Being accused of a crime you did not commit could be a scary thought for you.   There could be numerous legal repercussions for the crime you are being investigated for.  If you value your reputation and your future, you need to seek immediate legal help.   Hammerle offers criminal defense for your situation.  Whether you have been accused of date rape, drug charges, drinking while driving, or any other crime, the sooner you can get a lawyer the better.  States act fast with crime, so should you.  If you are being accused of a crime, you need to find legal defense as soon as possible so your lawyers can build a case in your defense.

Driving a vehicle in an intoxicated state, in Texas, is dealt with very heavily.  If you can be proven to have been driving recklessly because you were intoxicated with liquor or any other substance for that matter you could be prosecuted for DWI or DUI.  Driving under the influence and drinking while intoxicated are both charges that could have very real consequences for you.  For one, your license could be taken away from you and you could be arrested for 3-180 days for your first offense.  If you had a minor in the vehicle you could go to jail for up to 2 years and face a 10,000 dollar fine.   You do not want to mess with that kind of punishment.    That is why you need someone competent to represent you in court when you are being charged with driving while intoxicated.

In recent years, there has been in increase in college date rape.  That is, forced sex between two people who know each other or are friends.  Date rape is a serious crime that could involve the offender going to prison and his name being put on the sex offender list.  If your name is on the list that could affect your future work, housing, school, and career.  At college parties, sometimes everyone has too much to drink and in an inebriated state you may do something with a friend that is construed as date rape the next day by her and her family.  If you have been accused of date rape, you need to get a lawyer as soon as you hear about it.   To avoid a lot of problems with the College Board, and possible criminal ramifications, you need to be represented by a lawyer with a good criminal defense record on the spot.

Many minor or serious criminal charges can affect your life in a negative way.  If you know you are innocent you should have confidence in the fact.  Do not settle for a lawyer who is neither experienced in the area in question or does not have a good court record.  Your life is special and if you value your future, you need to go with the best.  You need to hire a lawyer who knows what he is talking about, a lawyer who knows the system inside out, who can help you.

When it comes to criminal law there is many things to consider. Most criminal defense attorneys consider types of crimes, laws that apply to those crimes and other specifics related to legal processes during the procedures. The law uses the Model Penal Code to guide the state legislators in designing formulas of statutory provisions. This guide is used to determine the type of crime as either offense, which is defined by the Code. If the crime is offensive, the defendant may be facing the death penalty depending on the nature of the crime.

According to the law, crime is defined as any act that causes social harm, made punishable by the law. When a crime has been committed, or a person has been accused of a crime, it pays to have a criminal defense team working on your behalf. In the courtroom, the judge will always look at the nature of the crime, the seriousness of the crime, and the type of crime that has been committed. Types of crimes include infractions, misdemeanors, felonies, or treason. The judge will consider the degree of punishment, which helps him to distinguish the type of crime committed.

Infractions are ticketable offenses, which often the defendant must pay fines, which can be sent via mail. Some crimes that may involve car theft are considered misdemeanors, yet if the thief has more than one offense, the crime may be punishable by prison. In all, there are four types of crimes to consider including property crimes, personal crimes, public order offenses, and morals offense.

Under most state penal codes personal and property, crimes are distinguishable. Property crimes are considered acts such as burglary, arson, larceny, vandalism, vehicular theft, property damage, forgery/fraud, writing bad checks, and so forth. These crimes often carry lighter sentences that personal crimes. Personal crimes are considered any offense against another person, which include murder, assault, kidnapping, rape, false imprisonment, various types of assaults, child molestation, etc. The law deems these actions as “violent crimes.”

Public order crimes include breach of peace, vagrancy, fighting, unlawful assembly, illegal weapons, loitering, public intoxication, disorderly conduct, etc. Morals offense include unlawful conducts, such as lewdness, seduction, adultery, fornication, indecency sodomy, pornography, prostitution, cohabitation, obscenity, and bigamy. A good attorney can handle personal, public order, morals, or property crimes effectively in a court of law.

When a crime is committed, not only will the courts look at the type of crime, but also the type of laws. The type of laws includes criminal law, civil law, statutory law, or case laws. When criminal defense attorneys are used in the courtroom to defend the defendant, it is usually a criminal law case. Some attorneys may be qualified to defend any law in the courtroom, but most criminal lawyers focus on criminal law.

