Finding yourself in trouble with the law because of criminal activity can be devastating, mainly if the violation results in a criminal investigation and arrest. During arrest, it is recommended to remain calm to avoid more legal trouble. Unfortunately, staying calm and composed during an arrest can be challenging if you do not understand your rights and criminal law. Criminal law is complex, and a guilty verdict for a criminal charge attracts severe penalties.

So, you require a criminal defense attorney to explain your charges, possible penalties, and legal defenses to prevent a conviction. An attorney will also explain everything you need to understand Fort Worth criminal law to remain calm and avoid the anxiety of not knowing what to expect after arrest, especially when you are a first-time offender.

Legal Defense Types in Fort Worth, TX

When charged with a crime, you appear before a judge in a trial hearing where the prosecutor proves the case’s facts beyond moral certainty to obtain a guilty verdict. Similarly, you, the defendant, are entitled to defend yourself against the accusations. You can submit your defenses using various strategies to poke holes or challenge the prosecutor’s evidence for a favorable outcome. The common defense types you can utilize for a favorable verdict in a criminal case are:

Affirmative Defenses

In some cases, all facts can indicate that you committed the alleged crime. In these circumstances, you can apply an affirmative defense whereby you admit to engaging in the alleged violation but point out extenuating factors surrounding the crime that make you innocent of the alleged crime. When using the defense, you admit to engaging in the offense but prove that your actions were justified to prevent a conviction.

One common affirmative defense in criminal law is self-defense. You can argue, for instance, that you assaulted someone because the said victim threatened you, and you reasonably believed that you were in imminent danger of harm and, therefore, were forced to use reasonable force to repel the threat. Self-defense is commonly used to contest assault charges, battery, or murder. Nevertheless, for the defense to hold in court, your defense attorney must demonstrate that you reasonably believed you were in imminent danger of harm or death and that a sober person under your circumstances would have felt threatened and acted in the same fashion you did. Further, you should show the force utilized to repel the threat was necessary and not in excess. If you use excess force more than is required to repel the danger, self-defense will not hold in court.

Besides self-defense, you can argue that you were defending another person when the crime happened, leading to the ongoing criminal charges. Defense of others works in criminal cases if you can show that someone else reasonably believed they were in imminent danger of being killed or injured, and you intervened by using reasonable force to repel the threat and protect the person.

Another example of an affirmative defense is claiming that you were acting under duress or coercion. When using this defense, you admit to perpetrating the alleged crime but assert that you only did so because you were forced. For instance, you can argue that the other defendants or perpetrators of the robbery threatened to kill you or use violence against you or your family if you failed to aid them in the commission of the offense. Because of these threats, you had no option but to commit the crime.

The final affirmative defense you can use in your criminal case is the necessity defense. When using the defense, you admit to the alleged offense but argue that the violation was necessary to avert further harm. For example, you can assert that it is essential to engage in carjacking or steal an automobile to chase a criminal alleged to have kidnapped a child or had explosives in the car that they planned to use.

Defense Alleging No Criminal Violation Happened

You can contest your criminal charges by arguing that although it appears like a criminal violation occurred, there was none, or you did not commit the crime. One common defense that falls under this category is the consent defense. Contending that you had permission for your actions or conduct can prevent a conviction. For instance, when charged with trespassing, you can argue that you had approval from the owner to access the property. The same defense applies when accused of rape. You can claim that the alleged victim gave you consent to the penetrative sex, and, therefore, you are not guilty. Nevertheless, for the defense to work, you must present proof of consent or approval from the accuser. At this point, an attorney will be crucial in finding and presenting this evidence.

Another defense that falls under this category is abandonment or withdrawal. The two terms have different meanings in criminal law. Withdrawal happens when you, the defendant, withdraw from a planned crime before it happens. This means that you participated in the planning. Still, before executing the plan, you communicated your withdrawal or decision to pull out of the plan to your co-conspirators.

In contrast, abandonment is when you attempt to stop a crime when it is happening. If you can demonstrate to the court the change of heart and the decision to withdraw from the plan or to try to stop the crime from happening, you could deter a guilty verdict or obtain a charge reduction.

