Getting charged with a crime can be a scary and tiring experience. All the movies and TV shows do not even begin to capture the confusion and stress it causes. The fear of harsh punishments, mountains of paperwork and complicated legal procedures make everything all the more complicated.
Therefore, you should always have strong legal support to help you through this difficult time. Forbes Advisor has prepared a list of the best criminal defense lawyers in Dallas to help you find the best representation for your case.
- Best Criminal Defense Attorneys in Dallas, TX
- Compare Top Criminal Attorneys
- What Is a Criminal Defense Lawyer?
- Understanding the Legal Process for Criminal Cases
- Expungement in Texas
- How to Choose the Best Criminal Lawyer in Dallas, TX
- Dallas Criminal Defense Resources
- Methodology
- Frequently Asked Questions (FAQs)
Best Criminal Defense Attorneys in Dallas, TX
Compare Top Criminal Attorneys
What Is a Criminal Defense Lawyer?
A criminal defense lawyer specializes in helping individuals and other entities defend themselves against criminal charges.
An experienced criminal defense lawyer in Dallas utilizes their understanding of the statutes, law enforcement procedures and the entire legal system to get you the best possible outcome in your case. They will explain all the options available to you, keep track of timelines and collect and review evidence to either win you a full acquittal or lower your sentence and fine.
You have the option of hiring a private criminal defense attorney or working with a court-appointed attorney to help you build your defense. It is generally advisable to consult a few private lawyers, like the ones listed above, before making any final decision. Many criminal defense lawyers provide a free consultation where you can discuss the case and get answers to your queries.
Public Defender vs. Private Criminal Attorney
If you do not have the financial means to appoint an attorney, you are entitled to have a public defender represent you in court. You are eligible to request a public defender if you are charged with a crime categorized higher than a Class C Misdemeanor.
After arrest, you are brought before a magistrate to determine whether you are indigent or not. During this proceeding, you are informed about the procedure to make a request for a public defender, if you choose to ask for one. In most cases, you need to sign an oath and answer questions about your financial resources to prove your eligibility.
If you cannot hire private representation, working with a public defender can be a great option since public defenders are highly qualified and experienced lawyers. But this does have its own set of disadvantages. When you choose to be represented by a public defender, you do not have the option to choose your lawyer and you work with the one who is assigned to you. Whereas, with private representation, you can consult several criminal defense lawyers and choose the one you think is best for your case.
Public defenders can sometimes be overworked, and you might not always be their top priority, but most private lawyers or their staff are available to you at all times during their working hours. While this might not be the most important factor to you, you should still take all the options into consideration before making a final decision.
Should You Represent Yourself in a Criminal Case?
Every person has a right to represent themselves in criminal matters as long as the request for self-representation and waiver of counsel is unequivocal, clear and made in a timely manner, i.e., before the jury is enlisted. In these cases, the court is required to inform the defendant about the disadvantages and dangers involved with self-representation.
It’s usually a good idea to hire a lawyer to represent you in court. This is because even in seemingly simple and minor criminal cases, you may end up with dire consequences you were not previously aware of. For example, if you accept a plea deal to conclude the case quickly and are accused of a crime again in the future, your second conviction can lead to extremely severe punishments.
Moreover, the legal system is created for lawyers and can be extremely complicated to understand for someone without proper training. Therefore, you should always consult a criminal defense lawyer before deciding about your representation.
Understanding the Legal Process for Criminal Cases
Below is a brief guide to the legal process followed during a criminal case:
- Arrest. During the arrest procedure, it is essential for law enforcement to reiterate the Miranda Rights to the accused to ensure that they are aware of their 5th Amendment self-incrimination rights.
- Arraignment. This is typically the first court appearance for the accused when they are formally informed about the charges against them. The presiding judge also explains the offender’s rights and makes a decision as to whether or not bail will be allowed.
- Bail. If bail is allowed, the offender can post the bail money to ensure their future appearance in the court proceedings and is released until the next court date. If they fail to appear, their bail money is forfeited. If bail is denied by the court, the defendant may need to stay imprisoned until the trial is concluded.
- Indictment. If the case involves a felony, a grand jury is held to determine whether there are sufficient reasons to proceed to a trial. If at least nine out of 12 jury members are convinced by the prosecutor’s case against the offender and find enough reason to believe that the accused may have committed the crime, the case can move to trial. Otherwise, the case will be dismissed at this stage.
- Hearings. If there is sufficient evidence to take the case to trial, there may be several pretrial hearings and negotiations where the prosecution and defense work to come to an agreement about the outcome of the case without a lengthy trial. The offender can choose to plead guilty in exchange for a lighter punishment than what they will receive if they are proven guilty.
- Trial. If the defense and prosecution do not reach an agreement, the offender has the option to choose to have a trial by jury or waive this right to be tried by a presiding judge. In a trial, both the parties present their cases and only if the jury unanimously decides that the offender is guilty beyond reasonable doubt, the accused can be punished. Otherwise, they are acquitted.
- Sentencing. During the sentencing hearing, the judge or jury determines the punishment in accordance with the Texas Penal Code. Penalties for crimes can include imprisonment, fines, probation, house arrests and parole.
Resolving a Criminal Case in Texas
During the pre-trial hearings and any time before the final sentencing, the accused is given the option to plead guilty and accept a lower punishment, if agreed by the prosecution and judge. This agreement is called a plea bargain. Plea bargaining is favored by the state in criminal cases because it helps resolve the case quickly and relieves some stress on the already crowded legal system. However, the final decision to accept or reject a plea deal always rests on the accused.
