Houston Criminal Defense Attorney

Helping Clients Overcome Criminal Charges with Respect and Compassion

When you’ve been arrested for a crime, you may feel worried about navigating the Texas criminal justice system. The truth is that Houston criminal law is stringent and the criminal justice system can be extremely complex. Your best hope for a positive outcome is to speak with experienced Houston criminal defense lawyers immediately for legal counsel and representation.

Once you’re arrested, police officers immediately start to build a case against you. However, the prosecution must prove you are guilty beyond a reasonable doubt. This process means the onus is on the prosecuting attorney to develop a strong case against you. Working with skilled Houston criminal defense attorneys, you can find holes in the prosecution’s arguments, introducing doubt into their case. We can often negotiate beneficial terms without going to a court of law.

When a case must go to trial, we are prepared to offer aggressive legal representation to get the best outcome possible. Our criminal defense law firm handles state and federal crimes, making us your ideal allies as you confront the Texas legal system. We have nearly two decades of experience helping individuals facing various criminal charges in Southeast Texas, and we will apply that knowledge and expertise on your behalf.

If you or a loved one is facing a criminal investigation in Harris County, please don’t rely on an inexperienced defense attorney. Contact Houston criminal defense law firm immediately for a strong ally in your corner. We offer a free consultation, so you have nothing to lose by reaching out to our criminal defense attorneys today. Call (713) 225-8000 to schedule your case review with our compassionate, capable defense lawyers.

What Do Criminal Defense Lawyers Do?

A Houston criminal defense attorney assists individuals who have been charged with a crime. They help the person navigate the criminal justice system and stand behind them throughout the legal process. With the harsh penalties of many criminal offenses, worrying about your criminal charges is understandable. However, you can get peace of mind and hope for a positive outcome when working with an experienced criminal defense attorney like those at Horak Law.

Some duties a criminal defense lawyer performs include:

Offering legal counsel based on decades of experience
Advising the accused on how to interact with law enforcement officials
Investigating the crime to uncover evidence that backs up the defendant’s story
Negotiating with the prosecution to get criminal charges lowered or dismissed
Protecting the individual’s Constitutional rights
Representing the person in court and defending them before a judge or jury
Helping those wrongfully charged appeal their criminal conviction
Sealing and expunging criminal records when appropriate

Texas criminal law can be complex. If you or a loved one is facing criminal charges in Harris County, you need help from an experienced professional who understands the law and how the system works. At Horak Law, we defend our client’s rights fiercely, working tirelessly to get them the positive outcome they need. Call our Houston criminal defense law firm immediately for excellent counsel and legal representation.

What Is the Process for Legal Proceedings in Houston?

Being placed under arrest can be terrifying. Some people may feel frozen in fear, worrying about what the future will bring. The good news is that you don’t have to confront your legal proceedings alone. With the help of a knowledgeable criminal defense attorney, you can have the hope of getting favorable results for your criminal charges.

Our Houston criminal defense attorneys can help walk you through the criminal law process, including the following major steps:

Initial arrest – If law enforcement officers believe you committed or were connected to a crime, they may place you under arrest. This could occur at the scene of the crime or sometime later.
Criminal charges – According to Texas law, the district attorney’s office, not the police officer, files the charges against you. This may consist of a phone call or a meeting with the prosecutor, who will make the decision of whether or not to file charges.
Preliminary appearance – The person is then taken before a magistrate and told of their criminal charges, which usually takes place within 24 hours of arrest. The accused may be able to avoid further incarceration by paying bail. However, retaining a Houston criminal defense lawyer can help ensure bail is not raised. This process is also known as the arraignment process.
Discovery and evidence gathering – Following the individual’s arraignment, both sides have the opportunity to investigate the events and gather evidence. While the prosecution attempts to prove that you are guilty beyond doubt, your criminal defense attorney will procure evidence to introduce doubt into the prosecutor’s argument.
Pre-trial negotiations – Pre-trial stages are crucial in criminal hearings, as the person’s criminal defense attorney may vote to suppress evidence or reach an agreement with the prosecution. In many cases, the person charged may be able to avoid going to court. However, our Houston criminal defense attorneys are not afraid to take matters before a judge and jury if necessary.
Trial proceedings – Finally, a criminal case could go before a Houston, TX court. At this time, a judge and jury could hear from witnesses and view evidence procured by both the prosecution and criminal defense attorneys. At the end of the hearing, a verdict will be announced.
Appeals – If your rights were violated or if serious mistakes occurred during the trial, such as the use of suppressed evidence, you and your criminal defense attorney can seek an appeal or retrial.

What Potential Penalties Could I Face for a Criminal Conviction in Houston, TX?

