Why Should An Attorney Be Retained To Defend Against Assault Charges?
In Texas, we do have the opportunity on misdemeanors to represent ourselves, it never works out. You have a lot of different personalities involved and the prosecutors who somebody who is representing themselves would have to contend with, they would be unaware of what these persons’ particular interest, their bias, their concerns are. How would we deal with them and to work the case with them, whether it is a plea bargain or preparing for trial. So never represent yourself!
If it has resulted going to trial they would know how to ask the questions, they would know how to present the evidence or prevent the other side from presenting evidence, that could lead to them being found guilty. The reason you do not want to hire somebody who dabbles or has little experience in criminal law is because that is another recipe for disaster. You want somebody who has spent a great deal of their practice and their time dedicated to representing individuals accused of crime, in particular, assault.
So when you are looking for somebody, you want to make sure that is what they do on a daily basis, that they keep up with the current case law, that they are familiar with how the prosecutor prepares the case for trial, interviews the officers, how the officers even collects evidence. There is always methods to collecting things and they must be aware of how the officer, based on his training, will collect evidence to review the videos, to review the 911 tapes that often lead to the arrest.
Pleading Guilty To An Assault Charge Is Highly Inadvisable In Texas
There are a lot of circumstances where doing something yourself can be acceptable. Painting a wall, fixing woodwork on the house, you will not do as good a job as a skilled artist but the job will be done. In this case, there is no good side to doing it by yourself. You are a good person, good people can commit assault. You are going to be pressured into pleading guilty, pressured into doing something you want to do and that is either admitting the offense or doing what we call in Texas a No Contest, a nolo contendere plea which can sound good but the prosecutors are not there to help you.
They are there to move this case. They already believe that you are guilty or they would not have charged you. The police believe you are guilty or they would not have arrested you. The chance for representing yourself and doing so successfully is long gone. They are only working out the punishment at that point, and so no, never represent yourself.
What Sets Your Firm Apart In Handling Assault Cases?
I have tried a number of cases involving assault. I have talked to a lot of individuals charged with it and as a prosecutor, I have prepared the cases that I have met with the officers to help them prepare cases. I have conducted training seminars for the officers, reviews for them, their paperwork. I understand how they are going to prepare this case. Not only that, I understand how the prosecutor is going to prepare the case. Once it gets to the position, it is going to trial.
More importantly, I have been doing this for twenty-five years. I know the judges, I know the people involved in the court system. I know what each individual prosecutor is looking for out of a case, or some of them may believe that punishment is the only way to look at this. The others who believe that the only thing they are concerned about is making sure this never happens again. Doing counseling upfront, what recommendations to make to the client, how to keep up with the client to do these things. Advocate their case for the best possible outcome, that requires being present, that requires personal attention and that requires attention to the case on a daily basis.
If I see the prosecutor, I do not want to let that opportunity go by even if it is a chance meeting in the courthouse to say, “Hey, that case is going well”, or, “We need to talk about this case” to keep it on the front burner to let them know I am thinking about it all the time.
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