Your attorney can also demonstrate to the court that no crime happened through an entrapment defense. Entrapment occurs when the government or police induce you into committing a crime that you could not have otherwise committed and later try to punish you for the same crime they pushed you into committing. Under these circumstances, you can argue that no criminal violation would have happened were it not for the inducement from law enforcement, and, therefore, you should not be held criminally liable for the violation.

Intent or State of Mind-based Defense

Another defense type under criminal law is contending that you did not comprehend the significance of your criminal violation because of your intent or state of mind. If your criminal charges stem from these circumstances, you can use insanity as a defense. However, the defense strategy only works if you can show you had a mental condition or disorder when the crime happened and that the condition made you unable to differentiate between right and wrong or made it impossible to manage your violent impulses or actions, leading to a criminal act. Failure to understand the nature of your actions means you will not be convicted of the crime. Also, the court cannot send you to jail or prison to serve a sentence. However, you will not be released to reintegrate with the community because you are a threat to yourself and the public. So, the court will order placement in a psychiatric facility where you will undergo treatment before reintegrating into society.

Similarly, if you did not understand your actions that were deemed a crime, you can argue that you were intoxicated. Using intoxication as a defense works because when one is impaired, they do not understand the nature or severity of their actions. Intoxication works as a defense, mainly if it is involuntary. If someone drugged you, you can use intoxication as a defense against general and specific intent violations. Even voluntary intoxication can work as a defense but in specific intent violations. Here, you can assert that the drug or alcohol impairment denied you the intent necessary to satisfy the elements of the alleged crime.

Lastly, you can use mistake of fact as a defense strategy under this category. For the defense to work, you must have made a significant mistake that negates the facts of the said violation. For example, when you face larceny charges, you can argue that you mistakenly believed the property was yours or reasonably believed the owner gave it to you. In other cases, you can say that your actions were due to a mistake of law and that you reasonably believed your conduct was lawful, but it turned out to be unlawful.

Violation of Your Rights

Even when you are accused of a crime, you enjoy constitutional rights that must be protected. When police violate these rights during criminal investigations or arrests, the arrest becomes unlawful, and any evidence obtained from the illegal investigations becomes inadmissible in court. Under the circumstances, the prosecutor can offer a favorable plea deal or drop the charges.

Texas constitutional law provides for many rights. The first is Miranda rights, which preserve your liberty to stay silent during police interrogation unless your attorney is present.

Also, you reserve a right to legal representation or counsel. If you cannot afford a private attorney, the court should appoint you a public defender.

Additionally, the 4th Amendment protects against illegal searches and seizures and unwelcome questioning. Any evidence from these illegal searches cannot be admitted as proof in court.

Again, you enjoy protection under the 6th Amendment, which allows you to cross-examine witnesses testifying against you.

You are also entitled to the prisoner’s civil rights. These include the right to mental care, health care, food, and clean water.

Lastly, you have a right to a fair and speedy trial and protection from an inhumane and unusual punishment.

When charged with a crime, immediately speak to an experienced defense attorney to explain your rights and identify instances of rights violations in these cases. If your rights are violated, you will have a solid defense strategy to prevent a guilty verdict when you stand trial.

Action to Take After An Accusation

Even law-abiding citizens sometimes find themselves on the wrong side of the law. An arrest can be overwhelming, and the fear and stress associated with it can make the process difficult. Trying to explain yourself or avoid being handcuffed amounts to resisting arrest, so you should remain calm. Your behavior during arrest will have a significant impact on your case’s outcome. To avoid falling into more trouble with the law after an accusation, here is what you should do:

  1. Remain Silent

You are entitled to remain silent until your attorney is present. Therefore, you should exercise this right during police questioning. Only answer formal questions like your name and address and stay silent regarding details relating to the accusation. Trying to talk yourself out of the arrest means you could divulge crucial information that the police could use against you in court. Be polite when declining to answer questions from the police because being impolite or rude can also put you in more trouble.

