Criminal Law

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Criminal Law Overview

A crime, as may be explained by Todd White, your Houston criminal defense attorney, is any act or omission of an act in violation of a public law forbidding or commanding it. Although “common law” crimes do exist, most crimes have been established by local, state and federal governments and interpreted by various appellate courts, further defining criminal behavior and proper criminal procedure in the courtroom.

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How a criminal case gets filed

Typically, there is an arrest and a police report that follows. The prosecutor decides based on the report whether to:


  1. File a complaint with the trial court setting forth the charges
  2. Go to Grand Jury, present the evidence there and request to them what criminal charges, if any, should be brought
  3. Opt to decline to pursue the matter


A Harris County criminal defense lawyer understands prosecutors have wide discretion regarding whether or not to file, and also which of many possible crimes a person may be charged with.

The decision to prosecute or not

Cases with similar fact patterns are prosecuted in widely different manners in different jurisdictions, which is a difficult concept for the average citizen to understand. The bottom line is that prosecutors are people that are influenced by such things as:


  1. Political aspirations
  2. Office policies
  3. Their own sense of justice



While it may seem justice would be better served with a more uniform approach, the reality is far different. What may result in a prosecution in one county may not be pursued in another.


The role of a criminal defense lawyer

Whether a crime is prosecuted as a misdemeanor or felony, it must be understood that there are serious consequences upon a plea or conviction of guilt. Fines, incarceration, public service, probation and other penalties are possible.


The first duty of a criminal defense lawyer is to make sure your Constitutional rights are protected. At every stage of the proceeding, different rights attach. Although the reality is that more than 90% of criminal cases do not go to trial, and it is therefore essential for your attorney to be a skilled negotiator as well, it is necessary for your attorney to be prepared to do battle in the courtroom if ultimately required to achieve the best result for you.


Time is of the essence. If you have been charged, or suspect you may soon be charged, you need to act quickly to protect your rights. Todd White, criminal defense lawyer in Houston, Texas, understands the criminal system. Attorney White offers a no-obligation initial consultation.

Common Defenses

As best understood by a Harris County criminal defense lawyer, there are common threads that regularly appear in successful criminal defenses even though each case is unique. The most obvious is (1) the defendant did not commit the crime; but a less often applicable defense is (2) the defendant committed the acts as charged, but should not be held responsible.

The defendant did not commit the crime

Simply, the best defense is to prove you did not do it. Your Houston criminal defense attorney can establish this through various means:


1. Innocent until proven guilty is the fundamental standard of the American justice system. This is why Constitutional and other legal rights, such as remaining silent, pleading the fifth and Miranda issues have been established. The burden is on the prosecutor to prove guilt beyond a reasonable doubt.


2. Beyond a reasonable doubt is a very high standard to achieve. Not only does this standard apply to the overall consideration of guilt or innocence, it applies to each and every element of the case.


3. Alibis demonstrate the defendant could not have committed the crime because he or she was elsewhere, as established by a witness, at the same moment the crime occurred.

The defendant committed the acts, but should not be held responsible

A defendant may in fact admit he or she did the act, but nonetheless was justified in doing so and therefore no crime was committed, due to:


1. Self-defense occurs where someone who was initially the victim becomes the aggressor. The issue for your Houston criminal defense attorney to explain is how the self-defense was reasonably necessary to prevent impending physical harm.


2. Insanity defenses are based upon one of the two fundamental elements of criminal law: a “physical” element, as well as a “mental element,” must be proved for the vast majority of crimes. Should the defendant not have the mental capacity to be able to understand the nature of the act he or she is performing, that defendant may be “legally” insane.


Other defenses are available, such as entrapment or being under the influence. Your case will depend on the specific facts and circumstances. The best chance for a positive resolution is to begin with an understanding of your rights and potential liabilities.Todd White, your Harris county personal injury attorney, offers a no-obligation initial consultation. Call 713-780-1633 for an appointment today.

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