If you plead guilty or are found guilty of a crime with a term of imprisonment of less than 10 years, a judge or jury can suspend your punishment in exchange for community service in most cases. If your punishment is deferred to community service, the period of your probation will be the same or more than the minimum term of punishment for your crime.
If your punishment is not deferred and you are imprisoned, you have the option to seek parole in most cases and get an early release from prison to serve your remaining sentence in the community under supervision. In most cases, you will be eligible to get parole after you have served one-fourth of your sentence or 15 years, whichever is less.
The final decision rests on a parole board that reviews the case on the basis of your age, history of past parole revocations, employment history, previous incarcerations, participation in self-improvement programs while incarcerated, prison disciplinary conduct and current custody level.
Expungement in Texas
If you are charged with a crime and are arrested, you can end up with a permanent record even if you are later acquitted. This can have adverse effects on your life, and you may experience discrimination in several aspects of your life, including getting a job and owning a gun. This is exactly why the law allows you to have your arrest permanently removed or expunged from your record in certain cases.
After the waiting period for requesting an expunction is over, you can file a written request for the expungement of your records. You will then receive a hearing date where the court will decide whether you are entitled to get your records expunged or not. If you succeed, your arrest record will be removed from all the government agency records mentioned in the expunction order.
If you were arrested for a crime, it is always advisable to reach out to a lawyer to check if you are eligible for expunction. A Dallas criminal defense lawyer can guide you through the process of getting your criminal records removed from the system and practically give you your life back.
How to Choose the Best Criminal Lawyer in Dallas, TX
Due to the severity of the punishments involved, it is extremely important that you have a good lawyer by your side if you are charged with a criminal case. Here are a few things you should keep in mind to find the perfect criminal defense lawyer in Dallas for your case.
Experience. Criminal defense is a vast subject and involves a myriad of different offenses. So, you should always inquire about your lawyer’s experience dealing with cases similar to yours. A criminal defense lawyer who has dealt with cases like yours will have a deep understanding of the laws, procedures and strategies required to get you the best possible outcome.
Your Budget. If your case goes to trial, it may go on for a long period of time and involve several hearings. This can make a significant dent in your finances. Therefore, you should plan ahead and ask your lawyer about their fee and all the possible costs that may be incurred during the course of the proceedings in different scenarios, like if you end up taking a plea bargain or have your case dismissed during the indictment. You should make the final decision based on the competency of the lawyer as well as your spending capacity.
Dallas Criminal Defense Resources
- Dallas self-help forms and guides – https://www.dallascounty.org/government/district-clerk/legal-assist.php
- Information to understand the court system – https://www.texascourthelp.gov/
- Dallas Police Department contact numbers – https://dallaspolice.net/resource/helpfulNumbers
- Dallas Police reports – https://dallaspolice.net/resource/dpd_crimereport
- Dallas criminal record search – https://www.dallascounty.org/services/record-search/
- Texas guides by topic – https://guides.sll.texas.gov/
Methodology
To come up with the criminal defense lawyers in Dallas of 2024, Forbes Advisor considered many factors. Forbes Advisor’s mathematical analysis considers and weighs the information collected to calculate a specific rating and reviews these results to find the best attorneys in a given practice area.
Within the model, we take into account factors that legal professionals and consumers value in an attorney’s qualifications. After assigning weighted scores to hundreds of data points, we narrowed the field down to our top choices based on:
- Legal experience
- Special licenses & certifications
- Ethics and bar disciplinary measures
- Legal thought leadership
- Education & employment background
- Scholarly lectures & writings
- Awards & Honors
Forbes Advisor collects public data from a variety of sources, including state bar associations, court records and other published sources on the internet. This information should not be considered comprehensive, however. It might not include additional relevant information on an attorney’s legal skills and experience.
Each lawyer listed here has their own merits. Bear in mind that our list relates to these lawyers’ legal backgrounds, but does not evaluate their personalities or their knowledge of the law. One attorney may be more suitable than another for your specific legal situation.
One thing that can’t be quantified, though, is the rapport you establish with your attorney. Personality goes a long way when teaming up with an attorney, especially when going through a potentially difficult legal situation. These rankings should serve as a reference and potential starting point in your search for the right lawyer for you and your legal concerns.
Frequently Asked Questions (FAQs)
What is the three-felony rule in Texas?
If you have a previous conviction of a felony other than a state jail felony, your punishment will drastically increase with every subsequent felony conviction. For example, if you were previously convicted of a third-degree felony and are now being charged with a second-degree felony, a conviction will lead to punishment for a felony of first-degree and not second-degree.
If you are convicted of a felony for the third time, you will be punished by imprisonment for life or any term between 25 years to 99 years.
Which felonies cannot be expunged in Texas?
If you were arrested or charged with a crime in Texas, there is a chance you can get it expunged from your records to make your life easier. You can get an expunction for any Class C misdemeanor that resulted in deferred adjudication or any other offense that did not result in a conviction. So, except for minor traffic violations that do not result in jail time, you cannot request an expunction of any crime, misdemeanors or felonies, that resulted in a conviction.
Can a felon be around a gun in a car?
No, you cannot carry a gun in a car if you are convicted of a felony in Texas. You are not allowed to possess any firearm at all for five years after completing your prison sentence for your felony conviction. After five years have passed, however, you are allowed to possess a gun at home. But you cannot take it outside the premises of your home.
The federal laws for possessing a gun after a conviction are different from the state laws, so it is advisable to consult a lawyer before buying a firearm if you have a criminal record.