Dwi, DUI, and Criminal Defense

Bastrop Criminal Defense Attorney

Those who have committed a criminal felony offense will usually be arrested and put in jail until arraignment. At their arraignment, the court will either decide that they can be released on bail until their trial or not.  The charge of felony will usually require that the one who’s been charged get the assistance of an attorney. All states provide those who have been charged with an attorney whether they can afford one or not. If they can demonstrate that they cannot afford an attorney then the court will provide one to them without charge.

Most defendants feel that the attorneys that are appointed to them without charge, also known as a public defender, are under-qualified. But this is not always the case. One of the problems that a public defender faces is not as much being under-qualified as it is being overworked. In many systems, the amount of public defenders that are available are significantly under the amount of those needing a public defender or the best criminal defense attorney in Bastrop Texas. This means that those attorneys often have workloads far beyond what most attorneys have to deal with.

Any time a defendant is arrested under state or local laws they have the right to remain silent when they don’t have an attorney present. When the attorney is present the attorney can instruct their client what they should answer and what they shouldn’t. Most state and local municipalities do not require the police to always be truthful with the suspect. They can often make claims in an effort to get the defendant talking and to reveal things they may not have had they had an attorney present.

For this reason, it is always legally best for a defendant to not speak at all without the presence of an attorney. It is always tempting, and policemen and policewomen are often skilled at getting defendants to speak but from a legal point of view, it is best that the defendant, regardless of guilt or innocence, not speak without the presence of an attorney.  Because state court systems are often backed up and prisons are often full, the individual states and their prosecutors are often willing to plea bargain. But this is less likely to happen unless the defendant exercises their right to remain silent until they have an attorney present.

States often have prisons that are filled up and over the limit and the courts are backed up as well and this lends itself well to the opportunities for defendants to plea bargain. This means that although they will plead guilty that it will be to a lesser charge than they are likely to get if they were to go to court. This saves the court time and money, it saves the state money, and it helps reduce the burden of prisons that are overcapacity.

Whenever traveling or moving from one state to another never presume the laws are the same as the one you are from. If a state law allows for something like possession of marijuana but it is not federally legalized then taking that substance across state lines is breaking the law. It is always best to exercise caution when you are not sure of a law.

In all 50 states, ignorance of the law is not a legal defense. If you are caught breaking a law of the state or a federal law that supersedes that state law, then you will be subject to prosecution. When in doubt, check before proceeding.





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