The criminal law focuses on protecting members from public harm while preserving and maintaining social order. Their goal is to offer support for chief social values, and distinguish criminal crimes from civil wrongs. They express communal condemnation of criminal behaviors, and work to deter people in the community from committing criminal crimes. Need a defense attorney, get a team working for you by going online.

You are charged with a felony or misdemeanor. Upon your arrest, you find that you must attend the next court hearing. In this hearing, you are asked if you understand what you are being charged with. The judge tells you that you have a right to a criminal defense attorney. If you cannot afford an attorney, one will appointed to you by the courts. Most people that accept court-appointed attorneys find themselves plea-bargaining with the prosecutor.

Most sentences are imposed on defendants in most states, which result from plea bargains. The offender after pleading guilty to the crime accepts an agreement between the courts, prosecutor, and his criminal defense attorney. Any good attorney will tell his defendant to plea not guilty in a criminal case unless physical evidence is overpowering in which this case, the defendant may be better off entering into a plea bargain.

Plea-bargaining often consists of the defendant pleading guilty to a lessor offense. Plea bargains are a way to avoid punishment for more serious crimes. Almost 90% of all criminal charges brought on defendants, resulted to plea bargains. Statistics showed that one hundred convicted felons plead guilty to lessor crimes, which resulted to them being charged of misdemeanors, or less serious felonies. Out of the 90% of convicted felons, only 6 percent went to a criminal trial.
Plea bargains are offered to criminals in court to reduce caseloads. If there were no plea bargains offered, the courts would be severely backed up with criminal trial cases. Despite that the courts offer plea-bargains; it pays to hire a qualified team of criminal defense attorneys to assist you through the legal processes.

Some people accept plea-bargains without realizing that the courts lack sufficient evidence to connect the criminal to the crime. In some instances, circumstantial evidence lacks, which means it is more difficult to connect the defendant to the crime. It is highly known that some offenders actually accept plea bargains out of fear. If you have been charged with a felony or even a misdemeanor, having a team of lawyers by your side to assist you, will offer you better chances to prevail the case.

If you have been convicted of a crime in which the courts lack sufficient evidence to link you to the crime, hiring an attorney is wise. The attorney can get the case thrown out of court, or else reason with the prosecutor and judge to get you the best sentencing option. Circumstantial evidence can lead to sufficient grounds for prosecution, especially if the evidence is overwhelming. In some situations, a plea bargain may be withdrawn. For example, the courts if they find that the defendant claims that his rights was not properly delivered, may withdraw the plea bargain.

Either way, hiring a team of criminal defense attorneys pays. Qualified criminal defense attorneys in Texas offer you solutions for dealing with criminal court proceedings. Never, step in a courtroom with intent of defending yourself. Court-appointed attorneys work very little to defend you, thus, hiring a group of experts is the best recourse of defense.

Being charged with a crime of any sort is the beginning of a long and drawn out process in which an individual’s freedom is taken away.  The legal process can be very intimidating for those charged with crimes even if this is not their first time.  Members of the judicial system such as police, prosecutors and judges are all working against a person facing charges and it is not uncommon to have no idea what to say or do.  Individuals who do not obtain legal representation or are granted an attorney on behalf of the court are typically pushed into plea bargain deals that may or may not be in their best interest.  For residents of the Dallas Fort Worth area charged with a crime, contacting the Hammerle Finley law firm is the first and best choice after you have been arrested.

Police and prosecutors use tactics to pressure people into admitting their crimes or accepting plea bargains that guarantee they will be punished.  Members of the court do this because going to trial means that they may not get to charge you with anything.  These individuals can be very compelling especially if you are not familiar with the legal process.  The Hammerle Finley law firm represents persons charged with DUI, DWI, assault, property and juvenile crimes.  They provide aggressive criminal defense attorneys that are acting in your best interest and yours alone.

Court appointed attorneys are often working for the same side that is accusing you of a crime.  Although it is one of your legal rights to be represented by an attorney, the one provided by the court has been working with the same person charging you with the crime.  In all actuality these people probably have lunch together and work in the same office space.  It is common to have court appointed attorneys pressure their clients to accept a plea bargain to avoid a workload for themselves and a prosecutor.  While this is not true in all instances, there is no reason to take chances with your freedom.  When you are granted your first phone call, make it to the Hammerle Finley law firm and get an aggressive attorney that will truly be in your corner.

