A criminal conviction can lead to serious penalties such as jail or prison time, probation, fines, community service, and mandatory treatment programs. Beyond these punishments, collateral consequences can include a permanent criminal record, loss of employment opportunities, difficulty securing housing, loss of professional licenses, and restrictions on voting or owning firearms.
However, there may be signs your case can be dismissed, such as weak evidence, an illegal search or arrest, or a key witness refusing to testify. If the prosecution cannot prove the charge(s) against you beyond a reasonable doubt, dismissal is possible.
A skilled Fort Worth criminal defense lawyer can pursue a dismissal by challenging the legality of the evidence, identifying violations of your constitutional rights, and filing motions to suppress evidence or dismiss charges. They can also negotiate with the prosecutor for a favorable resolution. An experienced lawyer improves your chances of avoiding a conviction and protecting your future.
Common Types of Criminal Charges
Criminal charges can cover a wide range of offenses, each with different consequences and legal requirements. Choose a Criminal Defense Lawyer who understands the system. Some of the most common types of criminal charges include assault, theft, drug offenses, DWI/DUI, and domestic violence.
Assault is a criminal charge that involves intentionally causing physical harm or the threat of harm to another person. There are different degrees of assault depending on the severity of the injury or whether a weapon was used. For example, simple assault might involve minor injuries or threats, while aggravated assault includes serious injuries or the use of a deadly weapon. To convict someone of assault, a prosecutor must prove that the defendant intentionally caused harm or threatened to do so and that the victim did not consent to this behavior.
Theft refers to taking someone else’s property without permission, with the intent to permanently deprive the owner of it. Theft can include shoplifting, burglary, robbery, or embezzlement. The severity of the charge depends on the value of the stolen property and the circumstances involved. For example, burglary involves unlawfully entering a building to commit theft or another crime. To secure a conviction, the prosecutor must prove that the defendant knowingly took or used property that did not belong to them and that they intended to keep it.
Drug offenses involve the possession, sale, or manufacture of illegal substances. Charges can range from simple possession of small amounts to large-scale drug trafficking. Prosecutors must prove that the defendant knowingly had illegal drugs in their possession or was involved in illegal drug activities. Sometimes, mere presence near drugs isn’t enough for a conviction; the prosecutor has to show clear evidence that the defendant controlled or intended to distribute the drugs.
DWI/DUI charges arise when a person is caught driving under the influence of alcohol or drugs. These laws are strict because impaired driving puts everyone on the road at risk. To convict someone of DWI (Driving While Intoxicated) or DUI (Driving Under the Influence), the prosecutor must prove that the defendant was operating a vehicle while impaired by alcohol or drugs. This often involves breathalyzer or blood test results, field sobriety tests, and witness testimony.
Domestic violence charges involve violence or threats of violence between people who have a close relationship, such as spouses, partners, or family members. Domestic violence can include physical abuse, emotional abuse, or stalking. To convict someone of a domestic violence crime, the prosecutor must prove that the defendant intentionally caused harm or threatened harm to a family or household member and that the victim was in a close relationship with the defendant.
IIn all of these cases, a prosecutor must meet a high legal standard called “beyond a reasonable doubt.” What Does a Criminal Defense Lawyer Do to challenge that standard? This means the evidence must be strong enough that there is no reasonable doubt about the defendant’s guilt. If there is any reasonable doubt, the defendant should be found not guilty. This high standard is a core principle of the criminal justice system to protect individuals from wrongful conviction.
Potential Penalties and Collateral Consequences of a Conviction
If you are convicted of criminal charges such as assault, theft, drug offenses, DWI/DUI, or domestic violence, you can face serious penalties and collateral consequences that affect many parts of your life. The legal punishments vary depending on the crime’s severity, but beyond jail time or fines, there are long-term effects that can impact your future.
