Criminal Law

• Miranda Rights: An individual has rights during police questioning, such as the right to remain silent and the right to an attorney.4th Amendment Rights: The Fourth Amendment protects an individual from unreasonable search, seizure, and arrest.
• Right to Legal Counsel: Everyone has the right to competent legal counsel throughout the criminal justice system, even upon appeal.
• Right to a Speedy Trial: Everyone has the right to a trial within a “reasonable” period of time.
• Protection from Double Jeopardy: Everyone has the right not to be tried for the same crime twice.
• 6th Amendment Rights: Everyone has the right to confront anyone who accuses you of a crime. The cross examination of a witness during trial is an example of 6th Amendment rights.
• Protection from Cruel and Unusual Punishment: Everyone has the right to be protected from unduly harsh punishment.
• Prisoners’ Civil Rights: Those, convicted of crimes and incarcerated, maintain civil rights such as the right to be free from sexual crimes and sexual harassment, the right to complain about prison facilities, the right to appeal their cases, the right for disabled prisoners to have access to programs, the right to medical care, and the right to mental health care.

With a criminal defense case, it’s important that you speak to an attorney right away to get the best outcome. An experienced criminal defense attorney will know your rights and the typical procedures of the justice system, and this knowledge is invaluable when preparing a defense.

In Texas, felonies are crimes punishable by terms that must be served in state prison or state jail. Less serious crimes (misdemeanors) are punishable by up to one year in local or county jail. There are various levels of felonies as follows:

Capital Felony
In Texas, capital felonies are punishable by death or life without parole. Murder is an example of a capital felony.

If the defendant was a juvenile at the time the crime was committed and the prosecutor chooses not to seek the death penalty, then a capital felony is punishable by life imprisonment. (Tex. Penal Code Ann. § 12.31.)

First Degree Felony
A conviction for a first degree felony can result in life imprisonment or five to 99 years’ imprisonment, as well as a fine of up to $10,000. Sexual assault against a child is a first degree felony in Texas. (Tex. Penal Code Ann. § 12.32.)

For more information on sex crimes and penalties in Texas, see Texas Sexual Battery Laws.

Second Degree Felony
Under Texas law, second degree felonies are punishable by two to 20 years in prison, and a fine of up to $10,000. Causing serious injury to a family member is a second degree felony. (Tex. Penal Code Ann. § 12.33.)

For more information on domestic abuse, see Texas Domestic Violence Laws.

Third Degree Felony
A third degree felony is punishable by two to ten years’ imprisonment and a fine of up to $10,000. For example, possession of five to 50 pounds of marijuana is a third degree felony. (Tex. Penal Code Ann. § 12.34.)

For more information on crimes involving marijuana, see Texas Marijuana Laws.

State Jail Felony
In Texas, state jail felonies are punishable by 180 days to two years in state jail and a fine of up to $10,000.

If lawmakers identify a crime as a felony but fail to designate it as a particular kind of felony or set a specific sentence, then the felony is a state jail felony.

A judge must punish a defendant convicted of a state jail felony to a third degree felony term if:

• the defendant used or exhibited a deadly weapon in the commission of the crime, or
• the defendant has previously been convicted of a felony. (Tex. Penal Code Ann. §§ 12.04, 12.35.)

For example, a conviction for theft is a state jail felony if the thing stolen is:

• a firearm
• livestock worth up to $20,000, or
• property (other than livestock) worth between $1,500 and $20,000.

We all know that you shouldn’t drink and drive, but if you happen to find yourself in a situation where you’ve made that mistake, your Texas Legal plan can help you navigate your DUI/DWI case. If you find yourself facing a DWI or DUI charge, you want to find a lawyer ASAP. DWI laws are very complex and punishments vary from place to place. Without a lawyer, you might not know about a county’s diversion program to avoid a conviction or understand your options when it comes to driver’s license suspension. In addition, a lawyer can help possibly negotiate an outcome with the prosecution.

This aspect of your coverage also protects you if you were charged with boating while intoxicated or under the influence.

Kids make mistakes. Sometimes big, sometimes small. If your child is facing charges in juvenile court, your Texas Legal plan can help. In order for your child to qualify for defense in juvenile court, they need to be listed on your Texas Legal family plan.

As with any criminal law matter, it’s important that you contact an attorney right away, even before charges have been filed. A skilled attorney can help you get a better outcome in your juvenile law case and help you understand your rights and responsibilities under the law.

Everyone deserves the ability to start over and move on from past mistakes. That’s why Texas Law allows for expungement and record sealing for certain types of criminal arrest records and convictions. The laws surrounding expungement and record sealing are complex, so you should seek an experienced attorney’s help. Your Texas Legal plan can help you with consulting with and hiring an attorney for expungement or record sealing.

If you find yourself arrested or held for any reason, your Texas Legal membership will be by your side to help you get released. Our memberships cover an attorney’s help in getting released from jail. You can locate an attorney near you anytime with our online attorney finder or during business hours by calling our toll-free number 1-800-252-9346.

If you are being held in police custody, you have the fundamental right to know why and have a judge determine if that reason is lawful. Texas Legal can help you if you need a habeas corpus hearing, which can force public officials to come forward and state why they’ve detained you and what the evidence is against you.

Flashing lights in your rear view mirror? Call Texas Legal. We have attorneys that specialize in traffic cases and can help you fight your ticket or get the best outcome possible. If your license has been suspended, our attorneys can help you figure out the best way to get your license reinstated so that you can get back on the road.

If you are facing a misdemeanor charge that would result in your license being revoked or suspended, Texas Legal covers an attorney’s help with consultations, negotiations, preparation and pleadings through trial, if a trial occurs. For traffic tickets, your plan covers pretrial consultations, negotiations, preparation and pleadings, but not a trial.

If you are faced with a charge of public intoxication, Texas Legal will cover your attorney’s fees for consultations, negotiations, preparation and pleadings through trial, if a trial occurs.

Should you be involved in a court proceeding where the court had to determine if you were competent to stand trial, or if the state were seeking to involuntarily commit you to an institution due to the condition of insanity, your membership would cover an attorney’s help in defending yourself and your interests.