EXPERIENCE, COMPASSION, DEDICATION AND SKILL

THE MERCHANT LAW FIRM: "Houston Criminal Attorney with experience
in both State & Federal Courts"

Frequently Asked Questions of Merchant Law Firm

Frequently Asked Questions

Q.1 I have just learned that the police and/or federal agents have come looking for me? Should I call them and arrange to meet with them? A. In almost all such cases, you should not speak with the police or agents and should have an experienced criminal defense attorney make contact with these officials to find out what is going on. In many instances, doing so can prevent your arrest and almost always will prevent law enforcement from gaining damaging information directly from you. In the event that the police or agents are intent on arresting you, your attorney may arrange for you to surrender to them on a given date, time and location that will best avoid unnecessary embarrassment or show of force. In addition, arranging surrender in this manner will have a positive impact on a court’s decision in setting bail.

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Q.2 I have just been arrested? What should I do? A. After contacting family members and/or close friends, you should call an experienced criminal defense lawyer who can quickly find out as much information as is possible concerning the reason for your arrest, and arrange to have you released as soon as possible.

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Q.3 Will I have to post bail in order to be released from custody? A. This depends on the seriousness of the charges against you, the strength or weakness of the evidence against you, any prior criminal record you may have, your roots to the community (employment, social and family), U.S. citizenship status, your educational history, and other relevant matters.

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Q.4 If bail is set, how can I get released? A. A. You will be released as soon as the bail ordered has been paid and the facility at which you are held confirms that the bail has been posted.

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Q.5 What if the bail set by the judge at my arraignment is too high for me to make? A. An experienced criminal defense attorney will attempt to convince the judge that the initial decision on bail was unfair or unjust and that a lower bail figure, in an amount that you and your family can afford to post, perhaps combined with other assurances that you will not flee should suffice to secure your return to court when required.

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Q.6 What happens after my initial appearance before the court? A. On that day your attorney will have the opportunity to speak with the prosecutor that’s been assigned to prosecute the case. Its an opportunity to look at the evidence, address bond issues and get the prosecutor’s version of the facts and possibly an plea offer. Just because they make an offer does not mean you have to accept it. An experienced and ethical attorney will and should convey all offers to you.

Your case will then be reset for another day to give everyone involved an opportunity to access the situation and make a well informed decision as to how to proceed from there.

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Q.7 What will my lawyer do after the initial arraignment in court? A. He will begin to gather information both about you generally and about your case from you and all other sources, including the prosecutor, any witnesses, family members, colleagues and friends. He will seek to obtain any relevant police reports and records, 911 recordings, hospital and medical records and all other material concerning the case. He will research thoroughly any unusual legal issues presented and prepare requests for information and documents from the prosecutor. He will work with a private investigator to pursue leads that will assist in your defense and to preserve and document any favorable evidence. He will retain the services of recognized forensic and medical experts to assist in your defense. He will prepare and file motions on your behalf seeking to dismiss the case against you, to reduce the charges at hand, to exclude or suppress certain evidence against you or to obtain court–ordered discovery of information and documents sought but not turned over by the prosecutor. And he will on a regular basis speak with the prosecutor and attempt to obtain for you the best possible result.

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Q.8 I am not a U.S. citizen. What can happen if I am convicted of a crime in Texas or federal court? A TREAT EVERY CRIMINAL ISSUE AS ONE THAT MAY RESULT IN BEING DEPORTED FROM THE COUNTRY. For people who are not citizens, criminal charges pose an even more complicated hardship. If the charges are not dismissed, conviction of many crimes may mean that the Immigration and Naturalization Service will bring removal proceedings against the person in which a forced deportation to their country of citizenship may be a certainty. I have worked with in association with immigration law specialists who not only assist us in seeing our clients through the maze of regulations governing these issues, but who work directly with the client to prepare to fight any effort that may be made by INS at the conclusion of the criminal case.

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Q.9 I have already been convicted of a crime after a trial. What can you do for me? A.Appeal your case. This is your life and good name and that’s extremely important. Fight every decision and if the appeal is not granted then appeal that decision.


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