Penalties are the direct punishments handed down by the court if you are found guilty. How Serious Are the Penalties will depend on the specifics of your case. These often include jail or prison time, probation, fines, community service, and mandatory counseling or treatment programs. The length of jail or prison sentences depends on the seriousness of the offense and whether it is classified as a misdemeanor or felony. For example, a simple assault charge might result in a short jail sentence or probation, while aggravated assault can mean several years in prison. Theft penalties vary depending on the value of stolen property — minor thefts may lead to fines and probation, while large-scale thefts or burglary often carry prison time.
For drug offenses, penalties also depend on the amount and type of drugs involved. Possession of small amounts may lead to probation, drug education classes, or short jail stays. However, trafficking or manufacturing drugs can result in long prison sentences and heavy fines. Many courts require offenders to complete drug treatment programs as part of their sentence to reduce the chance of reoffending.
DWI or DUI convictions come with penalties designed to discourage impaired driving and protect public safety. These often include license suspension or revocation, fines, mandatory attendance at alcohol education or treatment programs, probation, and jail time. Repeat offenses lead to harsher punishments, such as longer license suspensions or longer jail stays.
Domestic violence convictions usually bring serious penalties because they involve harm to someone close to the offender. Penalties can include jail time, protective orders that restrict contact with the victim, mandatory counseling, and probation. Courts often require offenders to attend anger management or domestic violence intervention programs.
Beyond these direct penalties, there are collateral consequences — additional legal and social effects that continue after your sentence ends. One of the biggest collateral consequences is a criminal record, which can make it difficult to find a job, rent an apartment, or get loans. Many employers conduct background checks and may hesitate to hire someone with a criminal conviction.
A conviction can also affect your rights, such as the right to vote, possess firearms, or serve on a jury, depending on the laws in your state. For example, felony convictions often result in the loss of gun ownership rights.
Certain professional licenses or certifications may be suspended or revoked if you have a criminal conviction, which can limit your career options in fields like healthcare, education, or law enforcement.
What are Some Signs that Your Criminal Case May Be Dismissed?
When facing criminal charges, it’s natural to want to know if your case might be dismissed. Can I Clear my Criminal Record is also an important question as you plan for the future. While not every case will be thrown out, there are certain signs and legal defenses that can increase the chances of your case being dismissed or your charges reduced.
One major sign that your criminal case may be dismissed is a lack of evidence. Prosecutors have the burden to prove beyond a reasonable doubt that you committed the crime. If the evidence is weak, inconsistent, or unreliable, the judge or prosecutor might decide that there is not enough proof to continue with the case. For example, if key witnesses contradict themselves, if there is no physical evidence linking you to the crime, or if surveillance footage doesn’t support the accusation, these weaknesses can lead to dismissal.
Another common reason for dismissal is illegal search and seizure. Under the Fourth Amendment, law enforcement must follow strict rules when searching your home, car, or person. If the police searched you or your property without a valid warrant or probable cause, any evidence obtained during that search may be excluded from the case. This is called the “exclusionary rule.” Without that evidence, the prosecutor’s case may fall apart, leading to dismissal.
Improper arrest procedures can also be a reason for dismissal. If the police failed to follow proper arrest protocols—such as not informing you of your rights (Miranda warning) or arresting you without probable cause—your Fort Worth criminal defense lawyer may argue that your rights were violated. This can sometimes result in the case being dismissed.
In some cases, lack of jurisdiction or errors in the charging documents can be grounds for dismissal. For example, if the crime allegedly occurred outside the court’s jurisdiction or if the charges were filed incorrectly or with mistakes, the case may be thrown out.
There are also defenses you can raise depending on your specific charges. For instance:
- For assault charges, you may successfully argue self-defense if you can show you were protecting yourself from immediate harm.
- In theft cases, a defense may be that you had permission to take the property or that there was a mistake about ownership.
- For drug offenses, a common defense is that you did not knowingly possess the drugs or that the drugs were planted.
- If you are charged with DWI/DUI, challenging the accuracy of breathalyzer or blood tests, or showing that the police did not have legal grounds to stop or arrest you, can lead to a dismissal.
