Best Criminal Defense Lawyers Houston, TX Of 2024

• R. Todd Bennett
• Neal A.Davis
• Dick DeGuerin
• Chris Flood
• Phillip Gommels
• Nicole Hochglaube
• David Nachtigall
• George Parnham
• Paul Schiffer
• Mark Thiessen

A criminal defense lawyer represents individuals or entities (corporations) who have been accused of committing a crime. Their role is to represent individuals through the criminal process system and to advocate for their client. In addition, a criminal defense lawyer is responsible for providing their client with the best possible defense and ensuring they receive a fair trial.

As a part of their role to provide effective legal counsel, criminal defense lawyers will represent their clients in all pre-trial hearings, negotiations and trials. They will draft documents, interview witnesses and discuss legal strategy with their clients. They will advocate for their clients during the sentencing phase, and if necessary, help with the appeals process.

Public Defender vs. Private Criminal Attorney

The right to an attorney attaches as soon as you’re charged with a crime. The Sixth Amendment provides all individuals to the right of counsel even in misdemeanor cases.

Both public defenders and private criminal attorneys provide legal representation, but there are key differences between the two. Let’s take a look at the key differences and the pros and cons:

Eligibility

• A public defender is usually for those individuals who can’t afford a private criminal attorney. You are assigned a public defender by the government after they have a chance to review your income, assets, and expenses and determine that you aren’t able to afford an attorney.
• A private criminal attorney is selected by you. You can interview them and decide whether they are the right fit for you.

Costs

• A public defender is chosen by the government, and the taxpayers cover the cost. You do not have to pay for a public defender.
• A private criminal attorney’s costs are paid by you. The costs can be thousands of dollars, depending on the amount of work that’s required. Some require an hourly fee, retainer, or flat fee for their services.

Caseload

• A public defender is employed by the government, and they are required to represent all eligible clients in their jurisdiction. They often carry a heavier caseload and may have limited time for your case.
• A private criminal attorney has the ability to pick and choose what cases they may take, so there is a higher likelihood that they will have the time to put into your case. If you detect that they may not have time for your case, you can choose another attorney.

Resources and Support

• A public defender may not have the resources or support to conduct their own investigations. They rely on a government budget for their funding.
• A private criminal attorney will have the resources to conduct their own investigations and find expert witnesses, as well as have the support staff to aid in your defense.

Should You Represent Yourself In a Criminal Case?

You can always represent yourself in a legal case, but this comes with several risks. The legal system is complicated to navigate and, without a background understanding of the law, it can be difficult to understand all the rules, procedures and evidentiary requirements that can impact your case. Without legal training, it will likely prove difficult to understand the intricacies of the judicial system. In addition, because you are representing yourself, you may find it difficult to control your emotions and you may inhibit yourself from making the best decisions in the legal process.

Lawyers have access to legal resources that you will not necessarily be able to benefit from and this can be a disadvantage as you work through your case on your own. Also, making legal mistakes and missing deadlines will not work to your advantage. Negotiations may stall because your local prosecutors may not take you seriously or could find ways to take advantage of your lack of knowledge about the process. A conviction has lifelong consequences for your personal and financial future, so representing yourself may cause irreparable harm to your employment and well-being.

Although it may initially seem tempting to represent yourself because it costs subsequently less than hiring a lawyer, there are certain circumstances where it is not recommended to advocate for yourself. Most individuals convicted of crimes strongly benefit from hiring legal counsel or, at a minimum, seeking legal advice about their case.

A criminal case involves a structured process and although the steps may vary based on the charge and jurisdiction, here’s a general overview:

• Investigation. Police officers will conduct an investigation, gather evidence, interview witnesses and determine if there is enough evidence to arrest an individual.
• Arrest. If there is sufficient evidence, law enforcement officers will make an arrest. Once the individual is arrested, they will be taken into custody, read their Miranda rights and booked at the police station.
• Initial Appearance. The individual charged with the crime is brought in front of the judge at the arraignment or initial appearance. The individual has the opportunity to plead guilty, not guilty or no contest for the record in front of the judge.
• Bail or Detention. The judge determines whether to set bail and release the charged individual or to keep them in jail until trial. Bail is often set based on several factors including the severity of the crime, an individual’s prior criminal history and their flight risk.
• Pre-trial Proceedings. During this phase, various motions, potential plea agreements and other negotiations can be brought to the court. Discovery and motions to suppress evidence are also conducted at this stage.
• Trial. If the case doesn’t result in a plea, then it will proceed to trial. Each side will present their evidence and have the opportunity to question their witnesses. A judge or jury will make a decision on the individual’s guilt or innocence.
• Verdict. At the end of trial a verdict is delivered. If the individual is found innocent or acquitted, they are free to go home. If the verdict is guilty, then sentencing will happen at a later date.
• Sentencing. A separate hearing is held for sentencing. The judge will decide the appropriate punishment including fines, probation, community service, and/or jail time.
• Appeals. If the individual believes the judge or jury came to an improper conclusion or legal errors were made during trial, they can appeal the verdict to a higher court.
• Post-conviction Relief. After conviction, if the individual wants to challenge the legality of their confinement, they can file a habeas corpus petition.

