled, experienced defense attorney.

• Why hire a criminal defense attorney?

  Working with a criminal defense attorney is the best way to minimize the ramifications of committing or being accused of a crime. Criminal attorneys thoroughly investigate the circumstances surrounding a case to prove innocence or inspire reasonable doubt in a jury. Criminal defense lawyers also are better prepared to negotiate with the prosecutors. Due to the high cost and logistics involved with taking a case to trial, many prosecutors are willing to reduce sentences in exchange for avoiding a jury trial. An experienced criminal attorney understands what would be a reasonable deal for a specific criminal charge, and will negotiate it on behalf of the defendant.

• Are legal fees for criminal defense tax deductible?

  Whether legal fees from a criminal case can be deducted on a tax return depends on the circumstances. If criminal charges pertain to activities related to a trade or business, attorney fees can be deducted on a business tax return, as they are considered an expense associated with the normal course of business. However, personal legal fees cannot be deducted.