Michael J. Rogers Law Firm P.CThe Rogers Law Firm, P.C.

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Common Questions

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Information about BWI's and DWI's

If you are charged with Driving While Intoxicated or Boating While Intoxicated, you only have 15 days from the day you receive a Notice of Suspension of your driver’s license to notify the Department of Public Safety of your request for a hearing.

If you have received such a notice and do not timely notify the Department of Public Safety, your license will be suspended. We recommend that our clients request a hearing.

When can an officer search you, your car, or your home without a warrant?

For Body Searches: If you are arrested, an officer can search you, without a warrant, for weapons, evidence or illegal or stolen goods. Strip searches should not be conducted for offenses that do not involve weapons, drugs or violence unless police reasonably suspect you are concealing a weapon or illegal goods, and they have authorization from the supervising officer on duty. If you are booked and jailed, you may undergo a full body search.

When can an officer conduct a search?

An officer always can make a search with either your consent or a search warrant.

However, you have a right to see the warrant before the search begins.

What happens in an arraignment?

You have a right to be arraigned without unnecessary delay. At the arraignment you will appear before a judge who will tell you officially of the charges against you. An attorney may be appointed for you if you cannot afford one, and the bail can be raised or lowered depending on the circumstances of the case. You also can ask to be released on a P.R. bond (personal recognizance), even if bail was previously set.

What is bail and how is it set?

The amount of bail - money or other security deposited with the Sheriff to insure that you will appear - is set by a magistrate. Normally, after an arrest you are taken before a Magistrate for a Probable Cause Hearing. Your bond amount is set at that hearing. Appear at all hearings. If you have any doubt, go to Court so a new warrant is not issued for your arrest for failing to appear.

When can I be released?

If, during the questioning and before a charge is filed, the police are convinced that you have not committed a crime, they will usually release you. Under this circumstance, such a situation can then be considered a detention and may not be recorded as an arrest.

When is an arrest warrent used?

Usually, a warrant is required before you can be taken into custody from within your home. However, you can be arrested at home without a warrant, if fast action is needed to prevent you from escaping, destroying evidence, endangering someone’s life or seriously damaging property.

Who maintains arrest records and what do they include?

Local Police Departments, The State of Texas, and the Federal Government all maintain arrest records.

The arrest record includes when and why you were arrested, whether the charges against you were dropped or whether you were convicted of the charges, and the subsequent sentence imposed. Both pleading guilty and nolo contendere, and being found guilty after a trial count as convictions.

Who can arrest me?

All law enforcement officers (such as police officers, county sheriff officers, investigators in a district attorney’s office and highway patrol officers) can arrest you whether they are on or off duty. A probation or parole officer can also arrest you.

They can arrest you even if they do not have an arrest warrant if they have probable cause or good reason to believe you committed a crime.

Once I am told my rights, can I be questioned?

You can be questioned, without a lawyer present, only if you voluntarily give up your rights and if you understand what you are giving up. If you agree to the questioning, then change your mind, the questioning must stop as soon as you say so or as soon as you say that you want a lawyer.

What rights do I have?

You have certain rights if you are arrested.
Before the law enforcement officer questions you, he or she should tell you that:

You have the right to remain silent.
Anything you say may (and probably will) be used against you.
You have a right to have a lawyer present while you are questioned.

If you cannot afford a lawyer, one will be appointed for you.

What is an arrest?

When you are arrested, you are taken into custody. This means that you are not free to leave the scene. However, without being arrested, you still could be detained or held for questioning for a short time if a police officer or other person believes you may be involved in a crime.

For example, an officer may detain you if you are carrying a large box near a recent burglary site. Storekeepers also can detain you if they reasonably suspect you have stolen something.

When should I see a Cleburne Lawyer?

If you are arrested for a crime, you should contact a Cleburne lawyer as soon as possible. He or she has a better sense of what you should and should not say to law enforcement officers to avoid being misinterpreted or misunderstood. Cleburne lawyers also can advise you or your family or friends on the bail process.

What do I need to do to have a successful Johnson County lawyer-client team?

The answer to this is simple and straightforward:

Be sure that you and your lawyer have the same goals.

Be sure you understand and are comfortable with the Cleburne lawyer’s working style.

Be especially certain that you have a clear picture of the expected timetable of your case - when you can expect significant developments.

Be sure you provide the Cleburne lawyer with the information and documents necessary to understand your case.

Be sure you understand and agree with the Cleburne lawyer’s billing practices.

What should be in the written fee agreement?

Your written fee agreement should set out the services the Cleburne lawyer will perform for you, and the type and amount of fees you will be expected to pay. The agreement should also say how costs - the other expenses of your case - will be handled and explain the lawyer’s billing practices. The agreement should also say if the lawyer is going to add interest or other charges to unpaid amounts.

Why is it important to have a written fee agreement?

No matter what the amount, no one likes to pay legal fees. Therefore, it is important for you and your Cleburne lawyer to agree, in writing, about what you will pay the lawyer and what services the Cleburne lawyer will perform. This way, both of you will know what to expect from each other as you work together on your case. Fee agreements should be in writing.

Should I hire the Cleburne lawyer?

That depends on how you feel after your meeting with the Cleburne lawyer and his staff. When meeting with the lawyer bring the names, addresses, and telephone numbers of everyone connected with your case. You also should bring all papers involved in your case, such as any documents you received from governmental source.

Ask to hear about cases like yours that the lawyer may have handled.

How will I know which Cleburne Lawyer is best for me?

You may want to meet briefly with the Cleburne lawyer or a professional staff member instead of discussing your problem on the telephone.

At such a meeting you may want to ask how much experience the Cleburne lawyer has had with problems like yours, and how recently the Cleburne attorney handled a similar case.

We suggest hiring a Cleburne lawyer who primarily practices law in the jurisdiction where your case is located and has an office in the area.

Do Cleburne Lawyers Specialize?

A Board Certified Cleburne attorney is a Cleburne attorney who has demonstrated special competence in a particular field in which the Texas Board of Legal Specialization has certified their competence.

The Texas Board of Legal Specialization was created by the Supreme Court of Texas, and the Board members are appointed by the President of the State Bar of Texas. The Board, in turn, administers the program through which an attorney may demonstrate their special competence in a particular area of law practice.

How do I find a Cleburne Lawyer?

Recommendations. Maybe you know a Cleburne lawyer. Cleburne Lawyers can refer you to other lawyers who have experience with your kind of problem.

Ask your friends, co-workers and employers if they know any lawyers. Business people or professionals such as bankers, ministers, doctors, social workers and teachers may be able to give you a Cleburne lawyer’s name.

Why might I need a Cleburne Lawyer?

Legal advice is like medicine: You can take some to cure problems and some to prevent them. If you are accused of committing a crime, a Felony, or Class A or B misdemeanors, you need legal advice. The punishment range for some of such crimes is as follows:

PUNISHMENT RANGES and GENERAL PENALTIES

A. OFFENSE - FELONIES

Capital Felony
Life or Death

FIRST-DEGREE FELONY
Life or 5-99 years in prison and optional fine not to exceed $10,000

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