Criminal Law

Can I be arrested for questioning?
No. Police can request you to accompany them to a police station for questioning but you are not required to go unless you have been arrested for an offense. It is not advisable to speak with the police until you have first spoken with your attorney. You should ask for a lawyer to be present during questioning.

Will I fingerprinted or have to be in a line-up?
If you are arrested, the police have the right to take your fingerprints and photographs.

What is non-testimonial evidence?
Even if not arrested, you may be required to provide a sample of your handwriting, to speak phrases associated with the offense or to have samples of your hair or saliva taken. You may insist that an attorney be present.

What is a Miranda warning?
A Miranda warning advises people of their constitutional right not to answer questions or to have an attorney present before answer any questions.

If I am not under arrest, do I have to answer a police officer`s questions?
No. Unless you are placed under arrest you are free to leave at any time. However, if a police officer stops you while you are walking, and asks you for identification, it is probably in your best interest to provide such information. The courts have allowed police officers to detain people for extended periods of time in an effort to determine the identity of the individual.

Must a police officer always advise a person of their Miranda rights before asking a question?
No. The Miranda warning is only in effect during a custodial interrogation. This means that the person being questioned is in custody or in an environment in which the person does not believe that he is free to leave.

If I am in custody, how do I assert my right to remain silent?
A suspect who has been arrested need only say I want to speak with an attorney or I have nothing to say now. If the police continue to question the suspect, the police have violated the suspect`s 5th Amendment rights. Anything that the suspect says after the violation is inadmissible as evidence in court.

Can I waive my Miranda rights?
Yes. If you have been arrested, and you have been given your Miranda warning, then anything that you say can and will be used against you in court.

But the police officer said that if I talked, he would help me out.
This is something police officers always say. Police officers have no control over what happens to you after you have been arrested. The determination of what you will be charged with, and how you will be sentenced, is up to the prosecutor and the presiding judge.

Criminal Justice Procedure.
Usually, after a person is arrested, they will see the Judge as soon as possible. If arrested during the night or on a weekend or holiday, soon as possible is usually the next business day. This is the Initial Appearance where you will be informed of the preliminary charge against you and any conditions of bail are set. If kept in jail, you have the right to a bail review hearing. The next step is the preliminary hearing where the State presents the formal charges against you and a summary of the evidence they intend to use. Generally, this is accomplished when the State files the trial information and minutes of testimony. After that, the Defendant has his arraignment where a plea of either not guilty or guilty is entered. If pleading guilty a sentencing date is set. If pleading not guilty, a trial date is set. Between the arraignment and trial, there is time for discovery and filing various motions. Please bargaining can also take place. If no plea bargain is reached, there will be a trial that generally results in either a not guilty or guilty verdict. If found guilty, there will be sentencing.

What is a plea bargain?
Settling a criminal case is usually called a plea bargain. It means that the prosecution and the defense come to an agreement to resolve the case. The case can be settled at several points during the process, from before it is charged all the way to the trial’s doorstep. Usually, however, the best bargain can be obtained earlier rather than later in the process. But usually doesn’t mean always. It is important to remember that plea bargains are not binding on the Court unless the Court agrees to ahead of time. Generally, the Court will follow the plea bargain even if it will not agree to do so ahead of time.

San Antonio Wrongful Elderly Deaths: Wrongful Death of an Elderly Person

Texas law allows a person to file a wrongful death claim regardless of the age of the victim. In many cases, if the victim is an elderly individual, a wrongful death lawsuit will be very different than if the victim were a younger individual. For instance, in many wrongful death claims, financial losses are staggering because the victim was a household’s primary wage earner. When an elderly individual is killed, however, lost wages are rarely an issue (though this is not always the case). Financial loss can come from other sources, however. The victim may have required extensive medical treatment before he or she died. In some cases, surviving family members are left without the victim’s pension income, which can cause financial hardship. But in most wrongful death lawsuits brought on behalf of an elderly individual, the primary damages are emotional and mental.

Courts do take these losses into consideration and the San Antonio wrongful death lawyers at our firm can help you receive compensation for the mental and emotional anguish that such a loss can cause. But wrongful death claims are extremely complex. Proving liability for a person’s death is not always as easy as it might seem, especially if the victim was an elderly person. Elderly individuals typically have numerous health risks and it can be difficult to prove that it was negligence and not a natural health complication that caused the person’s death. Furthermore, damages can be difficult to quantify when the loss is primarily emotional rather than financial. But our aggressive Texas attorneys have been handling these types of San Antonio wrongful death claims for twenty years and we know how to overcome the unique legal problems that you will surely face in this lawsuit. If you have lost an elderly family member to another person’s negligence, contact the San Antonio wrongful death law suit attorneys at our firm and let us help you receive the compensation you deserve.

Practice Areas: Car Accidents, Trucking Accidents. On the Job Injuries. Wrongful Death. Construction Accidents, Boating Accidents, Premises Liability. Contact Us

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