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One of the most frequent “9-1-1” type of phone
calls/e-mails I receive is from someone needing the services of a criminal
attorney…and needing them fast.
Getting into any sort of
trouble is as predictable as a water heater blowing up over a three-day
weekend. Needing a criminal attorney is never convenient, but knowing who to
call and what questions to ask is just as important as having the name of
plumber or auto mechanic you can trust.
Longtime Dallas attorney
Jim Moore of the firm
Moore, Gunter & Barrett played a round of Q&A and gave some surprising
answers to what I thought were some atypical questions: |
Question #1:
Why do I need a lawyer? Why can’t I just represent myself?
Answer #1:
You can’t afford not to. No judge will allow you (a non attorney)
to represent yourself. There are just too many pitfalls, too many landmines.
Too many ways that you can hurt yourself. Too many legal issues that will trip
you up and could haunt you for years to come.
Legally, you have the right
to represent yourself, but you set yourself up for too many legal heartaches.
Question #2:
What are the consequences of having a criminal record?
Answer #2:
The consequences of having a criminal record are infinite. First and foremost,
your personal freedoms and rights as a citizen are at risk. A criminal
conviction will affect your ability to seek gainful employment, ability to
drive, ability to find housing, voting rights, ability to sit as a juror,
ability to travel freely, entrance into institutions of higher learning,
ownership of firearms, even the right to be with your children unsupervised. In
some cases involving sexual allegations, you may be forced to register as a sex
offender for life. A criminal conviction will cost you personally and
financially. The financial burden of a criminal conviction will be tremendous
and long lasting. Finally, a criminal conviction can affect your personal
relationships with friends and loved ones, the effect of which can be
psychologically devastating.
My job as your attorney is
to protect your rights, to look after your best interests, and to help get you
through a system that is already stacked against you.
Question #3:
Why can’t I just take the “deal” they’re offering me and save the dough?
What’s wrong with probation? At least I am not in jail…
Answer #3:
One should never just take the “deal”. Often there isn’t much of a
“deal” to speak of. However, to speak of probation first may be putting the
cart before the horse. There is too much at stake to rush into any decisions
about how to dispose of a criminal allegation. It is vital to carefully review
all facets of an allegation prior to formulating a plan to resolve the case. Of
course, if you are not guilty the ideal disposition would be a dismissal or an
acquittal. In many instances probation may be in the best interest of the
client, however, it is important to let your attorney do their job and make sure
all your needs are addressed.
Question #4:
What are my options if I am arrested? What can I expect from the prosecutor?
Answer #4:
If arrested your options will be limited. Most importantly you have the right
to remain silent. You have a right to an attorney, who can advise you on how
best to proceed. You have a right to a reasonable bail set.
Best case scenarios if
accused of a crime:
1. If it involves a felony
allegation one can be no billed by the grand jury.
2. The particular law
enforcement agency involved decides, after investigation, not to file a case.
3. Trial by Jury or Trial
by Court and you are acquitted.
4. If entering into a plea
agreement for probation, you are granted deferred adjudication, thus preserving
your ability to file a petition for non-disclosure.
Question #5:
So I can have my criminal record erased?
| Answer #5: |
Right to expunction: (Generally) |
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If acquitted at trial
Convicted and subsequently pardoned
No Billed by Grand Jury |
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Petition for Non-Disclosure (If
Eligible)
Most misdemeanors
immediately upon successful discharge from probation
Some misdemeanors have a 5 year waiting period
Felonies after a 10 year
waiting period. |
Question #6: So what
make Moore, Gunter & Barrett different from other law firms? What sets you
apart?
Answer #6: “We
really care about our clients. We get personal and figure out what caused the
problem in the first place, and help them to determine whether this could be an
ongoing problem and get you the help needed to fix the situation. Or, if it is
just an isolated incident, then we work with the client to make sure they get
the least amount of long-short term negative impact as a result of the event.”
“Without question, we always go the extra mile
for our clients. We’re hand holders, we walk them through the entire process
and help them re-build their self respect-get back their peace of mind and feel
good about themselves again.”
Question #7: What kind
of offenses does your firm handle?
Answer #7: “We
handle all types of offenses in both state and federal court, however we to not
handle speeding tickets, red light tickets or other minor traffic violations.”
Wanna know more?
Meet the attorneys of Moore, Gunter & Barrett up close and personal, right here,
on-line, right now, 24 hours a day/7 days a week access always
guaranteed.....click here.
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