FREQUENTLY ASKED QUESTIONS
If I am Arrested, Should I Speak to the Police?
Why is it so Risky to Speak to the Police?
Can the Police Question Me After They Read Me My Rights?
What Should I Do After I Am Arrested?
What is Bail? How do I Get Out of Jail?
What is the Typical Amount of a Bond?
Can I Fire My Present Attorney?
How Long Will it Take to Resolve my Case?
What Are the Different Punishment Ranges in Texas?
What is Deferred Adjudication? What is Straight Probation?
If I am Arrested, Should I Speak to the Police?
No. If you are arrested, the Constitution gives you the right to remain silent. You also have the right to discuss your case with an attorney. Whether you realize it or not, police officers are not on your side. They will lie to you, play tricks, and try to get you to talk, which could significantly affect your defense. I hear about this from clients everyday. The police pretend to be your friend and promise to help you if you answer their questions. Do not fall in this disastrous trap. If you are ever interrogated or arrested, demand an attorney and stop talking. Anything you say after demanding an attorney may be suppressed or thrown out before trial.Remember -- do not say a word if you are arrested. This advice applies to all criminal offenses, including minor misdemeanors and serious felony charges. No matter what the criminal charge, the Law Office of Nicholas R. Westbrook can help. I am an aggressive and dedicated Houston criminal defense lawyer who can protect you and your future. Call my office today at (713) 936-2174.
Back to questions
Why is it so Risky to Speak to the Police?
Speaking to the police without a lawyer present is a bad idea. If you are a suspect under investigation for any type of crime, the police officers in charge should never be trusted. Police officers in all areas of law enforcement are specially trained to interrogate you and get you to admit things that may be untrue. If you are a criminal suspect, the interrogating officers will do everything possible to get a confession out of you. Regardless of what the officers say or what you may think at the time, these officers are not your friends. In fact, the police will lie to you, pretend to be your friend, and make you believe that everything will be fine if you admit to their allegations. In reality, these police officers could care less about you or your freedom. They want you to admit the crime, even if you are totally innocent. Many suspects trust the police and believe that admitting to a crime is the easiest way to avoid further interrogation and prosecution. This is how the cops make a case, leading to an arrest and possible conviction.
Unfortunately, the police will never tell you about your right to an attorney until you are formally arrested. Even then, a majority of defendants will continue to speak to the police. At any point during an interrogation or after an arrest, you should demand an attorney. You have the right to speak to an attorney under these circumstances and should exercise that right to protect yourself, your family and your freedom. If you are facing a criminal charge and need an experienced Houston defense attorney, please call the Law Office of Nicholas R. Westbrook at (713) 936-2174.
Back to Questions
Can the Police Question Me After They Read Me My Rights?
Yes. If the police plan to arrest you, they will read you a series of rights, commonly known as your Miranda rights, including your right to remain silent and your right to speak to an attorney. Once the police read your Miranda rights, they can question you as much as they like. However, you must agree to be questioned, and even if you do agree to speak, you can always change your mind at any point during the conversation and demand an attorney. If the police continue to question you after you ask them to stop, or request to speak with an attorney, they have violated your constitutional rights. To review your case and determine whether your rights were violated, please contact Nicholas R. Westbrook, a skilled and knowledgeable Houston defense lawyer, at (713) 936-2174.
Back to Questions
What Should I Do After I am arrested?
An arrest is a horrible and stressful experience. It can be shocking, embarrassing, and very costly. As soon as the police engage you about anything, you should immediately request an attorney and remain silent. You should always be courteous and polite when speaking to the police, however, you should stress to them up front that you are not talking, have no intention of talking, and no matter what they say or do you will not change your mind. They will try to intimidate you and get you to talk. Do not succumb to their demand. No matter what they say or how nice they act, the only reason they want you to talk is to strengthen their case against you. If you are arrested, you will be booked at the county jail. After several hours, you will face a Judge or Magistrate who will read your criminal charge and the amount of your bail. To learn more about arrests in Houston and the surrounding areas, please contact Nicholas R. Westbook, an aggressive Houston criminal defense attorney, at (713) 936-2174.
Back to Questions
What is Bail? How do I Get Out of Jail?
Bail is an insurance policy, which guarantees your presence at the Court, as requested. Bail is usually available in the form of bond. A bond is the commitment that a bonding company makes with the County, which obligates the company for the amount of the bail bond. Thus, to get out of jail, you must contact a bail bondsman and “bond out”. If you know that a warrant has been issued for your arrest, you may also qualify for a “no arrest bond”, which will help decrease the amount of time you spend in jail. Most bond companies charge between 10% and 15% of the bond.