Resolving a Criminal Case in Texas

A criminal case in Texas can be resolved in several ways. Generally the resolution involves a plea bargain, probation (vs. parole) and incarceration.

A plea bargain involves negotiation between the prosecutor and the criminal defense attorney regarding an individual’s case. Individuals may plead guilty or no contest in exchange for reduction in charges or leniency in sentencing.

Probation is often an alternative to incarceration (although probation can follow incarceration too). Individuals can remain in the community under supervision, but the terms of probation require regular check-ins with a probation officer, compliance with court restrictions and upholding the law. If a person violates the terms of their probation, they could face incarceration.

Parole occurs after a person has been incarcerated and is released early, subject to various conditions and restrictions. The Texas Board of Pardons and Paroles makes a determination whether or not an individual can be released on parole, weighing factors like criminal history, behavior in prison and risk to society. An individual must report to their parole officer and adhere to the restrictions as a condition of their parole.

Sentencing requirements in Texas depend on the type and severity of the crime. Texas follows truth in sentencing guidelines, which means certain crimes require the offender to serve at least half of their prison sentence before being eligible for parole. How much prison time an individual serves is determined on a case-by-case basis and depends on a parole board’s decisions, the individual’s behavior, and other factors.

In Texas, expungement (also referred to as expunction) is a legal process that allows individuals to remove or erase criminal records from the public’s view. Under Texas Code of Criminal Procedure Section 55.01, there are various scenarios that can make an individual eligible for expunction, such as:

• An arrest for crimes that were never charged.
• Criminal charges which were later dismissed.
• Convictions which were later reversed on appeal or pardoned.
• Convictions of certain misdemeanor juvenile offenses.
• Convictions of minors for certain alcohol-related offenses.
• Convictions for the failure to attend school.
• Arrests, charges, or convictions on a person’s record when the offenses were the result of a theft of their identity.

There is a waiting period for those who wish to have their records expunged, and it depends on several factors including the type of charge, whether the case was dismissed or there was an acquittal, the statute of limitations, and other factors. If you were arrested and never charged, the expungement guidelines state following waiting period:

• Class C Misdemeanor: 180 days from the date of the arrest
• Class B Misdemeanor: 1 year from the date of the arrest
• Felony: 3 years from the date of the arrest

You want to choose the best criminal lawyer for your specific situation. If this is your first time looking for a criminal defense lawyer, you may not know what to look for. Here are specific ways to determine if a criminal defense attorney is the right fit for you:

• Conduct a search online. Look for Houston criminal defense lawyers, read their websites and testimonials, and check to see if they practice in the area that you need.
• Ask for referrals from your local bar association. Contact the Texas State Bar or Houston Bar Association for referrals for qualified defense lawyers. They often have a list.
• Seek a consultation. Meet with the lawyer during an initial consultation. Ask if they have specific experience in the area of representation you’re seeking. Also, ask about their not guilty and acquittal record and see whether their personality will work for you during the course of your legal representation.
• Check credentials. Check the Texas State Bar for information about any lawyer. It will show their disciplinary history, if they are currently active in the practice and where they are admitted to practice.
• Understand the fee structure. Attorneys can be expensive, so it is important to conduct your own due diligence and ask about hourly rates and flat fees.
• Assess availability. Ask your lawyer about their current book of cases and their availability to represent you.
• Trust your gut. This is your defense and if you have any doubts about a lawyer, you may want to seek alternate counsel.

There are several criminal defense resources available for individuals who are charged with a crime. Here are some of those resources:

Houston’s Non-Emergency Police Department Contact

• There are several scenarios where you may want to contact Houston’s police non-emergency line. Some instances include handling a noisy neighbor, reporting a crime (with no suspect present) after it has occurred and requesting extra police patrols in your neighborhood. The phone number is 713-884-3131.

Where to Get a Police Report and Copy of a Criminal Record

• You can get a police record and a copy of a criminal record via the open request open request link.

Guides and Forms Related to Criminal Defense Help

• Texas Law Help

Referrals for Criminal Defense Attorney Recommendations

• Harris County Public Defender’s Office
• Houston Bar Association
• State Bar of Texas
• Texas Criminal Defense Lawyers Association

Organizations with Additional Resources

• Houston Volunteer Attorneys Association
• Lone Star Legal Aid

To come up with the criminal defense lawyers in Houston of 2023, Forbes Advisor considered many factors. Forbes Advisor’s mathematical algorithm 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.

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