- In domestic violence cases, you may argue that the alleged incident did not happen as described or that there was a false accusation.
Another important factor that can lead to dismissal is witness unavailability or refusal to testify. If key witnesses refuse to cooperate or appear in court, the prosecution may struggle to prove their case.
Lastly, some cases are dismissed as part of a plea deal or negotiation where the prosecutor agrees to drop charges in exchange for other conditions.
If you notice these signs or have strong defenses, it’s vital to work closely with a Fort Worth criminal defense lawyer. They can investigate your case, challenge improper procedures, gather evidence in your favor, and fight for dismissal or reduced charges. Remember, every case is different, and a skilled defense attorney is your best resource to understand your chances and protect your rights.
How Can an Experienced Criminal Defense Lawyer Pursue a Dismissal of Your Case?
A skilled criminal defense attorney plays a critical role in pursuing a dismissal of your criminal case. Why Do I Need a Lawyer? When you are charged with a crime, the stakes are high, and having a lawyer who understands the law and court procedures can make a huge difference in the outcome. There are several strategies that a good defense lawyer can use to get your case dismissed or, at the very least, reduce the charges against you.
- One of the first ways a defense attorney works toward dismissal is by thoroughly investigating the facts of your case. This includes reviewing police reports, talking to witnesses, and examining any evidence the prosecution has gathered. Sometimes, the investigation uncovers mistakes or inconsistencies in the prosecution’s case that can be used to argue for a dismissal.
- A defense lawyer will also challenge illegal searches and seizures. If the police collected evidence without a proper warrant or probable cause, that evidence may be excluded. A defense attorney can file a motion to suppress this evidence, and if the judge agrees, the case can be dismissed because the prosecution no longer has enough proof to continue.
- Another important strategy is to question whether your rights were violated during arrest or questioning. If the police did not give you a Miranda warning before interrogation, or if they arrested you without probable cause, your lawyer can argue that the case should be dismissed based on these violations. Courts take these rights seriously, and protecting them can lead to dismissal.
- Sometimes, a defense attorney finds that the charges are legally flawed. For instance, the charges might be filed in the wrong court or based on incorrect or incomplete information. Your lawyer can file motions to dismiss on these procedural grounds, which can end the case early.
- In cases like assault or theft, the defense attorney might argue justification or lack of criminal intent. For example, showing that you acted in self-defense or that you had permission to take property can lead the prosecutor to drop charges. Your lawyer can present this evidence clearly to the court or negotiate with the prosecutor to dismiss the case.
- If witnesses are unreliable, unavailable, or unwilling to testify, your attorney can point this out to weaken the prosecution’s case. Without strong witness testimony, prosecutors often reconsider whether to pursue charges.
- Additionally, an experienced attorney can negotiate with the prosecutor. Sometimes, they might reach a plea agreement that involves the dismissal of some or all charges in exchange for conditions such as community service or counseling. This can be a way to avoid a trial and serious penalties.
Speak to a Knowledgeable Criminal Defense Lawyer Right Away
If you are currently facing one or more criminal charges, it’s important that you have a skilled Fort Worth criminal defense lawyer advocating for you. Your attorney can discuss possible legal defenses with you, represent you during court proceedings, and pursue a complete dismissal of your case – or a favorable plea deal with the state prosecutor.
About The Author:
Brandon Fulgham has an in-depth understanding of both Texas law and Texans themselves. Before practicing law here, he received his undergraduate degree from TCU and his law degree from South Texas College of Law in Houston. After graduation, he worked in District Attorneys’ offices as a prosecutor. Now, he uses that knowledge to anticipate opposing counsel’s arguments and protect the rights of people in and around Fort Worth. His work has been recognized by Expertise (Best Criminal Defense Lawyers in Forth Worth and Best DUI Lawyers in Fort Worth, both 2020), Fort Worth Magazine, and The National Trial Lawyers, just to name a few.
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