One of the primary questions people have when facing criminal defense matters in Texas is what potential penalties they’ll face if they are convicted of a crime. Most people focus on the immediate consequences of a legal penalty, including thousands of dollars in fines and years in prison. Depending on the nature of the crime, your penalties could range from minor to very severe. For example, a federal crime may result in years in prison or even execution.

However, few people recognize the longer-term consequences of a conviction, which go beyond jail time and hefty fines. These consequences may include:

License suspension – While most people think that license suspension or revocation has only to do with driving violations, individuals with certain other crimes could lose their license. For example, drug crimes may result in temporary or permanent driving restrictions. Refusing a breathalyzer test is another way to get your license suspended in the State of Texas.
Loss of gun rights – Having a criminal record may preclude you from being able to purchase or own a gun in Texas.
Deportation and immigration issues – Certain crimes could affect your immigration status. You may lose the ability to renew visas or maintain legal permanent residence status. Some foreigners are deported because of certain criminal convictions.
Employment challenges – It’s no secret that individuals with a criminal record may find it hard to gain employment. What is not widely discussed is that crimes on your record could prevent you from obtaining licensing to enter the profession of your choice, limiting your future and keeping you from living your dreams.
College admission difficulties – You are more likely to be denied by education institutions if you have a criminal record. However, you may also be able to get a second chance offer when working with a skilled criminal defense team.
Housing limitations – Some crimes, such as sex crimes, make getting housing extremely difficult. Additionally, any mark on your criminal record will be seen by potential landlords and could dissuade rental companies from working with you.
Impacts on family relationships – Criminal convictions may also impact your rights as a parent. If you divorce, you could find it difficult or even impossible to gain custody of your children. You can work with family and criminal lawyers, however, to fight for your rights to see and raise your child.

To avoid these and other negative consequences, please consider hiring a skilled criminal defense firm to fight for your charges to be lowered or dismissed. At Horak Law, we will work tirelessly to defeat your charges and protect your freedom.

What Are Harris County Laws Regarding Violent Crimes?

Texas is notorious for holding those responsible for violent crimes accountable. Texas law is stringent against many crimes, most notably those that harm others or property. These crimes are the most likely to impact your future, preventing you from getting the employment you need or enjoying the freedom you deserve. If you are charged with a violent crime, please seek immediate assistance from a trusted criminal attorney like those at Horak Law.

Some violent crimes that result in severe penalties in Harris County include homicide, domestic violence, and robbery.

Homicide

Homicide charges include many types of crimes, including:

First-degree murder – Also known as capital murder, first-degree murder refers to knowingly and intentionally killing someone else. A conviction for first-degree murder may result in life in prison or the death penalty. These charges may be enhanced if the victim was a child or was a justice of the peace performing their duty.
Second-degree murder – Murder in the second degree includes intentionally causing harm that could result in someone else’s death or taking part in a felony offense that resulted in loss of life. Second-degree murder could result in up to 20 years in jail and fines of up to $10,000.
Manslaughter – Recklessly causing the death of another person usually results in manslaughter charges in Texas. A manslaughter conviction may lead to second-degree felony charges, resulting in up to 20 years in prison and $10,000 in fines. Manslaughter is further divided into voluntary and involuntary manslaughter, which may affect the sentencing.
Criminal negligence – Charges for criminal negligence are typically because a person neglected a duty, resulting in someone else’s death. Unlike recklessness, which refers to engaging in dangerous behavior, criminal negligence is defined as not taking precautions or being aware of a danger you should have known about. A criminal negligence conviction might mean up to two years in jail and up to $2,000 in fines.

Domestic Violence Charges

Texas laws regarding domestic violence are guided by the State’s assault laws. However, those who assault members of their household, including dating partners, grandparents, roommates, and other family members, may have enhanced criminal charges. A Houston criminal lawyer can help determine whether your charges involve domestic violence and will help construct a defense that gets you the best results possible, including lowered or dismissed charges.

Some examples of charges that could result in increased penalties in Texas include:

Domestic assault – Violence against another member of the household may include bodily injury, imminent physical harm, and threat of assault. The act or threat may be geared toward a spouse, former spouse, child, adopted child, sibling, grandparent, grandchild, foster child, nanny, roommate, dating partner, parent, or someone with whom you have or have had a romantic relationship. However, self-defense is not subject to criminal charges.
Aggravated domestic assault – Aggravated domestic violence involves factors that enhance the crime and thus result in increased penalties. Some examples include using or brandishing a deadly weapon while committing assault against a person in one of the above categories.
Continuous domestic violence – When a family experiences ongoing violence over a period of at least 12 months, this could constitute continuous violence in Texas. These charges may result in severe penalties, including criminal convictions.

