Indictment

Typically, there is an arrest by an arresting officer and a formal police report is filed. A prosecutor will review the police report and circumstances, if this was not already done at the time of the arrest, and a decision will be made whether or not to bring formal charges of a crime. When this question is brought before a grand jury, and charges are filed, it is called an indictment.

It should be noted that prosecutors have a lot of discretion in deciding whether or not to pursue charges. Other factors affecting this decision could include the policies of the prosecutorial office, notoriety of the case, and the individual prosecutor’s personal feelings regarding the case and the circumstances. It is critical to have a voice representing you during this critical process before charges have been formally brought against you.

Houston Criminal Defense Lawyer

It is important to understand, at this point in the criminal proceedings, you are often seen as nothing more than a name and number on a page, coinciding with a particular criminal act. It is the job of the best Houston criminal defense lawyer, to put a face to that name, to enlighten the prosecutor regarding the critical circumstances leading up to the alleged crime. Details matter, and timing is everything.

Prosecutors are people too, and a good local defense lawyer armed with your side of the story, your truth, can possibly stop this process before it gains momentum.

You’ve been arrested! Be Smart! Get the best defense lawyer working hard on your case. Most local attorneys will talk to you about your situation for free, so don’t delay.

Mike Kohler, JD RN

The post Charged With A Crime? appeared first on Defense Lawyer.

A person in Texas with a first time charge of DWI faces up to 180 days in jail, and a fine up to $2,000, or possibly both.  There is also driver’s license suspension which will require a reactivation sur-charges of up to $1000 to $2000 over a period of three years.  Add in increased insurance costs, a breath-ignition device, court costs, supervisory costs, lab costs, and so on.  Additionally, the upfront real costs do not even take into account the long term and costly impact that could affect your career, relationships, and social standing.  When I am asked by a client the exact cost of fees, fines, and sur-charges they can expect from being charged with a DWI in Texas, I give them a cost range, which is sometimes a best guess.  It may seem crazy, but no two DWI’s are exactly alike, and no two judges enforce the laws exactly the same manner.  The only fact that is absolute, it will be expensive, especially if you do not properly defend yourself. 

You Can’t Afford “Not” Hiring A DWI Defense Attorney In Texas

Clients will often say that they are unsure about hiring a DWI defense attorney in the face of looming DWI fines and fees.  How could they afford to hire a defense attorney, right? The truth is, they cannot afford not to.  A qualified DWI defense attorney is often worth their weight in gold when it comes to management and resolution of a DWI charge in Texas.  Unless defending criminal charges is your business, you will be greatly benefited by a resourceful guide and diligent defender.  Your defense attorney is both.

It is true that Houston defense attorneys do not work for free, but cost should really be the last thing on your mind right now.  It’s time to circle the wagons and do whatever is necessary to overcome this personal challenge.  I have never heard anyone say that they wish they had handled their DWI charges on their own, instead of hiring a qualified DWI defense attorney.  It doesn’t happen.  More often than not, there is relief and gratitude when a criminal DWI charge has been eliminated or greatly reduced, at whatever cost.  Defense Attorneys take great pride in what they do, especially when they are told by their clients, “that their money was well spent.”

If you have further questions in regards to your DWI case in Texas contact Mike Kohler who cares about your freedom and your future. Email him directly for a free case review. Alternatively, you can visit the Texas DPS website to learn more about DWI laws and how they affect you.

Mike Kohler, JD RN

The post First Time DWI In Texas? Don’t Let The Misdemeanor Fool You! appeared first on Defense Lawyer.

Criminal Defense Lawyer

The best criminal defense is a good offense, starting with an experienced Houston criminal lawyer from the moment you are aware you have a problem.  It also is helpful to look closer at the significant reasons why this is true.  To do so, we can examine briefly the major steps in the process of a prosecution in Houston.

First, let’s assume we are working with Houston Police or Texas State Troopers who are often trying to solve a real problem in real time.  They enforce the laws with the understanding that Houston lawyers from both sides, a judge, and possibly a jury, will have more time to review the facts and the entire situation, and hopefully come to the absolute correct conclusions.  An officer, working a beat in Oak Forest or an extra job in Houston Heights, does not have those luxuries at 2:00 AM out on a random crime scene.  A problem must be resolved and a decision must be made, based solely on the facts at hand.  This sometimes leads to an arrest.

Houston Criminal “In-Justice” System

Second, prosecutors prosecute.  This is what they are trained to do, and they are good at it.  Understanding that there are many files (DWI cases, Domestic Violence, Felony and Misdemeanor Crimes) on the desks of most prosecutors, and that most represent potentially bad people who have been accused of bad things.  So too, must everyone reasonably look like a criminal when they’re brought up on charges.

The old adage applies, that when you are a hammer, everything looks like a nail.  Add that to nearly limitless prosecutorial resources, and it becomes easy to see the sizable challenge you could be facing.

Equalize The Houston Criminal Justice System

A jury of one’s peers is the great equalizer, and the superseding brilliance of our Houston Criminal Justice System.  Ideally, you will have a sincere and un-jaded group of citizens sitting in judgment over you.  Hopefully, they do their job, listen carefully, consider the evidence, and determine the facts of the case based on the circumstances.  This is where your Houston Criminal Lawyer can defend you and has his or her opportunity to make strides on your behalf.  