Whether you go free or not depends largely on your ability to prove your innocence in a court of law.  While the burden of proof in a criminal case is on the prosecution, they would not be charging you with a crime if they did not have sufficient evidence to prove that it happened.  An aggressive attorney will be able to discover all evidence that is being presented against you and find ways to cast doubt on juror’s minds.  All it takes is one uncertain juror out of twelve for you to go free.

Do not take chances with your freedom and the rest of your life.  Accepting plea bargains means you not only will face fines and perhaps jail time, you will have a criminal record for the rest of your life.  Make a call to the Hammerle Finely law firm and obtain aggressive and competent counsel that will assist in your criminal defense and perhaps win your freedom.

There is a dramatic moment in the movie 12 Angry Men when our protagonist dispels the assumption that the murder weapon is unique by pulling out an identical knife and throwing it down on the table. He explains that he had done a little extra investigation on his own the previous evening and then purchased the duplicate.

What initiative! What jury misconduct!

In a popular television series, an attorney finds out her client is guilty and tricks him into admitting it on the stand.

Justice is served; attorney ethics be damned.

In another series, the lawyer is upset that the court-appointed guardian is stealing the ward’s money. He hires a thug to break into the guardian’s house, tie him up and threaten him. The guardian repents and gives back the money.

The good guys win again — by committing criminal acts!

These aren’t isolated instances. In almost every genre of fiction involving lawyers, there are rampant violations of the code of ethics, of the rules of civil procedure, even of basic legal concepts.

You say: So? Everyone knows fiction isn’t reality. Engineers don’t get upset when a fictional character makes a suit of iron and flies around saving people. Why should anyone care if a few fictional lawyers and judges cross the line?

The answer is simple: because people understand they can’t fly in an iron suit, but they don’t understand the complex maze of laws, rules and codes that govern a legal proceeding. Often the only standard they have is what they have seen or read for entertainment. So they adopt fictional behavior as their model, with disastrous results.

Examples abound. A judge in New York had to declare a mistrial when jurors used a smartphone to do their own research during deliberations. Another case was thrown into turmoil when jurors texted each other during the trial. Several years ago, a beneficiary of an estate decided that he didn’t like the court-appointed attorney, so he pulled a gun and chased him around the courthouse lawn.

It is true that if legal fiction was constrained by the law, it would be the bleakest of entertainment.

But that works both ways. If the law worked like fiction, then we would have the bleakest of legal systems.

Police officers have an obvious psychological advantage in any confrontation. They wear uniforms, talk loudly and carry guns.

Much of their apparent authority is derived from officers’ assumption that the public is ignorant of its legal rights and easily intimidated.

There are five legal rights in particular that police officers do not want you to know.

* A police officer cannot agree to drop charges in exchange for your cooperation. He or she simply doesn’t have the authority. The district attorney and the judge make those decisions. This is helpful to remember when the officer says they will go easier on you if you lead them to the victim’s body.

* You have the right to say no. For example:

Officer: “May I search your car?”

You: “No.”

Officer: “May I come in?”

You: “No.”

Officer: “While we’re waiting for your attorney, would you answer a few questions so we can save some time?”

You: “No.”

* You don’t have to go to the police station to give a statement. Unless the police officer shows up with an arrest warrant, or arrests you on the spot (think DWI), you don’t have to go anywhere at an officer’s request.

* From the time of first contact with a police officer, you should assume that you are being recorded. Stopping your car by the side of the road, talking on the phone at the police station, being fingerprinted, standing in the corner of a room in the station waiting for the officer to return — these are all potentially embarrassing moments that will be replayed in glorious Technicolor for a jury.

* No matter how much you are provoked, you don’t ever want to give the least hint of physical resistance. No kicking, spitting, hitting, cussing, slapping a hand away — or even looking like you are about to do any of those things. An officer’s wrongdoing will be subsumed by your aggressive action.

The general rules of “just say no” to the police have led to a lot of fact-specific questions. Most of the answers depend on the circumstances, so let’s step back a moment and look at the big picture.

The protections we are discussing are found in the Fourth Amendment of the U.S. Constitution and are commonly referred to as “search and seizure.”

A “search” occurs when a person’s expectation of privacy is violated — like an officer coming into your home without an invitation. A “seizure” occurs when a person’s freedom of movement is restricted by an officer, through force or some show of authority — like the officer handcuffing you. The seizure can be of a person or property.

