Experienced and Aggressive Criminal Defense Attorney

I am a Houston-based criminal defense attorney, and I never advise a client to plead guilty who tells me they are innocent. If a client is innocent, my goal is to get the case dismissed. If the prosecutor does not dismiss the case, then there must be a jury trial. People call me every week trying to appeal or overturn a conviction that they were innocent of but pleaded guilty to. The conviction ends up preventing them from getting a job or a promotion. Trying to undo a conviction is very difficult. The time to fight a case is when you have the right to a jury trial. If you need a criminal defense lawyer who is willing to take your case to trial, please contact me for a consultation.

I represent many professionals who are worried about the impact of a crime on their criminal history. Sometimes they are innocent, sometimes they made one mistake. Typically, the risk is not incarceration but a probation that might impair a professional license or career. For every professional, the goal is to aim for dismissal. Often, in addition to challenging the evidence, we produce a character packet to show the positive attributes of the person charged. Sometimes a plea bargain is not possible and the case must be taken to trial. Regardless, my goal is to properly advise every professional about what does and does not stay on their record; what can be seen by licensing boards; and the risks of a jury trial. I also help professionals clear their criminal history with expunction, non-disclosure, and writs of habeas corpus. Please contact me for a consultation if you are professional seeking representation.

The goal with every student is to protect their future career and earnings by keeping their criminal history is clear. This effort starts by trying to obtain a dismissal that can be expunged from a criminal history. If a dismissal is not possible, I try to get a pretrial diversion that can also be expunged. With students, I advise them about what charges can come off a record and what charges cannot. Sometimes a student will need a professional license and it is important to understand what punishments can be seen by licensing boards. It is also important to understand that some punishments can never be removed from a criminal history. Some of my most rewarding cases have been representing hard-working students who made a mistake. Please contact me if you are a student charged with a crime or need my help.

I focus my criminal defense practice on Harris County cases. My office is located three blocks from the courthouse.

What follows is a brief guide to Harris County prosecutions.

AFTER THE ARREST
Typically, a person arrested in Harris County will be taken to the Joint Processing Center at 700 San Jacinto. An arrested person typically will appear in front of a magistrate judge within 48 hours and a bond will be set.

If the bond amount seems reasonable, you can post it for your friend or family member at 49 San Jacinto or contact a bonding company to post the bond in exchange for a fee.

In some felony cases, the bond might be set high or no bond may be set.  Then you will need a lawyer to approach the district judge to set a bond.

To search for a Harris County defendant or to read information about posting a bond in person, use this link found here on the Sheriff’s website.

FIRST COURT SETTINGS
Usually, a person arrested for a felony will have a court date on the first or second weekday following the arrest.

Misdemeanors court dates are typically within one week of the arrest.

At the first court setting, you will not plead guilty or not guilty. Rather the judge or court coordinator will find out if you have hired an attorney, appoint an attorney if you cannot afford one, or reset your case for a couple of weeks so that you can hire an attorney.

The court might also impose bond conditions on you. For example, you could be drug-tested while on bond. It is imperative to follow the court’s order or you could forfeit your bond and sit out the resolution of your case in jail.

SUBSEQUENT COURT SETTINGS
In Harris County, depending on the court, you will appear every three weeks to two months for a court setting. Usually, you will not appear in front of the judge during your court settings.

Rather, your lawyer will meet with the prosecutor and check the state’s file. You may have multiple court settings over several months while your lawyer investigates the state’s case and negotiates for a resolution. The state might also be gathering evidence.

DISMISS, PLEA, OR TRIAL
Eventually, the state will either dismiss the case or offer a plea bargain. If the case is not dismissed, a defendant, based on the advice of their lawyer, must make the choice whether to accept a plea bargain or set the case for trial.

In some courts, trial dates are soon as 30 days while others are years out.

Feel free to contact me if you are seeking representation for a Harris County case.

If you have been charged with an adult criminal offense, there are different ways to overturn the case or remove it from your record. Generally speaking, you will be considering: expunction, non-disclosure, habeas corpus, pardon, and direct appeal.

DIRECT APPEAL
A direct appeal usually follows from a jury trial. A direct appeal is a way to say that the judge made a legal error during a prosecution. A legal error might be incorrectly admitting evidence that the jury could consider; excluding evidence that the jury should have considered; allowing hearsay into testimony or not properly writing the jury charge.

A direct appeal typically requires a court reporter recording the trial proceedings.

EXPUNCTION
Expunction refers to dismissed cases. If your case was dismissed for lack of evidence or after the completion of a pretrial diversion, you may be eligible for expunction. Expunction will allow you to deny the arrest ever occurred and results in destroying of the records of the case.

Expunction also applies to completed deferred adjudications for Class C misdemeanors.

NON-DISCLOSURE
Non-disclosure usually applies to completed deferred adjudication probations on Class A and Class B misdemeanors along with felonies. Non-disclosure is not as strong as expunction but still useful. Criminal records that are non-disclosed are available for viewing for some entities with a public interest.

However, if your record is non-disclosed, you can deny the arrest on a job or housing application in most instances.

In one of the biggest changes to criminal law in the last few years, non-disclosure now applies to some misdemeanor jail sentences and regular probations. Thus, if you were charged with a misdemeanor after September 1, 2015, and received a jail sentence or regular “straight”probation, you might be able to non-disclose your case.

Unfortunately, jail sentences, “credit for time served” sentences, and straight probation sentences for arrests before September 1, 2015, are not eligible for nondisclosure.

PARDON
If you are not eligible for expunction, appeal or nondisclosure, you can consider habeas corpus or pardon.

A pardon is a rare act by the Governor of Texas that overturns your conviction. Very few pardons are granted every year and most of them are for older misdemeanors by one-time offenders.

Most people choose to apply for a pardon without an attorney. There is information on Texas pardons here: http://www.tdcj.state.tx.us/bpp/exec_clem/exec_clem.html

HABEAS CORPUS
Habeas corpus is a way to overturn a probation or conviction when you are not eligible for expunction or non-disclosure. Habeas corpus concerns the violation of a constitutional right. A typical application of habeas corpus concerns ineffective assistance of counsel. If your trial or plea lawyer did not properly investigate your case or advise you, habeas corpus might be an option.

I typically handle expunctions and non-disclosures in Harris County and sometimes surrounding counties. For direct appeal and habeas corpus, I focus on Harris County but can help on cases throughout the state.