Once you have a bond, you must adhere to the terms and conditions of the bond, including your presence in Court and no traveling outside of the County. If you fail to show up at Court on a scheduled setting, the bonding company will be on the hook for the full amount of the bond, and the Court will often forfeit your bond. Under these circumstances, you will be arrested and your bond will be increased. The Court may also deny a new bond depending on the facts of your case. The Law Office of Nicholas R. Westbrook works with a handful of honest and trustworthy bail bonding companies in Houston and the surrounding areas. For an excellent referral regarding your bond, please contact our office at (713) 936-2174.
Back to Questions
What is the Typical Amount of a Bond?
The amount of your bond is determined by several factors, such as the seriousness of the criminal offense, criminal record, and risk of flight. Bond amounts range anywhere from $500 for misdemeanor offenses to over $100,000 for serious felony offenses. As noted above, you will be required to pay between 10% and 15% of this amount. If your bond is too high, an experienced criminal defense attorney, like Nicholas R. Westbrook, can present a motion to the Court requesting a reduction of the bond. The Court will then set the motion for a hearing, and the defense attorney can argue why a lesser bond would still guarantee your presence in Court. If you need help with your bond or would like to discuss your case in more detail, please contact the Law Office of Nicholas R. Westbrook at (713) 936-2174.
Back to Questions
Can I Fire My Present Attorney?
Yes. You always have the right to terminate your present lawyer, especially if you cannot resolve your differences or feel that your present attorney is not doing a good job. The next attorney can then prepare and file a Motion to Substitute the Attorney of Record on your behalf. Nevertheless, switching attorneys during your case may present certain problems for you with the Court depending on how far your case has progressed. It is critical that you address any differences with your current lawyer as soon as they come up, so that these problems will not interfere with a successful defense of your case. If your case has been set for trial, it will be extremely difficult to obtain new counsel. If you currently have an attorney that is not aggressively defending you, please contact the Law Office of Nicholas R. Westbrook at (713) 936-2174. I can file the necessary Motion and begin developing an excellent defense strategy for your case.
Back to Questions
How Long Will it take to Resolve my Case?
The amount of time required to resolve a criminal case varies from case to case due to several factors, including the offense, the Judge, the Prosecutor, whether the defendant s in jail or is free on bond, the number of people involved, whether the media is covering the case, and the complexity of the case. Each of these factors may affect the amount of time that it will take to resolve your criminal charges.
Most criminal cases begin long before your first appearance in Court. The police may begin working on a case against you weeks, months or even years before the case is actually filed with the District Attorney’s Office. If you are aware of any investigation against you or a family member, you should contact an experienced criminal defense attorney immediately to protect your rights and preserve your defense.
As an experienced Texas criminal defense attorney, I understand that a successful criminal defense should not be rushed. My clients gain nothing by rushing through the case and trying to resolve it as soon as possible. In most cases, you are not rewarded for resolving the charges quickly, as the goal is to receive the best result, not a fast result. Considering the outcome of your case may affect the rest of your life, and you only have one chance to get it right, it is extremely important to be patient. Some cases, especially serious felony matters, take an extraordinary amount of time to investigate and resolve. The Law Office of Nicholas R. Westbrook always devotes the necessary time and attention to each case. To discuss your case in full detail, please call my office at (713) 936-2174.
Back to Questions
What Are the Different Punishment Ranges in Texas?
Texas prosecutes criminal offenses at the lowest level of a Class C Misdemeanor and all the way up to a Capital Felony. The punishment ranges for each category are as follows:
Back to Questions
What is Deferred Adjudication? What is Straight Probation?
In some cases, you may receive probation instead of time in jail or prison. Texas has two types of probation: (1) deferred adjudication; and (2) straight probation. Both probations include similar terms and conditions, including probation meetings, random drug and alcohol tests, prevention classes associated with the criminal offense, restitution, fines and community service. The difference between deferred adjudication and straight probation is what happens when you are discharged from the different types of probation. If you successfully complete deferred adjudication, the Court will dismiss your criminal charges and you will not have a final conviction on your criminal record. Successful completion of straight probation will ultimately lead to a conviction. Straight probation may also include “shock probation”, which includes jail time as a condition of probation. To discuss your case and all potential options, including probation, please contact the Law Office of Nicholas R. Westbrook at (713) 936-2174.
For more information regarding probation and deferred adjudication, please click here.
Back to Questions