An idealized, yet imperfect system, is made more effective and credible when both sides of a story are heard and considered by a jury of informed citizens.  Your Houston Criminal Defense Lawyer, Mike Kohler, can make this happen, thereby balancing the scales, and ensuring you have a voice.

Mike Kohler, JD RN

The post Houston Criminal Lawyer Vs. Houston Criminal “In-Justice” System appeared first on Defense Lawyer.

Then the justifications start. I’m a nice person. I didn’t do this. I will just go into the court and tell the prosecutor my side of the story and they will understand. And if they don’t, I’ll go before the Judge. It’s the Judges job to understand, right? Then there is outright delusion. I will defend myself and put my faith in a jury of my peers. I am innocent and I will not be denied my right to due process! I will take it all the way to the Supreme Court if I have to. Right! That is what they do in the movies and it always seems to work out. Right?

The truth is, you are not living in the movies, and there are real and often permanent consequences for making the wrong decisions when you have been charged with a crime. Everyone should understand, that in most cases, the criminal justice system is an overwhelmed governmental bureaucracy that processes thousands of people, some of whom have been charged with very serious crimes. It can be hard to stand out in that crowd, especially on your own. You should recognize that the entire system is designed and built to prosecute citizens charged with a criminal offense. These citizens, and potentially you or your loved one, are no more than number on a case file. Assuming all of the best intentions, it is difficult to get anyone to hear or understand your side of the story. This is the number one job of your lawyer.

Why Hire A Defense Lawyer?

An experienced criminal defense lawyer can guide the process of maneuvering your case through the criminal justice system. They will help you avoid pitfalls along the way that could potentially hurt your defense, of which, there are many. A good defense lawyer will tell your side of the story, forcefully if necessary, and make your voice heard. A defense lawyer is a partner, a guide, but most of all they are an advocate on your behalf. When charged with a crime, there can be no more valuable resource than that of a trusted lawyer working hard to turn the wheels of justice in your favor.

The Right Defense Lawyer For You

Lawyers and law firms vary greatly in their individual practices. There is likely an attorney for nearly every budget, with payment plans available, and initial consultations are usually free. Just remember, there is an old saying amongst lawyers, “that an attorney who represents himself has an idiot for a client.” So, when charged with a crime, if even lawyers choose to rely on the experience and counsel of other defense lawyers, shouldn’t you?

Mike Kohler
Criminal Defense Lawyer of Houston

The post Should I Hire A Defense Lawyer? appeared first on Defense Lawyer.

The second highest burden of proof is used in family cases. This standard of proof is called clear and convincing evidence. Example; if the government wants to remove a child or terminate an individuals parental rights, the State of Texas must prove with clear and convincing evidence that the child is in danger.

Most juries would require a high degree of proof before they would be willing to declare that a parent was unfit to care for their child.

In either case it’s highly recommended to hire a defense lawyer or criminal defense lawyer to represent you in a court of law.

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A guilty verdict of a DWI can lead to very serious consequences.
Consequences can include the suspension of your driver’s license, termination of employment and even jail time. If you’re facing a DWI, Mike Kohler has the experience and will strive to help you win your case. Being arrested for DWI offense in Houston is only the beginning of a long process. But being charged with the crime of DWI does not entirely determine your cases final outcome.

The Texas DWI / DUI law is a matter of many issues and fines, conviction, loss of license and possible incarceration of which are not automatic. For a chance of a more favorable outcome it is necessary to seek an experienced criminal defense lawyer to help you properly figure your way through the legal process and most importantly protect your rights and freedom.

Criminal defense lawyer Mike Kohler, JD RN is ready to help with the criminal offenses of DWI or DUI to give our clients the best chance of a favorable outcome.

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Having a minor under the age of fifteen years old in the vehicle, an open container, and/or causing injury or death to another person can all add penalties to the standard consequences for a DWI conviction in Texas.

It is also important to note that each charge stays on your record for life and can be used as a prior charge. The punishment below does not take into consideration any other factors that can elevate the crime class.

Punishment for First DWI Offense, Class B misdemeanor:
Fine up to $2,000
Jail time between 3 and 180 days
License suspension up to 2 years
DWI Surcharge up to $2,000 for 3 years to keep your drivers license
Community Service
Possible ignition interlock device
DWI intervention or education program

It’s crucial to have a local, Houston based DWI criminal defense lawyer who can work on your case.

The post Houston Texas Penalties for Driving While Intoxicated, First Offense (DWI) appeared first on Defense Lawyer.

In some cases, people have been known to falsely accuse their spouse or significant other of domestic violence or abuse to try and gain the upper hand in court proceedings. Using abuse and family violence allegations to gain leverage can be devastating to defendants. Lying to hurt their significant other in court is morally wrong. Lying in divorce or child custody battles by using false allegations is not only morally wrong but also illegal. In Houston, Texas domestic violence and family violence accusations are taken seriously by the justice system, and a guilty finding can land you with jail time. We suggest contacting a lawyer as soon as possible to help with your defense case.

It’s important to note that you have options available to you to fight allegations of domestic violence and to protect yourself and your career.

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Mike Kohler Law deals with a wide variety of criminal drug charges and laws and is able to provide robust, skilled input for your drug case. Every drug case and drug charge is unique and every defense is different. Allowing us to dive deep into your case and investigate can prove to be a vital winning plan. Don’t let an accused drug crime charge ruin your life.

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