How We Fight the Cases
First, we meet with you and thoroughly discuss the facts of your case, the charges pending against you and the basic range of typical outcomes. If an outright Motion to Dismiss is available according to Law, we will push that forward. Second, we go and read the State's file, paying particular attention to their production of evidence pursuant to the Michael Morton Act, and make a Motion to preserve exculpatory evidence. Third, we evaluate the state's case against you, and make any Motions to Suppress any evidence which may have been illegally obtained. Fourth, if they persist with their suit, we prepare for trial. Settling isn't Fighting.
We go into the process looking to take, not give; to WIN, not settle. We are ethically prohibited from making a guarantee of success. It is human nature to want to hear that "all will definitely be well", but no one can truly make such a guarantee. There are simply too many variables, and hearing it should set off alarm bells.
What we can guarantee is that we will use our:
a) staunch determination to win for you
b) vast knowledge of the law, and
c) extensive experience in court, to best advantage.
Situations Where Records Can Be Completely Cleared:
- Go to Trial and be Found Not Guilty
- Have a Felony Dismissed (No Billed) = Police/Prosecutors admit they were wrong and charges are dropped and statute of limitations has run (5 years, most felonies) before an indictment is returned
- Have a Class C Misdemenor Dismissed (If successfully completed Class C Deferred Adjudication)
Non-Disclosure (or "Sealing of the Record" in street parlance) Our criminal defense attorney offers petitions for non-disclosure. They limit the disclosure of arrests and other outcomes to the public and information gathering services working for private employers. This is only available to certain defendants, and we discuss with you the particulars of your case to find out if you will benefit from this.
- Successfully complete "deferred" community supervision
- statute of limitations has run (varies with level of offense)
- law enforcement and State licenseing agencies will be able to see through the "screen" we erect.