- Housing: Felony convictions can make it difficult to secure housing. Landlords may conduct background checks, and a criminal record could lead to rejection of rental applications or eviction from current housing.
- Professional Licenses: Certain professions require state licensing, such as nursing, teaching, or real estate. A felony conviction may result in revocation or denial of such licenses, making pursuing or maintaining a career in these fields challenging.
- Gun Ownership: Federal and state laws restrict firearm possession for individuals convicted of certain felonies. A felony conviction can result in the loss of the right to own or possess firearms, subject to additional penalties if firearms are unlawfully possessed.
- Immigration Consequences: Non-citizens convicted of felonies may face immigration consequences, including deportation or ineligibility for certain immigration benefits. Non-citizen defendants must consult with immigration attorneys to understand the potential impact on their immigration status.
- Social Stigma: Felony convictions often carry a social stigma that can affect relationships with family, friends, and the community. This stigma can lead to isolation, discrimination, and difficulty reintegrating into society after serving a sentence.
- Financial Challenges: Felony convictions can result in financial hardships beyond fines imposed by the court. This may include legal fees, loss of income due to incarceration or limited job prospects, and difficulty accessing financial assistance or loans.
A Felony Defendant's Constitutional Rights
The rights of the accused are important enough that three constitutional amendments–Amendments 4 through 6–deal specifically with what an accused person is entitled to under the law. Even someone guilty of the crime they have been charged with is entitled to these basic legal protections. It’s the responsibility of a good defense lawyer to make the government meet these obligations, which are imposed on the prosecution for the greater societal good. Defendants should work closely with their felony attorney to understand and exercise these rights fully.
Fourth Amendment Rights
Under the Fourth Amendment, you are protected from unreasonable search and seizure. What does this mean in practice? It means the police must have a warrant to search your property. Consider an example where your roommate had drugs in your shared apartment. Police came in and searched, found the drugs, and also charged you with felony possession. You know you’re innocent, but how do you prove it?
If the police did not have a search warrant, the drugs could not be used at trial as evidence. You (and your presumably guilty roommate, for that matter) are likely off the hook.
Without the ability to introduce the drugs as evidence, the prosecutor likely has a weak case.
Even having a search warrant isn’t always enough. The Fourth Amendment guarantees that police must have probable cause to have asked for the warrant. That is, there must be actual evidence that gave them a reasonable basis to believe drugs would be found in your apartment. Judges will require probable cause to be shown even before issuing the warrant, but in case of a judicial mistake, your lawyer can still challenge the legality of the search. This emphasizes the critical need to scrutinize every aspect of the search and seizure process.
Fifth Amendment Rights
The Fifth Amendment protects you against self-incrimination. You cannot be forced to give up any information that the police could use against you. In more common language, the Fifth Amendment protects your right to remain silent.
We strongly urge clients to exercise this right. When you’re innocent, it’s natural to believe simply telling your story and answering questions will result in a good outcome. That is not always the case. Officers who may see you as guilty might interpret your answers differently than you intended. A disciplined approach to communication is critical here, as anything said might be misinterpreted or taken out of context.
It is further suggested you avoid discussing the felony charges with people close to you. Your conversations with a spouse are protected–the spouse cannot be summoned to testify against you–but the same is true with anyone else. The safest approach is to keep any talk about the case between yourself and your lawyer.
It’s the prosecution’s responsibility to prove, beyond a reasonable doubt, that you are guilty of what you’re charged with. It is not your responsibility to help them. You don’t have to help them catch the real bad guy, and you certainly don’t have to help a District Attorney build a case against you.
Another part of the Fifth Amendment protects you from double jeopardy–being charged with the same crime twice. If you and your attorney beat this charge, it can never return. Understanding these protections can provide confidence and guidance during a stressful process.
