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Can I Get My Criminal Case Dismissed?

By Peek & Toland on November 17, 2019

When you are facing criminal charges, the District Attorney’s office has the legal authority to make prosecutorial decisions for the State of Texas. While dismissals do occur in some cases, they are not as common as one might think. Ultimately, it is up to the District Attorney’s office whether to dismiss a specific criminal charge. No defense attorney can ever promise you or guarantee a dismissal of your criminal case.

Criminal cases can be dismissed without prejudice, or, more rarely, with prejudice. A dismissal without prejudice means that the District Attorney’s office can refile the same charges against you after previously dismissing them. For instance, if the District Attorney later receives more evidence against you for the charge from police, the District Attorney then could refile the same charges. However, if the court grants a dismissal without prejudice, then the District Attorney can never refile the same charges against you.

Can I Get My Criminal Case Dismissed?

Various factors can dismiss the decision of the District Attorney’s office whether to dismiss criminal charges. The input of an alleged victim of the crime can be useful in persuading the District Attorney to dismiss the charges. Other relevant factors may include the strength of the evidence against you, the availability of witnesses, potential defenses or justifications for the crime, and other mitigating circumstances. Evidence that is contrary to the state’s evidence in support of prosecution also may help sway a decision whether to dismiss criminal charges.

Another circumstance that can lead to dismissal of criminal charges is the use of a deferred prosecution agreement. For instance, a defendant may be able to ultimately obtain a dismissal of charges by signing a written confession to the offense, agreeing to not commit other crimes, and agreeing to complete specific conditions, such as completing domestic violence or substance abuse counseling. The prosecutor often will dismiss the charges without prejudice when individuals enter these agreements. If the individuals fail to meet their end of the bargain, then the prosecutor can refile the charges and use the signed confession against them. If the individuals follow the agreement, then the charges will remain dismissed.

An experienced Texas criminal defense attorney can help you build a strong defense against any criminal charges. We are here to evaluate the facts surrounding your case and explore your options. We then can help you make the decisions that are mostly like to be beneficial to you, based on your situation. Contact Peek & Toland at (512) 474-4445 today and see how we can help.

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The Financial Costs of a Criminal Case

By Peek & Toland on March 4, 2019

The costs of a criminal case can be extremely high, although some cases cost more than others. First, individuals often must pay thousands of dollars in fines and restitution in some cases. All offenses carry the potential for different fines. Additionally, if you are convicted of embezzlement, for instance, your restitution order may require you to pay back the money embezzled from the employer.

If you were required to post a bond in a criminal case, that can be a large up-front expenditure, although there is the possibly of a refund at the end of the criminal matter partially or fully in some cases. Bail also may be subject to forfeiture, such as if you flee the jurisdiction. In that case, you will not receive the bond back, and if you utilized the services of a bail bondsman, you may be liable to the bondsman agency for the full amount of the bond. However, there also are other expenses related to the court proceedings for which individuals may be responsible, including court costs and probation fees.

The Financial Costs of a Criminal Case

Some criminal convictions may require additional expenses. For example, if you are convicted of a DWI, you may be required or have the option of installing an ignition interlock device (IID) in order to drive on restricted license or to reinstate your license following a suspension. The costs of installing and maintaining IID service are not inexpensive. Likewise, if you are placed on house arrest, you likely must pay the ongoing costs associated with electronic monitoring devices.

The criminal defense lawyers of Peek & Toland have handled the legal defense of countless individuals who are facing criminal charges, including charges relating to the smuggling of contraband into jails and prisons. We are here to protect your rights and advocate on your behalf in order to get the best outcome possible in your case. Call our office today at (512) 474-4445 to set up an appointment with our criminal defense attorneys today.

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