This morning we had a former potential client give us a call. He had literally just walked out of a local North Tarrant County city courtroom. Here is his story:

He had received a speeding ticket a few weeks earlier. When he got the ticket/citation, he had called us and we gave him our free consultation to make him aware of his options. He was satisfied with the information and when we offered to represent him he said he knew we would do a good job (Our Law Firm always does a great job) but told us he was a “smooth-talker” and would get it done himself.

He now regrets that decision.

He had called because when he got to the small city courthouse this morning, the clerk refused to answer any of his questions. When he entered the courtroom he was surrounded by twenty other people, was a bit intimated and had no idea what was about to happen next. He had pulled out his cell phone to Google what would be his next step and was immediately told to put his phone away by the bailiff. Intimidated, he sat there and watched the judge call up people. He noticed that the judge was asking a lot of questions and was not answering any questions. After waiting 50 minutes, he got up and went back outside to the clerk. He told the clerk he would pay the ticket and just entered a plea of guilty; he wanted to get out of there.

He then called us to see if there was anything else we could for him. He wanted to see if we could negotiate the fine lower and get some of his money back. But at this point he had already plead guilty and paid the outrageous fine so there was not much else we could do. He was frustrated and filled with regret. We asked if we could share the story and he readily agreed because he wanted people to “learn from his mistake.” His mistake is that he did not have his own lawyer watching out for him–do not make the same mistake.

This story brought to mind a few good points:

Point 1: Once a person goes to court and enters a plea of guilty on a speeding ticket, without filing a formal appeal, there is not much else we can do. It is important you hire a criminal defense attorney before you go to court.

Point 2: Most likely, if you pay a criminal defense attorney their small fee, you will come out paying less in the long run. In the story above, if he had paid our small fee, we would have gotten his ticket dismissed or at least negotiated on his behalf with the court for lower fee and he would have ended up paying less.

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If you are facing a DWI or have recently got arrested for a public intoxication case here are some simple tips you should know.

1. You have the right to speak with an attorney.

Most people know this but few understand how important this is for you. You can speak to a lawyer of your choosing and one you want to hire; you do not have to go with a court-appointed attorney.

2. Do not try and talk you way out of the charge.

Most people think they can outsmart the prosecutor without the help of an attorney; you cannot. Trying to “talk your way out” will only make things worse.

3. Everything you say to a prosecutor can be used against you.

You may not realize but something you tell a prosecutor may seriously hurt your case. One small lie or one slip of the tongue could mean a conviction.

4. The effects of this arrest or ticket can and usually do last a lifetime.

There is nothing you can do take back what happened but you can take steps to limit how many problems it will cause in the future. The first step is speaking with a criminal defense attorney and find out what rights you have.

5. Google does not have a law degree or experience with Tarrant County, Texas courts but we do.

Most people think they can Google a question, read an article and handle any legal problem. Usually that does not work. Every court has its own local rules and has a certain way of doing things. Not to mention, laws vary from city to city and state to state. Do not trust your case to a free Internet search. Contact us here in Arlington, Texas and we can help.

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Texas Senate Bill 1611 (AKA the Michael Morton Act) became law – a law that promises to aid criminal defense attorneys and defendants in averting wrongful convictions before they happen.

Development of this legislation was prompted largely by the now-infamous wrongful conviction of Michael Morton, who served almost 25 years behind bars after being given a life sentence in 1987 for the murder of his wife – a conviction that likely would never have happened had the prosecutor in the case not withheld potentially exonerating evidence from defense counsel during the trial.

Under this new law, Texas district and county attorneys are required to be more open in sharing their files – hence, averting scenarios such as that which contributed to Morton’s conviction. Now defense counsel will have much more immediate and open access to prosecutors’ files – no longer having to solely rely upon disclosure or cooperation from prosecutors themselves.

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