Sixth Amendment Rights
The Sixth Amendment covers your right to legal representation and allows your trial to be conducted in a reasonable amount of time. This amendment also allows you to confront your accuser. Let’s say you’ve been charged with assault and battery. You know you were acting in self-defense and believe the person making the accusation is essentially hiding behind the police. The Sixth Amendment ensures you can be present in a court of law to face that person, and you may take the stand in your defense to refute what they have said. Building a comprehensive and transparent defense strategy can utilize these rights effectively.
Defenses Against Felony Charges in Fort Worth
Defending against felony charges is a complex task that demands a comprehensive understanding of the law. It also requires a strategic approach to navigate the intricacies of the legal system. Skilled felony criminal defense attorneys often employ a range of common defenses, each carefully tailored to the unique circumstances of the charge. Collaborating with a defense team that understands the nuances of Fort Worth laws and judicial tendencies can provide an added advantage.
- Insufficient Evidence: The prosecution must prove its charge beyond a reasonable doubt. If the evidence presented is weak or circumstantial, your defense attorney may argue that it fails to meet this standard. A thorough investigation and evidence analysis is crucial in challenging these claims.
- Mistaken Identity: In cases relying on eyewitness testimony, mistaken identity can occur. Your attorney may demonstrate that you were not the individual who committed the crime. This can involve presenting alibis, analyzing surveillance footage, or other substantial pieces of evidence.
- Alibi: Establishing that you were elsewhere during the crime can be a strong defense. This may involve presenting evidence like surveillance footage or witness statements.
- Self-Defense Claims: In violent crime cases, establishing your actions were in self-defense can be a valid legal strategy. This defense hinges on demonstrating your response was necessary to prevent imminent harm. Providing detailed evidence supporting your self-defense claim can be vital.
- Insanity Defense: If a defendant was not mentally competent at the time of the crime, an insanity defense may apply. This requires thorough psychological evaluations and expert testimony.
- Entrapment Defense: If law enforcement's actions led you to commit a crime you would not have committed otherwise, you may have an entrapment defense. This requires proving that the conduct of law enforcement was excessive or inappropriate.
Collaborating with a knowledgeable felony defense attorney is essential to identifying and implementing the most effective defense tailored to your case. Your legal team should be your staunch advocate, scrutinizing every detail to protect your rights and freedom.
Understanding Local Laws & Sentencing in Fort Worth
In Fort Worth, understanding local legislative nuances and court processes is critical in felony defense. Tarrant County courts adhere to state laws while applying local rules and discretionary practices. This unique combination of regulations can significantly impact the outcome of a felony charge and requires precise navigation by legal professionals familiar with these dynamics. Knowing local judges' tendencies and procedural preferences can strategically influence case proceedings and outcomes.
The geographic prevalence of certain crimes can also affect sentencing. For instance, offenses like drug possession or theft might see varying degrees of prosecutorial focus based on community impact and local policy initiatives. It is essential to have legal representation that understands these local influences and can tailor defense strategies accordingly to offer the best chance of mitigating consequences.
Common Misconceptions About Felony Charges
Misunderstandings about felony charges and their consequences are common. One misconception is that a felony charge is a definitive conviction; however, every defendant has the right to a defense and trial where innocence can be argued. Another widespread belief is that plea bargains always result in more lenient sentences. While they can reduce charges, they require careful negotiation and acceptance of a criminal record.
Additionally, some might think that once convicted of a felony, rebuilding a normal life is impossible. Although challenging, individuals can take steps toward reintegration, such as seeking expungement, participating in rehabilitation programs, and leveraging community resources. It's vital to dispel these myths and fully understand one's rights and options when facing felony charges.
What Happens After Felony Charges?
Several essential steps in the legal process occur between when charges are filed against you and when the trial begins. Each step requires detailed attention and an informed strategy to ensure no rights are infringed and every legal avenue is explored.
