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Showing posts from July, 2018

I'm guilty, so why do I need a lawyer?

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The biggest mistake many defendants make is simply not talking to an attorney. The prosecution must not only prove that you committed the elements of the crime beyond a reasonable doubt, a very high burden, but it must do so within the confines of the law, such as by following the Texas and U.S Constitutions, the rules of evidence, the code of criminal procedure and so on. The prosecution can meet this high burden in many cases, which explains why the vast majority of criminal cases plea out, but are you sure your case is one of these? An attorney could very well discover that you have a defense you didn’t know about, that the evidence you think is damning isn’t, that certain evidence could be thrown out, etc. Every case is different, of course, but without talking to a criminal defense attorney you might be missing a valid argument in your favor. Even if, after talking to an attorney, you’ve decided that a plea agreement is in your best interest, not all plea agreements are create...

Your Family Law Case - Realistic Expectations

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Many people ask me my “win” percentage. When it comes to family law cases, this is a complex question because “win” is a relative term. What is considered a win in terms of dividing the community estate upon divorce? "What is a win in the battle over possession and access of a child?" Of course, I want my client to obtain the best result possible. But I also know, and my clients are quickly brought up to speed on this, that win is a relative term. And it’s based on realistic expectations. I can do everything in my power to convince a judge (or occasionally jury) to do everything my client desires. But when it comes down to it, all good attorneys know that cases are decided based on a number of factors. The skill of an attorney is certainly a factor, but the most important factor, in most cases, is having “good facts."  When attorneys speak of good or bad facts we are talking about whether the evidence is on our side or not; that is, is there strong evidence to s...