Prompt jail release is an often-overlooked component of a successful criminal defense. Without jail release, the presumption of innocence basically becomes a presumption of guilt. Incarcerated defendants cannot meaningfully participate in their own defenses, and they may accept unfavorable plea bargain offers to get things over with.
According to the federal government, there are about 4.5 million adults on probation in the United States. The rather distressing thing about that number is that it's the lowest probation population figure in twenty years.
Prompt pretrial release is an essential component of a good criminal defense. Typically, defendants who are behind bars do not make good decisions, usually because the increase stress hormone production interferes with the thought process. In practical terms, defendants who are in jail often accept unfavorable plea bargain agreements just so they can get back to the free world.
Even though most states have legalized marijuana, at least for medicinal purposes, the number of drug possession arrests has increased sharply since 2017. Texas laws are particularly harsh in this area. Drug possession laws mandate stiff penalties, even if the amount of drugs is very small.
The Dirty Harry movie series was one of many vigilante crime fighter movie series in the 1970s and 1980s, such as Death Wish and Walking Tall. This clip from 1971's Dirty Harry illustrates how much criminal law has changed over the past fifty years. The hunting rifle which was inadmissible in 1971 would almost certainly be admissible today.
Like many other offenses in the Texas Penal Code, Section 22 offenses have both direct and collateral consequences. Given the magnitude of these consequences, and the fact that Tarrant County prosecutors file so many of these cases, a solid approach is a must-have.
In many cases, criminal convictions have lifelong negative consequences. For example, certain convictions male it impossible to obtain certain licenses or obtain student financial aid. Many records in Texas are expungeable, meaning that all paperwork related to the case goes away. However, these situations are rather limited, as outlined below. Criminal convictions do not fall off records after seven years or any other period of time. In most cases, they remain forever.
Briefly, if the defendant is out of jail and a Fort Worth criminal defense attorney can delay the case, a successful resolution is usually possible. However, if the defendant remains in jail or delay is impossible for another reason, these cases are very difficult to defend.