THINGS YOU SHOULD KNOW ABOUT MISDEMEANOR CASES



1. Misdemeanors are serious cases. People often say to us: "Oh, it's just a misdemeanor case." In Texas, however, all the word "misdemeanor" means is that it is an offense for which you cannot go to prison. A misdemeanor case can still result in substantial county jail time, suspension of driver's license, and, for many people, loss of employment. Misdemeanor cases are often just as complex and sometimes require just as much legal skill and preparation as any felony case.

2. Even if you believe you are guilty, you can still plead "not guilty." By law, you are presumed to be innocent. The government has to prove guilt. You can always change your plea to "guilty" later if you decide to accept a plea bargain offer. We usually enter "not guilty" pleas for our clients until we have a chance to review their cases. 3. You can be found guilty when you enter a "no contest" plea. "No contest" simply means that you won't contest the government's case. A court is still entitled to find you guilty on a "no contest" plea.

4. A judge can't order you to bring money to court unless you have been convicted or enter a "guilty" or "no contest" plea. Being ordered to pay money in a criminal case is a form of punishment. You can't be punished unless you have been convicted or have given up your presumption of innocence.

5. You aren't going in front of Judge Judy ... You don't get to just "tell your case to the judge". Judges aren't allowed to receive testimony unless your case is being tried or a formal hearing is being held. If you give testimony, what you are able to say may be restricted by the rules of evidence.

6. A court or a prosecutor is not allowed to hold it against you if you say you want to talk to a lawyer. The right to counsel is fundamental. No one in the court system is allowed to threaten you or coerce you into giving it up.

7. Most of the time, it's not to your advantage to "just get the case over with." The government can always change its position about a case, as well as what it offers in terms of punishment. The first offer is not always the best offer, and just because a case is filed does not mean that it cannot be dismissed.

8. There are sometimes serious consequences to entering a guilty plea that a judge is not required to tell you. Did you know, for instance, that might have your driver's license suspended for a Possession of Marijuana conviction, even if you weren't driving a car when arrested? And that a Texas court is not legally required to warn you of this fact when you enter a guilty plea? Your lawyer should advise you of all the consequences of a plea.

9. You might have a defense and not realize it. Did you know, for example, that blowing over the legal limit in a DWI case does not automatically mean that you will be found guilty? That if you are arrested for Unlawfully Carrying a Weapon, you might have a defense for being a "traveler"? One of the things your lawyer should do for you is review your case for potential defenses.

10. Even if you have never been in trouble before, expect to be treated like a criminal. The majority of people we have represented had no prior criminal history before being arrested. But they did have jobs, family, and people who cared about them. Although a prosecutor or a court can take your lack of criminal history into consideration, just because you are a "good" person doesn't make your case go away.