The criminal justice system can be confusing and overwhelming. For guidance about criminal procedures and help building a defense, contact a skilled and knowledgeable criminal defense attorney.
Criminal Defense in North Texas
Experienced Dallas Defense Attorney Hank Judin
For almost 30 years, I have defended clients in the Dallas-Fort Worth Metroplex and throughout North Texas charged with crimes ranging from shoplifting, first-offense DWI and misdemeanor drug possession to serious federal charges such as drug trafficking, money laundering and fraud.
In my criminal defense practice, I offer sound legal advice and experienced representation to adult and juvenile clients. Regardless of the nature of the charge, it is vitally important that you consult an experienced lawyer as soon as possible. When dealing with the police and prosecutors, it is far too easy to make a seemingly minor mistake that can have a devastating impact on your defense. To discuss the particulars of your case, please call my Dallas office today at 214-750-8555 for a free consultation.
Thank you for contacting us. As appropriate, we will reply back to you as soon as possible.
Call us now
or use the form below.
When should you call an experienced criminal defense attorney? Even before you are arrested and formal charges are filed, you have rights that need protecting. The truth is that the earlier I can be involved in your case, the more options are available to pursue an aggressive defense. If you are under investigation in connection with any criminal offense in North Texas, please contact me today to get the sound advice and legal protection you need.
During your free initial consultation, you will have an opportunity to talk one-on-one with a criminal defense trial lawyer with almost 30 years of experience defending clients throughout North Texas. Call the Dallas law office of C.H. "Hank" Judin, III today at 214-750-8555. All client consultations are confidential.
The Right to Counsel
The Sixth Amendment of the US Constitution guarantees the right to an attorney to anyone facing federal criminal charges. The 14th Amendment and some state constitutions also afford this right to anyone facing state felony charges. Those who are indigent and cannot afford an attorney have the right to have one appointed to them for free. Most people, however, do not understand what the right to an attorney means, when this right attaches or who qualifies for a court-appointed lawyer.
If you are accused of a serious crime, it is essential that you retain the services of an experienced criminal defense lawyer to fight for your legal and constitutional rights throughout the criminal justice process. Contact C.H. "Hank" Judin, III, Attorney at Law in Dallas, Texas, to speak with a criminal defense attorney about your case today.
Federal and State Law
The right to counsel is a fundamental right of criminal defendants guaranteed by the US Constitution. Many states also include this right in their constitutions, and some states provide a broader scope of the right to counsel than the federal constitution. However, defendants facing state felony charges are still entitled to counsel, even if the state constitution does not provide such a right, under the federal constitution via the 14th Amendment.
Attachment of the Right
Criminal defendants are afforded the right to an attorney throughout every critical stage of a criminal proceeding once the right has "attached." Under federal rules, the defendant's right attaches once "adversary judicial proceedings" have been initiated against the defendant. This includes when the defendant has been charged with or indicted for a crime and during a preliminary hearing, information and arraignment.
Thus, for the right to attach, the defendant must have been charged with a crime. It does not attach if the individual is merely suspected of committing a crime. It does not attach during the investigative stage prior to the filing of actual, formal charges — even if the individual is the only suspect. An arrest, without formal charges, also does not trigger the right to an attorney. This does not mean, however, that an individual being investigated for a crime cannot hire an attorney on his or her own.
Once the right has attached, the state cannot interfere with the defendant's right to seek counsel and has a duty to ensure the defendant's right is honored. The right is not available in civil or administrative proceedings or during license suspension or revocation hearings.
Appointed Counsel
In order for a criminal defendant to receive a court-appointed lawyer, the defendant cannot merely be unable to afford the representation of an attorney of his or her choosing, but must meet the definition of an indigent. The trial court has the authority to determine whether a defendant is indigent. Some jurisdictions have guidelines based on income that allow individuals meeting the criteria to be presumed indigent. Other jurisdictions, however, do not have any guidelines and must make the determination on a case-by-case basis.
In those states that determine indigence on a case-by-case basis, the court must look at the defendant's total financial circumstances, including his or her income, assets, debts and other financial obligations before deciding if the defendant can afford to pay for an attorney. Thus, just because a defendant is unemployed does not guarantee he or she will be appointed counsel.
Defendants receiving court-appointed attorneys do not have the right to have an attorney of their choosing. If the court finds that the defendant is indigent, the court will assign a public defender to the defendant. The right to appointed counsel only extends to the trial and the first appeal of the trial court's judgment.
Waiving the Right to an Attorney
Just as all criminal defendants have the right to an attorney, they also have the right to self-representation and can waive the right to an attorney. In order to waive this important right, criminal defendants must be able to prove to the judge that they are competent (have the mental capacity) to waive this right and that their waiver is knowing, intelligent and voluntary. The judge must make sure that the criminal defendant understands the disadvantages of self-representation before allowing the waiver.
Defendants considering representing themselves in a criminal trial should carefully consider the consequences of this action. Criminal defense attorneys have years of training and understand the intricate, and often confusing, workings of the law and criminal justice system. Given the complexities of criminal procedure and, more importantly, the severe consequences a criminal conviction carries, a criminal defense attorney is best suited to protect defendants' legal rights and help them achieve the best possible outcome.
Conclusion
If you or a loved one has been arrested for a criminal offense, you have the right to an attorney. It is important to begin working with an attorney as soon as possible in the process, even if you have not been formally charged with a crime. To learn more about your legal rights, contact C.H. "Hank" Judin, III, Attorney at Law in Dallas, Texas today.
Copyright ©2009 FindLaw, a Thomson Business
DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.
