Criminal Law |
 If you or a family member has been arrested for a crime, you probably have a lot of questions and concerns. You are worried about your future and your family's future. A criminal conviction can result in a stiff sentence including fines, jail or prison time. Some criminal convictions can result in a permanent criminal record and affect your ability to rent an apartment, drive your car or even obtain certain jobs. If you are an immigrant, a criminal conviction may result in deportation or removal.
The criminal defense attorneys at the Durkin Law Offices can represent you and defend your rights in all of the following criminal matters:
If you or a family member has been, or expects to be arrested for any of these offenses, call the criminal defense attorneys at the Durkin Law Offices. The sooner you have someone working on your side, the better and quicker we are able to obtain a positive outcome for you and your family.
What happens if I am arrested?
If you are arrested for breaking a criminal law, you will be taken before a magistrate not later than 48 hours after your arrest. The magistrate shall inform you of the charges & allegations against you and your rights to an attorney. The magistrate will determine if the arrest is supported by probable cause and set an appropriate bond. If you cannot post the bond, you may be incarcerated until your case is resolved. If you are able to post bond, you may remain free while your case works its way through court.
What is a search warrant?
A search warrant is an order issued by a judge that authorizes police officers to conduct a search of a specific location. Before a search warrant may be issued, there must be a showing of probable cause.
What is probable cause?
In Texas, there is no statutory definition of probable cause. Case law has held that probable cause exists where police have reasonably trustworthy information, considered as a whole, sufficient to warrant a reasonable person to believe that a particular person has committed, or is committing an offense. Probable cause requires more than mere suspicion but far less evidence than that needed to support a conviction. A police officer's hunch, with nothing more, will not satisfy the requirements of probable cause.
If a police officer knocks on my door and asks to search my home, do I have to let the officer in?
Unless the officer has a warrant, you are under no legal obligation to let the officer search your residence.
What if I agree to the search?
If you voluntarily consent to a search of your home, automobile, or person, then the officer can conduct a full search without a warrant. Anything that the officer finds can later be used against you in court.
What is the Plain View doctrine?
Police officers do not need a warrant to seize contraband that is in plain view if the officer is in a place that he or she has a right to be.
If I am arrested, can the officer search me?
Yes. Police officers do not need a warrant to conduct a search after making an arrest. After making an arrest, the officer can legally search the person being arrested and the area in the immediate control of the person.
What is bail?
Bail is the security given by the accused that he or she will appear and answer when required by the Court during the resolution of the pending charges. Most commonly, an accused is released by obtaining a bail bond company authorized to post bonds in the county where the accused is being held. |
Durkin Law Offices, P.C.
817-545-9700
817-545-5071 (fax) |
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| The Durkin Law Offices, P.C. handles cases in Dallas, Tarrant, Johnson, Hood, Denton, Wise, Parker, Clay and Wichita Counties including the Cities of Decatur, Hurst, Fort Worth, Arlington, Granbury, Weatherford, Azle, Irving, Grapevine, Coppell, Colleyville, Southlake, Burleson, Euless, Haltom City, North Richland Hills, Watauga, Farmers Branch, Keller and others. Other areas reviewed on a case by case basis. |