Facing domestic violence charges can be discouraging. We understand that many of these cases are overblown or involve angry ex-spouses who are trying to get their former partners in legal trouble or to gain sole custody of their children. We will work tirelessly to investigate your alleged domestic violence and uncover the truth about what happened. Our Houston criminal defense attorneys will fight fearlessly for you to overcome your criminal charges and have your freedom returned to you.

Robbery Charges in Texas

Robbery charges in Texas are typically considered second-degree felonies, which ranks robbery as one of the most serious charges a person can face. A conviction could result in between two and 20 years in prison and fines of no more than $10,000. Additionally, the charges could be enhanced to a first-degree felony if the person used a deadly weapon or if other aggravating factors are present.

It is essential to understand how robbery is defined because not every theft crime in Texas constitutes robbery. For example, taking money from your workplace is theft and is criminally punishable. However, this type of theft is not robbery. According to the Texas penal code, robbery occurs when someone steals from another person while intentionally threatening or placing a person in fear of imminent injury. As stated previously, using a deadly weapon to commit robbery may result in increased charges and penalties.

With a knowledgeable criminal defense attorney, you can keep your hope alive of defeating your robbery or other violent criminal charges in Harris County. Reach out to our team of criminal defense attorneys for help understanding the nuances of your unique criminal charges. We will listen to your story compassionately and help you construct a defense that gives you the best chance of getting your charges reduced or dismissed.

How Can I Avoid a Violent Crime Conviction?

Facing a violent crime conviction can be terrifying. Some criminal cases, such as sexual assault, murder, and robbery, could result in devastating penalties that bring your whole life to a halt. A conviction could mean more than time in jail and expensive fines. You could experience job loss, expulsion from school, loss of driving privileges, revoked professional licensing, difficulty finding housing, and more.

However, there is still hope when you hire a Houston criminal attorney who is not afraid to fight for you both in and out of court. A skilled criminal lawyer, like those at Horak Law, will understand the nuances of Texas criminal laws and will relentlessly pursue positive results in your violent crime case. Our criminal defense attorneys will work tirelessly to investigate the alleged crime and leave no stone unturned when searching for evidence that backs up your story.

Some defenses we employ to protect our clients’ freedoms and win their cases include:

Mistaken identity – We may be able to prove that you were not the person who committed the crime by providing an alibi for where you were when the crime occurred. We can also rely on further evidence from surveillance footage and eyewitness testimony to back up this strong defense.
Self-defense – In many cases, our client’s actions were because of self-defense. If you were acting to defend yourself or another person, you can avoid a conviction for a violent crime.
Lack of force or threat of force – If we can show that you did not engage in force or threaten anyone, you can have charges for assault or domestic violence wiped clean.
Lack of evidence – The prosecutor bears the burden of proof in a criminal case, which means they must show evidence that you committed the crime. If we can demonstrate that they lack proof or physical evidence of your involvement, you may have your charges dropped.
Violation of Constitutional rights – Each American citizen and legal resident has certain rights that must be protected. Police officers sometimes mistakenly violate those rights, resulting in arrests and investigations that are not legal. We may be able to prove that certain evidence is not admissible, thus weakening the prosecution’s case. If law enforcement officials or trial officers violated your rights, you could have your charges lowered or dismissed.
Acting under force or duress – In some cases, the person committed a criminal act because they were under threat of harm. These individuals may be able to avoid conviction if they prove that they did not act intentionally. Please discuss your case with a Houston criminal defense lawyer for help proving you acted under duress.

Determining which criminal defense to utilize can be complicated and should only occur with the help of a knowledgeable Houston criminal defense attorney. Your criminal lawyer will work tirelessly to uncover evidence that backs up your defense. They will rely on truthfulness and honesty to get you the best results possible in your unique case.

What Theft Charges May I Be Charged Within Harris County?

Theft covers a wide range of crimes according to Houston criminal law. These charges could include shoplifting, embezzlement, fraud, and even bouncing checks. The severity of your penalty usually depends on the value of the stolen property and other critical factors. A Houston criminal defense attorney can help explain your charges and develop a strategy to get you the lowest possible sentencing, ranging from a fine of up to $500 to 99 years in state prison and fines of not more than $10,000.

Some common criminal charges involving theft include:

Shoplifting – If you took an item from a store without paying for it, you could be charged with shoplifting. However, for a conviction, the prosecution will have to show that you intentionally stole the item.
Bouncing checks – Writing a check for more than you have in your bank account is not only inconvenient but could result in legal issues. In Texas, you have ten days to rectify the matter and reimburse the merchant, or you could face criminal charges.
Embezzlement – Taking money from a cash register, transferring corporate funds to a personal account, or using company funds for personal use may result in embezzlement charges. Embezzlement is a white-collar crime that may not include violence or harming someone else but is still extremely serious. Depending on the value of the property stolen, embezzlement can be charged as a felony offense, resulting in years in prison and hundreds of thousands of dollars in fines.
Fraud – Fraud takes place when you misrepresent yourself for personal gain. For example, stealing someone’s credit card, writing a false name on a mortgage, or stealing someone’s identity are all forms of fraud, which is a type of theft.