  1. Request Your Attorney’s Presence Before Answering Questions

In criminal cases, you are entitled to legal counsel. You can hire a private defense attorney if you can afford one. However, the court should appoint a public defender if you cannot afford private legal counsel. The problem with public defenders is that they handle multiple cases simultaneously and will not give your case the attention it deserves to increase the chances of a favorable outcome. With a public defender, your chances of winning the case are slim.

Therefore, try your best to find a private legal representative. Even if you do not have the money to hire one, you can visit a few in your locality to find one with flexible payment plans and uncompromised services. Discuss with the attorney a repayment plan that will not put you in financial strain. An experienced private attorney will give your case the attention it deserves, increasing the chances of a favorable outcome.

A private attorney will be present during questioning, and they will guide you in answering the police questions to avoid self-incriminating statements that could be used against you in court. Besides, with the presence of your attorney, police will avoid unlawful interrogation.

  1. Do Not Resist Arrest

Typically, police arrest you when you are committing a crime or after you have been investigated and the authorities obtain sufficient evidence to convince the judge to issue an arrest warrant. If the police come to you with a warrant, do not cause trouble. Follow their instructions and do not resist arrest. If you learn of the warrant early, you can present yourself to the police station. Doing so reduces allegations of resisting arrest, leading to an additional charge.

  1. Collect Evidence

You need solid proof to poke holes in the prosecutor’s evidence. Therefore, you should gather evidence to contest the charges, and if you cannot, speak to your attorney about it. Your attorney will hire a private investigator to conduct an independent investigation and gather new evidence. The attorney will also review the police report to find weaknesses they could exploit in your favor.

  1. Keep Calm

An accusation or criminal charge does not make you guilty of the offense. Just because you face a criminal charge does not mean you will be convicted. Therefore, do not let the arrest upset you because, with the proper representation, you have a fighting chance.

Criminal Charges and Convictions That Can be Expunged

Criminal charges or guilty verdicts appear on your record and could have devastating collateral ramifications. Therefore, expunging or removing these records from public access will give you a clean slate and help you put your past mistakes behind you. An expunction enables you to erase arrest or conviction records so employers and property managers cannot see them, thus preventing discrimination based on the criminal record.

Talk to your attorney about expunging your record to evaluate your case and determine if you are eligible. If you qualify for a petition, do not hesitate to file one.

Once approved, you will enjoy many benefits. The records will no longer be public, so employers will not see the record during background checks, increasing your chances of employment. Offenses eligible for expungement include:

  • Non-convictions
  • Class C misdemeanors
  • Dismissed charges
  • Non-disclosure orders
  • Particular juvenile delinquency acts
  • Deferred adjudications

Felony convictions are ineligible for expunction. Certain misdemeanors can also not be erased from your record. Besides, if your record was previously expunged, you do not qualify for another expungement. Speak to your defense attorney if you believe your case can be expunged. If you are eligible, the attorney will take the necessary steps to complete the expungement process.

Criminal Court Processes

Criminal court procedures differ depending on your charge type. Understanding the steps the case will follow in the criminal justice system helps reduce the anxiety of not knowing what to expect. Also, it enables you to prepare better for the case.

The first hearing after arrest is arraignment. The judge reads your charges and allows you to enter a plea. When you plead not guilty, the case goes to the pretrial stage, where opposing sides discuss evidence and attempt to settle outside court.

If negotiations fail and no agreement is reached, the case proceeds to a jury or bench trial. The judge listens to the case and issues a verdict.

Court processes are complex, and you need someone with experience to win the case. An experienced attorney will help you gather the evidence you need for a fair result. The evidence can be in confessions, eyewitness testimonies, or physical and circumstantial evidence.

Find a Certified and Experienced Criminal Attorney Near Me

When you face criminal charges or allegations, having legal representation from an experienced board-certified attorney can give you peace of mind and increase the chances for a favorable verdict. At Andrew Deegam Criminal Attorney At Law, we understand criminal law in Fort Worth, making us suitable to defend you. Call us at 817-689-7002 with any criminal law questions or for legal representation.