Many seizure questions concern a street stop by an officer, and they fall into three categories: encounter, detention and arrest. An encounter is when the person feels free to terminate the discussion with an officer. A detention is when an officer has reasonable suspicion that a person has broken the law, and the person isn’t free to walk away. An arrest is when the person is actually restrained or taken into custody, and can only occur if the officer has probable cause to believe a crime has occurred.

Those obviously aren’t bright-line definitions. Case law is full of weasel terms like “reasonable person,” “reasonably justified,” “circumstances within the officer’s personal knowledge” and “objective facts.” A jury on Tuesday might decide that something was reasonably justified, and a different jury on Wednesday might decide the same act was not.

So what do you do if you are involved in a street stop? You can ask, “Am I free to leave?” If the answer is yes, then you are having an encounter and you can walk away, stay and chat, or stand silent. The Fourth Amendment doesn’t come into play.

If the answer is no, then you are either being detained or under arrest. You can ask the officer which it is. If you are being detained, then you can’t leave, but you can refuse to give the officer your name. This is tricky, because it’s a crime to give the officer a false name, address or date of birth. So you can be silent, but you can’t lie.

If the officer states that you are under arrest, then you have to give him your name.

Both detentions and arrests are subject to the protections of the Fourth Amendment. And that brings up the recent Supreme Court ruling on Miranda rights.

It’s important at this point to remember the end game. The state has the burden to prove that you committed a crime. You don’t have a duty to help them do that.

Once you have been arrested, the officer is supposed to read you a Miranda warning about your right to remain silent. At that point, you have choices. You can stay silent or you can waive your right and talk.

The recent Supreme Court case places a new burden on you. If you want the Miranda protections, then you have to speak up and state that you invoke your right to remain silent, or you will be subject to interrogation.

You still don’t have to answer the interrogation questions, but after two or three hours of being bombarded you may be tempted to blurt something out. That’s what happened to the defendant in the Supreme Court case, who was asked after three hours of interrogation, “Do you pray to God to forgive you for shooting that boy down?” and responded “yes.”

The lesson here is to be polite and don’t volunteer information. Don’t do something stupid that will escalate a situation. Don’t slap away an officer’s hand on your arm, take an action that will cause the officer to feel physically threatened, or interfere with an officer’s actions regarding another person.

If your rights are violated, your lawyer will address it later in a courtroom through a civil or criminal suit. Your responsibility is to know enough about your rights that you don’t gratuitously give them away.

Today is the day! If you have a box full of Beasts of Artillery, Jumbo Ground Bloom Flowers and Morning Glories, then you know what I’m talking about.

Your very own fireworks celebration.

Since you’ve already decided to shoot them off, it’s probably a good time to talk about the law of fireworks.

Fireworks are considered a public nuisance.

Towns and cities have the power to regulate nuisances within their boundaries. Those municipalities that are classified as “home-rule” can actually regulate up to 5,000 feet outside the city limits.

A municipality can ban possession of fireworks within its limits, but not the transportation of fireworks.

You can buy the fireworks and drive them through any municipality, even one with the most stringent of ordinances.

Caveat: Sometimes cities get confused about this particular constitutional right and issue tickets.

So if your municipality has a fireworks ban, what exactly does that include?

Interesting that you should ask.

There are consumer fireworks, and there are explosives.

The National Fire Protection Association sets out guidelines for explosives that are low-grade, such as those that are used in public displays.

The Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Consumer Safety Products Commission set out the types of fireworks that are considered consumer fireworks.

The NFPA guidelines are just that — definitions that can be adopted by a state or municipality.

The ATF and CSPC set out national minimums for fireworks that are binding on states.

Each state can adopt more stringent laws.

Thus, in California you can legally shoot off fountains. In Illinois, you are lucky to get snakes.

Texas sets its definitions and law based upon the Federal laws.

“Fireworks” means a composition or device designed for entertainment to produce a visible or audible effect by combustion, explosion, deflagration or detonation.

It’s OK to sell a 1.4 G (this references a federal code provision) device for personal entertainment.

Roadside fireworks stands are full of 1.4 G devices.

It’s not OK to sell 1.3 G devices to the general public.

Within Texas, you can legally buy and transport sky rockets, roman candles, firecrackers, sparklers, smoke and punk, fountains, missiles, novelties, crackle and strobe, parachutes, wheels and spinners, sky flyers, display shells and aerial items (cakes).

You’ll have to check local ordinances to find out if you are prohibited from storing or shooting them off.

Or you could just light the fuse and see if you attract your own glowing red lights.

Happy Fourth of July.