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Common Criminal Defense Questions

Answers to Frequently Asked Questions

Do I need an attorney if this is my first DWI charge?
It is not legally necessary to have representation if you have been charged with DWI in Texas. You could be facing probation, license suspension, community service and even jail time if you are convicted. In light of these punishments, you might consider that protecting yourself legally by consulting with a professional attorney would be in your best interests.

What if I am innocent of any crime? Do I still need a lawyer?
If you are facing charges for crimes that you did not commit, you should contact an attorney immediately. Almost nothing is more unjust than spending time in prison for a crime of which you were not guilty. With the help of a Attorney Martinez at our law firm, you can make sure that you are protecting yourself with the best possible legal defense in the face of a false accusation.

What is BAC?
BAC stands for blood alcohol content or blood alcohol concentration. It refers to the amount of alcohol in your bloodstream as shown by a breath or blood test.

What is the legal blood alcohol limit in Texas?
If you are over the age of 21, you will most likely be charged with DWI if you have a BAC of .08% or higher. It is important to remember that if a law enforcement officer suspects impairment or intoxication, he can pull you over and cite you with DWI even if you have a BAC of less than .08%. In the case of individuals under the age of 21, Texas has a zero-tolerance policy on drinking and driving. You can be charged with DWI if you are operating a vehicle with any BAC amount if you are underage.

What is the difference between burglary and robbery?
Burglary refers to unlawfully entering a house or building with the intent to commit a felony, assault or theft. Robbery refers to unlawfully taking property from another person by force. Both crimes can result in felony charges and even life imprisonment, depending upon your situation. If you have been charged with either of these theft crimes, it is very important that you contact our lead attorney at the Martinez Law Firm in order to protect your constitutional rights.

Will I lose my license if I am charged with DWI?
Your license can be suspended or revoked depending upon the severity of your DWI charges. After you have been arrested/cited for DWI, you will have a certain amount of time to attend a hearing to determine the status of your driver’s license. This is your chance to defend yourself and your right to operate your vehicle. With the help of qualified DWI attorney, you can have a much greater chance of retaining your driving privileges. It is so important to speak with a lawyer as soon after you have been charged as possible in order to start your defense process.

What is the penalty for a first degree felony?
If you have been convicted of a crime that is classified as a first degree felony under Texas Penal Law, you could face life in prison. This type of classification allows the court to sentence you to from anywhere from 5 to 99 years in prison and fines of up to $10,000.

What is the sentence for a capital felony?
If you are convicted of a capital felony in Texas, you will either receive life imprisonment without possibility of parole or the death penalty.

Will I be able to meet with my attorney at the Martinez Law Firm ?
Absolutely. Because we are an intimate law firm, you will always be able to meet directly with the lawyer who will be defending you. We believe in fully researching and investigating each client’s case in order to build the best possible defense. Give us a call for a free consultation.

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