Houston DWI Lawyer | DWI Defense in Houston, TX

I have noticed a unusual amount of people reaching our blog when they search something along the lines of whether a person should enter the Houston DWI DIVERT program.  This is not an easy decision.  Most importantly, a blog is not going to be able to tell you whether the program is right for you.  This is why the trust between you and the lawyer that is handling your DWI case is so important.  A person considering the DIVERT program needs to discuss the pros and cons with their  DWI attorney and then decide for themselves whether it is right for them.

Good luck with your decision!

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While I understand that the Harris County District Attorney's Office (HCDAO) has a policy of not offering undocumented defendants probation for any case the law disagrees with their position.  Despite the fact that I understand the policy does not mean that I have to agree with it. 

 Recently, I was representing a young woman that was charged with a misdemeanor.  Her parents brought her to the United States when she was just an infant.  She did not play a role in coming to this country herself.  She went to school in Houston and is currently attending college.  She is on target to graduate in one year from  the University of Houston.  She has never visited the country where she was born.  The life she knows is in Houston.  However, according to the HCDAO because she is undocumented she is not being offered the chance to complete probation as punishment.  This is merely a political position by the HCDAO.  The HCDAO is without merit and mistaken.  In fact, some younger prosecutors that I have come across are under the belief that she is not eligible to receive probation at all.  Luckily, this is not the case.  The HCDAO may not offer her probation, but this does not mean that she is precluded from receiving this from a judge or a jury.  When the HCDAO sets a policy it needs to inform the junior prosecutors that despite making this their policy it does not make it the law.

Para personas hispanas:  Escoje un abogado en Houston que hablar Espanol!  Uds. puede recibir probation sin embargo que este en este paiz sin documentos. 

Por favor llamar mi oficina (713) 242-1779 si necesita ayuda de un abogado en Houston.

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Frequently, clients think they only have one option in their criminal case.  This could not be further from the truth.  First, everyone is presumed to be NOT Guilty when accused of a crime.  Accordingly, a client has the option of stating that they are" not guilty" or "guilty" of the alleged conduct.  There is a third option of stating "no contest", but this is equivalent to a guilty plea.  Second, just because a person would like to plead guilty means that they must accept the offer made by the prosecution.  In fact, an accused has the option of letting the judge or a jury decided their punishment despite the desire to plead guilty.  Recently, I had a client that did not want to accept the prosecutor's offer as well as not want to go trial on the case.  Luckily for him I was able to convince the judge to give him what he was seeking.  Third, if the client does not want to accept the prosecution's offer, and does not like the judge's idea of the proper punishment they may decide to let a jury decide what the appropriate punishment in their case should be.  This allows the accused to plead guilty to the jury, but in the meantime ask them for the punishment they were seeking from the prosecutor and judge.

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I understand people not having time for all the things that they have to do in life, but I am amazed when a person does not want to meet with their criminal attorney before their court date.  I always encourage a prospective client to travel to our office to meet with us.  This gives us the opportunity to discuss their case in the comfort of our office.  When this is done we can go over most aspects of the case at our leisure.  However, some client's can not find the time to come to our office so they choose to meet in court for the first time.

While we can answer a lot of questions over the phone it is best to come into the office.  At the courthouse, there is a lack of privacy.  If we are lucky, we find an open office in the courtroom's vestibule to discuss the case.  The problem is that there are only four such offices per floor at the courthouse and they are usually occupied.  The seventh floor of the courthouse has an area for lawyers to talk to their clients, but the client that chooses to meet in court is typically in a hurry to return to work so they do not want to grab an elevator to a different floor to discuss their case.  Most of these clients quickly realize that they need to take the time out of their day to properly prepare for their case by personally meeting with their attorney in their office. 

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For some reason, a lot of people think that a criminal attorney's work is done after they finish with court in the morning.  I frequently hear "Oh he must have an afternoon tee time" when a a lawyer is trying to move along a conversation with his client especially when they are trying to move along the conversation quickly.  I for one, rarely have time for an afternoon round of golf.  In fact, I am just as busy upon returning to the office as I am in court in the morning.  Take for example this afternoon. Before entering my office I had someone waiting for me and before I finished with that person I had two more appointments waiting.  I try to space my appointments a hour apart to give enough time to see all of them.  When I do not have people waiting for me I return all my messages before starting my afternoon work.  The afternoons are the time a trial lawyer prepares for his upcoming trials by getting his motions ready for filing reviewing the law, and tying up any loose ends.  Most of the time, the work day is over for me before I get a chance to think about the 18 holes that I missed playing.

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This is a common question for a criminal defense attorney.  In Houston, Harris County, Texas most lawyers do not get involved in the initial bonding process.  A lawyer may go to the initial court appearance to attempt to get a client's bond reduced so it is easier for them to bond out of jail, but this is only done when court is in session typically, Monday through Friday during normal working hours.  Most of the time when someone is frantically trying to make a bond it is not during the court's working hours.

The type of person that calls me with the this question is usually someone that has never bonded anyone out of jail previously, or thought they would ever be doing something like that in their lifetime.  The bond is based on the person's criminal history, the nature of the offense, and their ties to the community.  If you would like to view the bonding schedule for Harris County, Texas please click here for a felony and here for a misdemeanor. 

When bonding someone out of jail a person has two options.  They may pay the bond themselves, entirely with their own cash.  While I understand that is easier said then done in the present economic times I would highly recommend this option. One of the benefits of this is that if a cash bond is paid it is eventually refunded in full two months after the case is finished.  Also the person would not be subject to any other contractual obligations other than reporting to their court dates.  Unfortunately, most people do not have the entire bond amount readily available so the second option is using a bonding company to help them bond the person out of jail.  A bonding company charges a fee in the range of 10-15% of the bond amount.  Once the fee is paid it is not returned.  Nevertheless, I would think paying the fee beats sitting in jail while the case is resolved.  Most bonding offices are open 24 hours a day to assist potential clients.  One of the drawbacks of using a bonding company are the contractual obligations.

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