(Law Office of Richard D. Howard - ) Richard D. Howard - Dallas, TX

There is no way to give a general answer to this question. The amount of time is going to vary considerably depending upon the type of case, whether it is in state or federal court, the particular judge, sometimes the particular prosecutor, whether the accused person is in jail or released on bond, the number of involved people, whether the media is placing attention on the case, and the complexity of the case. Each of these factors may cause affect the amount of time it will take to resolve a criminal case.

Importantly, a criminal case frequently "begins" long before the case is actually filed in a court. A law enforcement agency may work on an investigation for a long period of time before the case is filed with the prosecuting authority. If you are alerted to a law enforcement investigation of you or a family member, it is important to seek legal counsel immediately. This is particularly true in situations involving federal investigations.

Furthermore, this isn't a race. Generally, you are not rewarded for quickly resolving a criminal accusation. The goal is to achieve the best result, not a fast result. The outcome of a criminal case is going to be with you for the rest of your life. And, generally, you're only going to get one chance to handle it right. Some criminal cases take a tremendous amount of time to do it right. Each case varies, but even some relatively small cases take time to properly prepare and win.

This raises a difficult situation. You should obviously discuss this thoroughly with your lawyer. You need to review the written fee agreement. Then, you may want to consult with another attorney to obtain a second opinion. You always have the right to fire your lawyer, but this may present significant problems depending on how far along your case has proceeded. It is important to address any dissatisfaction with your attorney as soon as a problem arises. If you wait until the eve of trial, it may be extraordinarily difficult to obtain a satisfactory solution.

I'm interviewing attorneys and one stated he or she could "guarantee" a result if I hired him or her. Should I hire such a lawyer?

You need to be extremely careful dealing with such lawyers. Rarely can someone guarantee a future event. The outcome of a criminal case is a future event like any other. A competent attorney can usually give opinions as to the outcome, but these are no more than professional opinions. Be careful not to mistake an attorney's opinion for a guarantee. If the attorney is truly giving you a guarantee contingent upon hiring the lawyer, ask the attorney to give you the guarantee in writing.

How to Find the Right Attorney:

The best way to find a good lawyer is by reputation. The best approach is often to ask other lawyers in the region: Who is the best in the area? Other lawyers usually have a good answer to that question and may even be able to provide you with several names. Police officers, judges, other defense lawyers, and court staff are also familiar, usually from first-hand observation, with who the best lawyers are. Ask them who would THEY want to retain if arrested or charged with a crime.

Above all else you should attempt to retain an attorney who devotes the vast majority of his or her practice to the defense of criminal cases. No attorney can give you a guarantee on the outcome of your case, however, retaining a firm that specializes in criminal defense can maximize the chances of a successful conclusion. If you do not have a sense of comfort and confidence after meeting with an attorney about your case you should look further.

Attorneys' fees vary, of course, usually depending on the reputation and experience of the lawyer or the law firm and the geographic location in which the lawyer practices. As with most professions, the more well-known and skilled the attorney, the higher the fee. Lawyers or law firms who limit their practice to defending criminal cases will normally charge higher fees than lawyers with a more general practice. Each lawyer has something to offer. For some, it's a low fee or an easy payment plan. For others, it's an exceptional reputation and skills to match. It is rare that you will find both in the same lawyer.

Experienced criminal defense lawyers typically charge an up-front flat fee retainer that will cover all fees up to a certain point, at which time additional fees may be required. Some lawyers require additional fees to litigate pretrial motions. Others require additional fees only in the event of a trial. Beware lawyers who charge a comparatively low flat fee. A guilty plea is often the result.

Costs for such things as an investigator, service of subpoenas, expert witness fees, preparation of photographs, transcripts, and other exhibits, etc., are usually extra.

In any event, you should be clear about what the attorney is going to charge and what work he is going to perform for your particular case, and the attorney should have his agreement with you put in writing.

Possession of Marijuana:

Everyone arrested for Possession of Marijuana stands a good chance of going to jail at the time of arrest. However, in some cases, a person may be released on the scene if it is a small Class "C" misdemeanor possession of drug paraphernalia. Once the case is disposed of at a later date, a jail sentence is a possibility depending on the facts in the case.

