Personal Injury FAQ
What is my case worth?
The value of a case cannot be determined until all the medical evidence and bills are collected. Also, often times the case value is determined by the extent of liability and damages caused by the negligent party, and the amount of coverage the insurance provides.
What are the steps of a personal injury case?
Initial Intake Interview
During this interview we will gather all the pertinent information to your case. The facts and circumstances will be described, along with all witnesses and relevant parties involved. Insurance, police reports, photos, statements, videos, and any other relevant evidence will be gathered and preserved.
Medical treatment will be given to any injured parties involved and will be guided by the medical professionals involved in your case. Once treatment is finished and records are collected, negotiations will begin with the opposing party.
If a lawsuit needs to be filed because an agreement could not be reached in the pre-litigation phase, then one will be drafted and filed. Discovery and potentially depositions will be done in an attempt to resolve the case. The case could be settled after filing suit, after depositions or anytime throughout. Usually a trial deadline encourages parties to settle if they cannot after depositions have been done.
Criminal Law FAQ
What are the different type of crimes and what punishment range am I facing?
Felony Crimes & Punishment
Texas has a deserved reputation for being tough on felons. These punishments will follow you and your family for the rest of your life. This is why you need to get the best attorney that you can find.
- Capital Felonies: Life in prison or death by lethal injection.
- 1st Degree Felonies: Punishable from 5 to 99 years in prison, up to $10,000 in fines and/or possible adult probation.
- 2nd Degree Felonies: Punishable from 2 to 20 years in prison, up to $10,000 in fines and/or possible adult probation.
- 3rd Degree Felonies: Punishable from 2 to 10 years in prison, up to $10,000 in fines and/or possible adult probation.
- State Jail Felonies: Punishable from 180 days to 2 years in a Texas State Jail with no parole and up to $10,000 in fines and/or possible adult probation.
Some examples of Felony crimes include: Murder, Burglary of a Habitation, Aggravated Assault, Kidnapping, Robbery, Intoxication Manslaughter, Arson, Fraud, Injury to a Child, Tampering with a Witness, Possession of Cocaine, Heroin, etc, Theft over $1,500, 3rd Burglary of a Vehicle, 3rd DWI, 4th Prostitution charge among many others.
Misdemeanor Crimes & Punishment
In Texas Misdemeanors are classified by their severity.
- Class A: Punishable from 0 days to 1 year in prison and a fine up to $4,000.
- Class B: Punishable from 0 – 180 days in prison and a fine up to $2,000.
- Class C: Defendants do not face any prison time and can be fined up to $500.
Some examples of Misdemeanor crimes include: Assault and Assault Family Violence, Simple drug possession, Shoplifting small items, Trespassing, Public Intoxication, First or Second charge of DWI.
What are the steps of the process to resolve my case?
The first time you appear in court will be at your preliminary arraignment. The charges against you will be read at that time. This will establish probable cause for your arrest, the charges, and will protect you from unlawful detention. The date for the next step in the process, the formal arraignment, will be scheduled.
At the time of your formal arraignment, when you enter your plea, you will probably see the police reports covering your arrest.
If it is the first time you have been charged, and the crime committed is eligible, you can be qualified for Pre-Trial Diversion or PTD. If applicable, your lawyer will help you apply for PTD at this point by negotiating with the prosecutor.
PTD is a diversionary program. After completing the program successfully, your charges will be dismissed and can be expunged from your record.
After your formal arraignment has been completed your pre-trial conference is the next stage. In most counties the pre-trial conference is an opportunity for issues to be resolved before a trial is held. At this time, your attorney can make discovery requests and will gather all the evidence in the case against you. Your lawyer may also use this time to negotiate the best possible plea bargain with the prosecutor.
If your case hasn’t been resolved either through a plea deal or by you entering PTD, a trial is the next step in the process. Throughout the case, if applicable, motions to suppress evidence or other hearings may be scheduled. The results of the trial will determine whether you are innocent or guilty of the crime. After the jury delivers its verdict and announces it in court, the judge or jury will sentence you if you were found guilty.
How long will it take to resolve my case?
It varies from case to case. As the overview was laid out above, your case could be settled towards the beginning of the process or need to go to trial. Depending on the evidence against you and the type of case it could take anywhere from a few weeks to a few years.