Theft crimes in Harris County are taken very seriously. If you are charged with theft or other federal crimes, please contact a Houston criminal attorney immediately. Your Houston criminal lawyer can help you answer law enforcement’s questions to avoid accidental self-incrimination. A defense attorney will also conduct their own investigation to uncover evidence that backs up your defense. Call Horak Law immediately for criminal lawyers who will fight aggressively for your best interests.

What Are Texas Drug Laws?

The use of illegal drugs and the misuse of prescription drugs are all serious criminal offenses under Texas law. Unfortunately, many prosecutors want to look tough against drug crimes, sometimes resulting in the punishment and imprisonment of innocent people. If you have been charged with a drug crime in Harris County, you need immediate legal representation from a highly skilled Houston criminal defense lawyer.

Texas classifies drugs according to the potential for addiction and harm. For example, some medications that are readily prescribed by doctors come lower on the scale, while more dangerous drugs have a higher classification. Some examples of lower-penalty drugs include codeine and hydrocodone, which belong to Drug Penalty Group 4. Possession of these drugs may result in misdemeanor charges if the person possesses a small amount, while larger amounts could result in felony charges. On the other hand, heroin, cocaine, meth, and ketamine are part of Drug Penalty Group 1, which comes with the most severe penalties. These drug crimes are almost always charged as a felony.

Depending on the severity of your charges, you could receive penalties of anywhere from 180 days in jail and fines of $2,000 to 99 years in prison and fines of up to $50,000. Please note that certain aggravating factors could result in enhanced charges that increase your penalties. Some examples of aggravating factors in a drug possession case include having large amounts of the drug, having drug paraphernalia in addition to illegal drugs, using drugs in a drug-free zone like a school, and possessing a deadly weapon.

A Houston criminal attorney will know how to fight your drug case and protect your freedom. Call our law firm immediately for answers to your questions and help defeating your drug charges.

What Should I Do if I’ve Been Arrested for DUI?

Being arrested for DUI in Harris County can be embarrassing and scary. You may worry that you’ll lose your license and the ability to get to school, work, doctor’s appointments, and more. You might also wonder whether your future insurance charges will increase because of the charges brought against you. While a DWI in Texas can be a frightening ordeal, you don’t have to go through this alone.

Please remember to remain calm and cooperate with the arresting officer. Fighting the arrest can backfire and lead to additional charges. You should also comply with breathalyzer tests since your driver’s license means you’ve given implied consent to use chemical testing for alcohol. If you refuse the testing, you could face license suspension.

However, you should also keep in mind that you have certain Constitutional rights that must be respected. For example, law enforcement officers should not perform arbitrary traffic stops without suspecting drunk driving. You also have the right to remain silent and not answer any questions without first speaking with Houston criminal attorneys like those at Horak Law.

When you contact your DWI lawyer, they will ensure that the arresting officer does not violate your rights. If the officer made a mistake during the arrest, you could potentially get your charges lowered or dropped entirely. A lawyer can also coach you on responding to questions during the interview so you don’t incriminate yourself. Call the law offices of Horak Law right away to learn more about how we can protect your freedoms and get you the best results possible in your DWI case.

Should You Hire Our Houston Criminal Defense Lawyer?

If you have been arrested or implicated in a crime, you should not wait a second more to contact a criminal attorney to fight on your side. The prosecution begins acting immediately to build a case against you, and you deserve to have a professional working on your behalf. When you call Horak Law, we will work tirelessly to investigate the alleged crime. We promise to leave no stone uncovered as we seek the truth about what happened.

Unlike other criminal defense firms, we are not afraid to fight for our clients. We dedicate all of our time and energy to getting positive outcomes in the most challenging legal cases. Our proven track record testifies to our abilities and dedication. We have decades of experience helping clients defeat criminal charges and recover their lives. You are a valued individual who deserves to have our legal team work for you.

When you are facing a criminal charge, you have too much at stake to go it alone or use an inexperienced attorney. A conviction could impact untold aspects of your life for years to come, including employment opportunities, housing, immigration status, social life, professional licensing, driving privileges, family relationships, and more. Please don’t risk it. Hire the skilled criminal attorneys at Horak Law who will stand behind you and get the best results possible.

Call (713) 225-8000 today to learn more about how we can help in a free, confidential consultation. We have conveniently located offices in The Woodlands and Houston, TX, and we serve clients in many of the surrounding communities. Call now for your free consultation!