Each case is different and many factors are involved concerning what may happen; however, for a typical first time misdemeanor Possession of Marijuana, a jail sentence is not the normal outcome.

If your case is not dismissed and you do not obtain deferred adjudication probation, you may lose your license for 180 days if you are over 21. If you are under 21, you may lose your license for one year.

Yes. Your lawyer may obtain a restricted driver's license that will allow you to drive for twelve hours per day.

Amount		Penalty

Two ounces or less		class "B" Misdemeanor
Two to four ounces		class "A" Misdemeanor
Four ounces to five pounds		State Jail Felony
Five pounds to fifty pounds		Third Degree Felony
50 pounds to 2,000 pounds		Second Degree Felony
2,000 pounds and up		First Degree Felony

The penalty is more severe than for a simple possession. Selling more than one-forth ounce of marijuana is likely to bring you a felony charge.

DWI - Driving While Intoxicated:

No. You should not take the test unless you have not had anything to drink. The machine has been proven to be faulty and has an acceptable rate of error. If the machine is not calibrated correctly, it may measure the alcohol in your breath incorrectly.

If so, you may be providing the police with evidence they can use to convict you. If you tell them that you will not take the test without a lawyer present, they will treat your comment as a refusal and so will the Court. However, this is easier to deal with at the time of trial than a breath test result that is over the legal limit.

If you take the breath test and the machine registers over .08 breath alcohol concentration, DPS will attempt to suspend your license for 90 days for a first DWI arrest.

If you refuse to take the breath test after having been arrested for a DWI, then the DPS will attempt to suspend your license for 180 days.

Of course, you have the right to request an administrative hearing and try to challenge the Driver's license suspension. You must request that hearing within 15 days of your request or you have waived your right to that hearing. If you do not request the hearing within 15 days then your license will automatically be suspended 40 days after you were arrested.

You are required to obtain a restricted driver's license during this suspension period. My law office has obtained hundreds of driver's licenses for clients in this situation. We can normally obtain a license from the Court that allows you to drive for twelve hours per day. You can pick the twelve hours that you want to drive. For example you could drive from 8:00 A.M. to 8:00 P.M., or you split the hours up in just about any manner you choose. These 'Occupational Licenses' can usually be obtained for a client within 48 hours.

In some instances we can obtain a license that allows you to keep a driving log in your car. This log allows the driver to drive when needed as long as the hours do not reach more than twelve hours in any one-calendar day.

After obtaining a restricted driver's license from the Court, there is another step in the process you must understand. Within 30 days of obtaining the Order from the Court, the driver must file his Occupational License with the Department of Public Safety in Austin along with the following documents:

Yes. Our law firm will take care of every step of the occupational driver's license process. We can make it so that all you have to do is give us a copy of your insurance, and choose the hours that you drive. We handle the rest!

Whether or not you go to jail depends upon a variety of factors. Among these are the skill of your attorney, your criminal record, and the individual factors in your case. However, for a typical first time DWI, going to jail is not the normal sentence if convicted.

However, sometimes going to jail for a few days is easier than a lengthy probation.

If you do not succeed on probation, the State can file a motion to revoke your probation, which may result in a longer jail sentence than what you could have obtained before being put on probation.

Each person arrested for DWI has an absolute right to a trial. Many people arrested for DWI end up disputing the DWI allegation. Our law firm would be honored to represent you if you choose to go to trial.

Yes. Each county handles bond and release procedures differently. In some counties you are more likely to need a bondsman, some counties are easier for personal bonds. In Dallas County, it is not common for a lawyer to arrange a personal bond for someone arrested for DWI. It is more common and more efficient to use a bondsman.

If you pay your reinstatement fee, when your suspension period is over, your license will normally go back into effect.

Yes. A person under 21 arrested for DWI will be treated differently mostly in regard to your driver's license. Driver's license restrictions and suspensions are more severe for a person under 21 arrested and convicted of DWI. A person who is under 21 will have a one-year suspension period even if they receive probation for a DWI. Thus, they may need a restricted driver's license for one year.

FAQ'sThe following is not intended to substitute for legal advice.

General Questions about Criminal Cases:

How to Find the Right Attorney:

Possession of Marijuana:

DWI - Driving While Intoxicated: