San Antonio Criminal Lawyer

San Antonio Criminal Lawyer

South Texas Criminal Defense Attorney




Types of Lawyers in San Antonio

There are many different types of lawyers in San Antonio.  Obviously, there are criminal defense lawyers that defend the accused against charges.  Beyond criminal law, you need to look at civil law which encompasses a broad spectrum of legal fields.  Civil law involves planning and drafting wills and estates, property disputes, contract disputes, arbitration, insurance law, intellectual property law such as patents, copyrights, and trademarks, family and divorce law, Auto Accident Settlement which goes into negligence and tort law, consumer law which protects consumers against those selling services or goods, and much more.

When hiring a lawyer, don’t get tunnel vision for one particular quality in an attorney.  Different cases call for different degrees of specialization and skill level.  For example, a traffic ticket does not require an attorney with over 20 years of experience while complicated insurance litigation will require a higher level of skill and experience.  Another example is a record sealing service which is more of a paperwork task than utilizing legal talent.  As you can see, some legal services may necessitate experience, and top talent to secure better results and thus prices will tend to be higher to secure counsel.  In contrast, other services do not require a high degree of specialization or talent so it wouldn’t be of that much more benefit to you to hire a top attorney.

Specialization does not only speak to practice but also to locality.  Sub and smaller counties often have their own set of mores and customs in which it pays to have a lawyer who is familiar with the processes, judge, and prosecutor.

San Antonio DWI Lawyers

If you have been charged with driving while intoxicated or public intoxication recently in San Antonio, contact a San Antonio DWI lawyer right away.  You have rights and legal protections that you might not be aware of.  Remember that being arrested does not mean you are guilty.  Hire a defense lawyer that can provide you a rigorous legal defense and protect your rights against criminal charges.

There are many common errors that are made by persons arrested for DWI.  These mistakes include 1) not contacting an attorney, 2) speaking to people other than an attorney about your DWI case, and operating a vehicle while your license is suspended.

Criminal Law and Background Checks

One of the reasons it is wise to hire a San Antonio criminal lawyer is to try and prevent something from being tacked on to your Criminal Records.  Besides fighting vigorously to prevent any conviction, in certain cases, criminal attorneys can help to seal or expunge your record so that no one can legally access information you want to prevent from being public.  So the question becomes what are background checks and how much do they usually reveal?

A background check certainly not always pertain to only a criminal record, but it almost always includes it as one of the pieces of information. However, when someone performs a Criminal Records Search, this is strictly for the purpose of gathering that particular area of your past. This could include DWIs, sex offenses, weapons charges, white collar crimes, and battery.

Someone could also be searching your record outside of the criminal law realm.  For example, investigations are done to reveal your past contacts, residences both past and present, aliases, former and current neighbors, divorces, jobs, and much more.  Sometimes records are scanned for non-skeptical reasons such as finding an old friend or lost relative.  Other times, people are looking to collect data because of a suspicion in a personal relationship or they are thinking about entering into a business relationship with that person.

If you need any legal advice in South Texas, search for a San Antonio criminal lawyer.

San Antonio Criminal Lawyers

Criminal lawyers help provide you a legal defense against charges made against you.  A San Antonio criminal lawyer typically defend residents in or around the South Texas area.  There are certain characteristics you should look for in a criminal lawyer that will help you know which one to select:

  • experience
  • respected
  • responsible
  • knowledgable

Experience should be a top factor to choose when selecting a criminal attorney because the lawyers usually know exactly what to expect and how to defend all types of charges brought against you.  The more years of experience usually indicates a higher quality of representation.

Another factor in choosing a San Antonio criminal defense lawyer is respect.  If your criminal lawyer is lauded by peers, publications, and former clients this is a great indicator they are very good advocates and will defend your rights zealously.

You will also want a San Antonio Texas criminal lawyer who is responsible.  This means they call you quickly when something changes in your case and are able to answer your questions on your case.  Criminal lawyers should also make any hearing in your case or alert the judge when they will run late.  Sometimes this is inevitable as criminal lawyers often juggle several cases at once and they can be scheduled at the same time.

Knowledge is also important for a “SA criminal lawyer” because they need to know the rules of evidence and all of the laws and exceptions to the statutes.  Obviously, lawyers cannot know every piece of code the legislature has mandated, but attorneys do need to know how to its relevant applications to your case once they look up the law.

Hopefully, this information can help you know which San Antonio criminal lawyer is best for your individual situation whether you want a traffic ticket dismissed or need to hire lawyer to defend a felony.

San Antonio Legal Market

San Antonio’s legal market is still doing very well right now.  With a population of close to 1.5 million citizens counting the main metroplex area and surrounding markets, San Antonio is a dynamic city demanding legal services in all major fields.  Criminal law remains a large field as those charged with crimes including dwi, weapons charges, sex crimes, and drug possession continue to need defense lawyers.

There are several Bexar county criminal defense lawyers available with a wide ranging level of experience.  The price to retain one of these attorneys for legal counsel spans a large range depending on what legal service you need and the lawyer’s experience and skill level.  If you can not afford a private attorney, you are entitled to legal defense for free and a court appointed attorney will take your case.

You need to balance the pros and cons of hiring a defense lawyer against having a court appointed attorney to defend you against your criminal charges.  First, a private lawyer will dedicate more time and depending upon your pay arrangement, more resources to provide a vigorous such as a private investigator.  A court appointed attorney usually has a large case load and is paid less to take your case.  This is it is a good idea to hire a solo San Antonio criminal lawyer.

San Antonio Criminal Lawyer Blogs on the Law

Carl Lobitz is not only a certified criminal law specialist, this San Antonio Lawyer is also a blogger. Carl’s San Antonio Criminal Lawyer blog has become widely popular for his candid discussion of evolving law. His primary focus has been discussions involving South Texas DWI’s, but he has also touched on the San Antonio court system and it’s interworkings. Carl’s DWI website contains a wealth of information on Texas Law that instructs you of your rights and the black letter law. Carl also deals with erasing your criminal record by handling expunctions. Of course, the legal information in Carl’s website is only for general purposes and should not be taken as legal advice for your specific situation. Attorney blogs have become more popular among San Antonio Lawyers.

Probable Cause

Probable cause in obtaining a warrant can be an important factor in deciding whether evidence gathered with that warrant can be used at trial. In Spinelli vs. United States, the FBI obtained a search warrant based on a sparsely corroborated tip from an informant that led to the discovery of evidence that indicated that Spinelli was running an illegal book marking operation. The court ruled an informant’s tip must be sufficiently corroborated to be the basis for probable cause or information supporting the applying officer’s belief that the informant is reliable and credible.

The case of Illinois v. Gates overturned Spinelli. Here, based on a corroborated informant’s tip regarding Gates’ travel plans police obtained a search warrant and discovered marijuana in Gates’ car, which the trial court excluded as fruits of an illegal search. The Spinelli two pronged approach for determining probable cause based on informant’s tip was abandoned in favor of a less technical totality of the circumstances test. The court ruled a search warrant based on an informant’s tip may be properly issued if, given the totality of the circumstances set forth in the warrant application, including the veracity and basis of knowledge of the informant and any corroboration of the informant’s information, there is a fair probability that contraband or evidence will be found in the place to be searched. This is the totality of circumstances test.

Culpable Mental States

With intent, a person acts intentionally as to the nature of their conduct or to a result of his conduct when it is his conscious objective or desire to engage in the conduct or cause the result.

For knowledge, a person acts knowingly with respect to the nature of his or her conduct or to circumstances surrounding his conduct when he is aware of the nature of his conduct or that the circumstances exist. A person acts with knowledge, with respect to a result of his conduct when he is aware that his conduct is reasonably certain to cause the result.

To define recklessness, a person is reckless, with when he is aware of but consciously disregards a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature that its disregard constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances.

Venue for Criminal Charges

In Thomas vs. State, the appellant was charged with committing murder in Robertson County and venue was changed to Madison County by agreement of all parties. Appellant contends that the State failed to prove venue in Madison County, the county in which the case was tried. Appellant made a motion for instructed verdict stating that venue and jurisdiction were not proven. Where a county acquires venue by virtue of a change of venue order and not by virtue of the commission of an offense, different considerations exist. Venue means the place in which prosecutions are to begin. In the instant case, that means Robertson County, the place where the offense occurred. The State proved that the offense occurred in Robertson County. Appellant phrases his contention as failure to prove venue, but it is really a question of jurisdiction, not venue, since Madison County would not have been a proper county in which to try appellant absent the change of venue.

Texas Felonies

A police officer may arrest upon satisfactory proof from credible person that felony committed and offender about to escape. Under Cornejo v. State, private citizens who witnessed crime and victims are inherently credible. There are four requirements: credible person, not time to prepare warrant, felony, and offender about to escape. The escape requirement is met where the suspect has previously fled or otherwise evidences an intention to flee. Satisfactory proof of escape is not established by the mere fact a suspect travels from one place to another. Officers who reasonably believe that further investigation of an offense may be necessary in order to justify the issuance of a warrant, and where those officers undertake that invest lawfully and w/o impinging upon reasonable expectations of privacy, and where that invest leads to the receipt of info which in combo with their other info constitutes probable cause to arrest the suspect, but that info is obtained in the presence of the suspect under circumstance which would lead the officers reasonably to believe that the suspect would take flight if given the opport to do so, the officers are authorized to arrest the suspect without first obtaining a warrant. (Dowthitt v. State)

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