At the preliminary hearing, the prosecution must demonstrate to the judge that they have enough evidence to convict you. The judge works off the presumption that all the evidence can be proven. The purpose is not to convict you before the trial even starts. It is merely to be certain that the prosecution could meet their burden of proof for the charges filed against you if they persuade the jury on everything presented. This is also a hearing where your attorney can challenge evidence. Those drugs from our example further up? This is another opportunity to insist they be thrown out and not shown to the jury. Or that conversation you had with a police officer before you were allowed to call your lawyer that's being spun to make you look guilty? Your attorney might seek to get that suppressed.
The arraignment is where the court reads the formal charges against you, and you officially enter your plea. Then, the legal process of discovery begins. You have the right to see all evidence the prosecution intends to bring against you. The dramatic “surprise” at trial might make for great television, but the focus is on a fair trial in the real world. The defense lawyer will not know everything about how the prosecution intends to approach the case, but the defense will know the substance of all evidence the prosecution has.
Plea bargaining can be a part of this process at almost any time. This is where the prosecutor agrees to a lesser charge, and you agree to plead guilty. Any plea negotiations are a time for even more reliance on the wisdom of a good defense lawyer. Understanding the nuances of such negotiations can lead to advantageous outcomes, should plea bargains be considered.
An experienced defense attorney will have a firm grasp of how strong the prosecution's case is. They may be able to speak candidly to a defendant and tell them that they're better off taking the lesser charge. Conversely, a defense lawyer is responsible for knowing when a prosecutor is bluffing–trying to scare a defendant into a plea when the government's case is relatively weak.
The prosecutor may impanel a grand jury depending on the gravity of the crimes charged. A grand jury is a pre-trial procedure where citizens will hear the evidence, the same as a trial jury. The prosecution calls it to see how strong their case is before proceeding with the time and expense of a full trial. The grand jury hearing is another venue where your defense lawyer can challenge the evidence against you and perhaps dissuade the District Attorney from even bothering with a jury trial. Presenting compelling counter-evidence and arguments can sway the direction of the charges significantly in grand jury proceedings.
The legal process following a felony charge is long. It's important to remember that the length of the process and its multiple stages are meant to protect defendants. The key is ensuring defendants have the legal representation to get all they are entitled to and maximize each defense opportunity at every stage of the process.
Contact Our Fort Worth Felony Defense Lawyer Today
At the Law Offices of Mark M. Childress, PLLC, we know you’re fighting for your life and freedom. That’s why we bring intense, personalized service to our clients. You need an attorney who will be there for you, ready to talk through strategies with you and then tenaciously challenge the prosecutor every step of the way. Our focus is on providing compassionate, vigorous advocacy that aligns with your goals while safeguarding your rights.
Contact the Law Offices of Mark M. Childress today to schedule a meeting with our Fort Worth felony criminal defense attorney!
Frequently Asked Questions
What Is the Difference Between a Misdemeanor & a Felony?
The primary difference between misdemeanors and felonies lies in the severity of the crimes and the penalties imposed. Misdemeanors are typically less serious offenses that might result in fines or shorter jail sentences, often up to one year, served in local or county jails. In contrast, felonies are more serious crimes that carry longer prison sentences, potentially served in state or federal facilities, and can lead to more significant legal and personal consequences, such as losing certain civil rights.
Can a Felony Conviction Be Expunged in Texas?
In Texas, the expunction of a felony conviction can be a complex process and is not universally applicable to all felonies. Generally, an expunction is available for cases that did not result in a conviction, such as those dismissed, found not guilty, or qualifying for pre-trial diversion programs. However, Texas law is strict concerning expunging convictions. Individuals seeking this legal relief should consult with attorneys to determine eligibility and navigate the procedural requirements meticulously.
How Does Being Charged With a Felony Affect Employment?
Being charged with a felony can have profound effects on employment opportunities. Many employers conduct background checks, and a felony charge, especially one resulting in a conviction, can lead to disqualification from certain jobs, particularly those requiring trust or security clearance. While being charged does not equal guilt, the stigma can lead to bias in hiring practices. Nonetheless, many advocacy groups and certain companies focus on offering second chances, emphasizing rehabilitation and skill-building for individuals affected by felony charges.
